DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-30) in the reply filed on 06 September 2026 is acknowledged.
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 10, 13, 26, and 29 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 10 and 26 both recite “long-wavelength deformation of the sealing element.” It is unclear what this means. For the purpose of examination, the limitation will be interpreted as global deformation of the sealing element.
Claim 13 recites the limitation "the curve of intersecting polygonal planes of open cells" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 29 recites the limitation " the curve of intersecting polygonal planes of and open cell unit cell " in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-2, 5-7, 11-12, 15-17, 20-22, and 27-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murphree (US 2017/0342797).
With respect to claim 1: Murphree discloses a packer assembly (Figs. 1-4) comprising:
a mandrel (165) comprising a hollow cylinder (Fig. 2; ¶ [0023]);
a sealing element (170; Fig. 2; ¶ 0023-24]) disposed around the exterior surface of the hollow cylinder of the mandrel (Fig. 2), the sealing element comprising a plurality of open cells (¶ [0041-43]), each open cell comprising walls of material and open space (¶ [0025, 0043-44]), wherein when pressure is applied axially to the sealing element, the open cells promote deformation of the sealing element laterally outward from the mandrel (¶ [0023-25]; Fig. 2); and
a slip element (155, 160) movably disposed around or within the hollow cylinder of the mandrel (¶ [0023-24]; Fig. 2),
wherein, when the packer assembly is positioned within a wellbore (Fig. 1), the slip element is operable to apply pressure axially to the sealing element to form a seal between the sealing element and a wall of the wellbore (¶ [0023-24]; Figs. 1, 2).
With respect to claim 2: Murphree further discloses the material of the walls does not comprise an elastomer (¶ [0030-32]).
With respect to claim 5: Murphree further discloses when pressure is applied axially to the sealing element (¶ [0023-24]; Figs. 1, 2), the open cells inhibit deformation of the sealing element laterally inward toward the mandrel (¶ [0025]; Fig. 4).
With respect to claim 6: Murphree further discloses when pressure is applied axially to the sealing element (¶ [0023-24]; Figs. 1, 2), the open cells promote deformation of the sealing element laterally outward from the mandrel (¶ [0023-24]; Figs. 1, 2) without exhibiting mechanical failure at a depth of greater than 4km, a temperature greater than 175 degrees C, pressure greater than 75 MPa, and/or when exposed to geothermal chemicals corrosive to elastomers (¶ [0038]).
With respect to claim 7: Murphree further discloses the plurality of open cells comprise intersecting polygonal planes of material (¶ [0025]; Fig. 4) comprising a first material (Fig. 4; 195a is made from a material) and a second material (Fig. 4; 195b is made from a material).
With respect to claim 11: Murphree further discloses the plurality of open cells promotes anisotropic specific energy absorption for the sealing element (¶ [0039]), and wherein the sealing element can be collapsed from an unfolded configuration to a folded configuration when pressure is applied along the lower-specific energy plane of the sealing element promoted by the plurality of open cells (¶ 0023-24]; Figs. 1, 2).
With respect to claim 12: Murphree further discloses the plurality of open cells minimizes fracture paths within the sealing element upon first exhibiting mechanical failure (¶ [0023]; Fig. 4).
With respect to claim 15: Murphee discloses a sealing element (165, 170; Fig. 2; ¶ 0023-24]) comprising:
a hollow cylinder (170; Fig. 2) comprising:
a plurality of repeats of an open unit cell (175; ¶ [0041-43]), each unit cell comprising walls of material and open space (¶ [0025, 0043-44]), wherein when pressure is applied axially to the sealing element (¶ [0023-24]; Fig. 2), the plurality of repeats of the open unit cell promotes deformation of the sealing element outward from the center of the hollow cylinder (¶ [0023-25]; Fig. 2).
With respect to claim 16: Murphree further discloses the walls define intersecting planes of material (¶ [0030]; Fig. 2).
With respect to claim 17: Murphree further discloses the intersecting planes of material do not comprise an elastomer (¶ [0030-32]).
With respect to claim 20: Murphree further discloses when pressure is applied axially to the sealing element (¶ [0023-24]; Figs. 1, 2), the plurality of repeats of the open unit cell prevents deformation of the sealing element laterally inward toward the center of the hollow cylinder (¶ [0025]; Fig. 4).
