3/13 6:-3E, DETAILED CORRESPONDENCE
Claims 1-19 are pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 9 is objected to because of the following informalities: “assembleable” should be “assemblable”. Appropriate correction is required
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 8 There is insufficient antecedent basis in the claim for “the flow hole”. The examiner assumes the reference is to a flow hole of the type recited in claim 1. Claims 9-19 depend from claim 8.
Claim 9 There is insufficient antecedent basis in the claim for “parts” and it is unclear whether all, or only some, are intended. The examiner assumes “wherein the pin has parts and at least two of the parts are assemblable via a flow hole …” Additionally, this claim recites “a flow hole” and depends from claim 8 which recites “the flow hole”, making it unclear whether an additional flow hole is required. The examiner assumes no additional flow hole is required.
Claim 10 This claim recites “a radially directed flow hole” and depends from claim 8 which recites “the flow hole”, making it unclear whether an additional flow hole is required. The examiner assumes no additional flow hole is required.
Claim 15 This claim recites “a single piece plunger body” and depends from claim 8 which recites “a single piece plunger body”, making it unclear whether an additional plunger body is required. The examiner assumes no additional plunger body is required. Claim 16 depends from claim 15.
Claim 16 This claim recites “a radially directed flow hole” and depends from claim 8 which recites “the flow hole”, making it unclear whether an additional flow hole is required. The examiner assumes no additional flow hole is required. Claim 17 depends from claim 16
Claim 17 This claim uses the word "can" to describe the function of elements within the claim. The word "can" creates a lack of clarity as whether the function following such word is a requirement of the invention.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 8, 10-12, 15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boyd et al. (US20220145736) [Boyd].
Claim 1 Boyd discloses a plunger 10 [Figs. 14,1,2; abstract], the plunger comprising:
a single piece plunger body 12 having a radially directed flow hole 18 disposed therein [Figs. 1,2; para. 0069,0042]; and
a pin 32,34,36 that shifts back and forth in the plunger body to block the flow hole in a first position and allow fluid to flow through the flow hole in a second position [para. 0007-0012; the pin also blocks the internal bore 52 in the first position].
Claim 2 Boyd, as discussed with respect to claim 1, discloses a clutch mechanism 140,80,98,116 supported by the pin to control the force necessary to shift the pin in the plunger body [Figs. 14,11-13; para. 0069,0061-0065].
Claim 3 Boyd, as discussed with respect to claim 2, discloses that the clutch mechanism includes at least one clutch pad 82,84 and at least one spring 88,126 disposed between the pin 32,34 and the at least one clutch pad [the portions of 82,84 that extend over the spring 88,126, thus placing the spring between those portions and the pin; Figs. 14,11,13].
Claim 4 Boyd, as discussed with respect to claim 1, discloses a bumper portion 36 supported by the plunger to limit the travel of the pin in the plunger body [portion 36 seats against valve seat 48] during operational use of the plunger [Figs. 14,11,13,2; para. 0043].
Claim 8 As discussed with respect to claim 1, Boyd discloses a method [Figs. 14,1,2; abstract], the method comprising:
inserting a plunger 10 [Figs. 14,1,2; abstract] into a well, the plunger including a single piece plunger body 12 having a pin 32,34,36 disposed at least partially therein, the pin shiftable back and forth in the plunger body to block the flow hole 18 [Figs. 1,2; para. 0069,0042] in a first position and allow fluid to flow through the flow hole in a second position [para. 0007-0012,0042-0044; the pin also blocks the internal bore 52 in the first position].
Claim 10 Boyd, as discussed with respect to claim 1, discloses that the plunger further comprises a radially directed flow hole 18 disposed in the plunger body 12 [Figs. 1,2; para. 0069,0042].
Claim 11 Boyd, as discussed with respect to claim 10, discloses that the plunger body further comprises a clutch mechanism 140,80,98,116 supported by the pin to control the force necessary to shift the pin in the plunger body [Figs. 14,11-13; para. 0069,0061-0065].
Claim 12 Boyd, as discussed with respect to claim 10, discloses a bumper portion 36 supported by the plunger to limit the travel of the pin in the plunger body [portion 36 seats against valve seat 48] during operational use of the plunger [Figs. 14,11,13,2; para. 0043].
Claim 15 Boyd, as discussed with respect to claim 8, discloses assembling the pin in a single piece plunger body 12 [e.g., by inserting the pin 32,34,36] into the plunger body [Figs. 14,1,2].
Claim 18 Boyd, as discussed with respect to claim 8, discloses lifting oil and gas fluids from the well via the plunger [para. 0002].
Allowable Subject Matter
Subject to the foregoing Section 112(b) rejections, claims 5-7, 9, 13, 14, 16, 17, and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: In combination with the other limitations of each of independent claims 1 and 8, the bumper sleeve of claims 5 and 13, the assembly of pin parts through the flow hole of claim 9, and the pin assembly via the flow hole of claim 16, were not located in one reference, nor a reasonable combination of references. Claims 6 and 7 depend from claim 5. Claims 14 and 19 depend from claim 13. Claim 17 depends from claim 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jefferies, et al. (US20150000761) discloses a plunger having a single piece plunger body 102 having a pin 104 and a clutch mechanism 404 [Figs. 7 and 8]. Paragraph [0004] of the present application discloses a single piece plunger body with a pin and clutch mechanism. Farrow (US20160326841) discloses a bypass plunger having a pin with expandable exterior surface 121 acting as a clutch [Fig. 5]. Roycroft et al. (US20230029090) discloses a bypass plunger having a pin with a bumper portion and a clutch mechanism 40 [Fig. 1]. Victor (US7383878) discloses a bypass plunger having a pin with a bumper portion and a clutch mechanism 503, the clutch mechanism having a spring activated ball [Figs. 10,10A]. Kuykendall et al. (US20170107802) discloses a bypass plunger having a pin 1102 with a bumper portion and a clutch mechanism 1110 [Figs. 16-18B].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE STERLING GRAY whose telephone number is (313)446-4820. The examiner can normally be reached 7-4 Eastern - M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara Schimpf can be reached at 571-270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE S GRAY/ Primary Examiner, Art Unit 3676