With respect to claim 21: Murphree further discloses when pressure is applied axially to the sealing element (¶ [0023-24]; Figs. 1, 2), the plurality of repeats of the open unit cell promotes deformation of the sealing element laterally outward from the center of the hollow cylinder (¶ [0023-24]; Figs. 1, 2) without exhibiting mechanical failure at a depth of greater than 4km, a temperature greater than 175 degrees C, pressure greater than 75 MPa, and/or when exposed to geothermal chemicals corrosive to elastomers (¶ [0038]).
With respect to claim 22: Murphree further discloses the plurality of repeats of the open unit cell comprises intersecting walls of material (¶ [0025]; Fig. 4) comprising a first material (Fig. 4; 195a is made from a material) and a second material (Fig. 4; 195b is made from a material).
With respect to claim 27: Murphree further discloses the plurality of repeats of the open unit cell promotes anisotropic specific energy absorption for the sealing element (¶ [0039]), and wherein the sealing element can be collapsed from an unfolded configuration to a folded configuration when pressure is applied along the lower-specific energy plane of the sealing element promoted by the plurality of repeats of the open unit cells (¶ [0023-24; Figs. 1, 2).
With respect to claim 28: Murphree further discloses the plurality of repeats of the open unit cell minimizes fracture paths within the sealing element upon first exhibiting mechanical failure (¶ [0025]; Fig. 4).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3-4, 14, 18-19, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murphee as applied to claims 1, 2, 15, and 16 above, and further in view of Casciaro (US 2009/0255675).
With respect to claim 3: Murphee discloses all aspects of the claimed invention except for the material of the walls comprises a material with lower elasticity than a fluoroelastomer. Casciaro teaches a sealing element (22) comprising a material with lower elasticity than a fluoroelastomer (¶ [0027]; “polyether ether ketone”). It would be obvious to one having ordinary skill in the art before the effective filing date to substitute the material of Casciaro for that of Murphee with a reasonable expectation of success since doing so would perform the same predictable result of forming a seal with a wellbore wall.
With respect to claim 4: Casciaro from the combination of Murphee and Casciaro further teaches for when pressure is applied axially to the sealing element, the open cells promote deformation of the sealing element laterally outward from the mandrel to an extent greater than that of a sealing element made in bulk of an elastomer (¶ [0027]; “polyether ether ketone” allows for greater laterally outward deformation than an elastomer).
With respect to claim 14: Murphee discloses all aspects of the claimed invention except for the sealing element comprises a polyether ether ketone. Casciaro teaches a sealing element (22) comprising a polyether ether ketone (¶ [0027]; “polyether ether ketone”). It would be obvious to one having ordinary skill in the art before the effective filing date to substitute the material of Casciaro for that of Murphee with a reasonable expectation of success since doing so would perform the same predictable result of forming a seal with a wellbore wall.
With respect to claim 18: Murphee discloses all aspects of the claimed invention except for the material is more rigid than an elastomer. Casciaro teaches a sealing element (22) comprising a material that is more rigid than an elastomer (¶ [0027]; “polyether ether ketone”). It would be obvious to one having ordinary skill in the art before the effective filing date to substitute the material of Casciaro for that of Murphee with a reasonable expectation of success since doing so would perform the same predictable result of forming a seal with a wellbore wall.
With respect to claim 19: Murphee discloses all aspects of the claimed invention except for when pressure is applied axially to the sealing element, the plurality of repeats of the open unit cell promotes deformation of the sealing element laterally outward from the center of the hollow cylinder at a rate greater than that of a sealing element comprising an elastomer. Casciaro teaches for when pressure is applied axially to a sealing element (22), the open cells promote deformation of the sealing element laterally outward from the mandrel to an extent greater than that of a sealing element made in bulk of an elastomer (¶ [0027]; “polyether ether ketone” allows for greater laterally outward deformation than an elastomer). It would be obvious to one having ordinary skill in the art before the effective filing date to substitute the material of Casciaro for that of Murphee with a reasonable expectation of success since doing so would perform the same predictable result of forming a seal with a wellbore wall.
With respect to claim 30: Murphee discloses all aspects of the claimed invention except for the sealing element comprises a polyether ether ketone. Casciaro teaches a sealing element (22) comprising a polyether ether ketone (¶ [0027]; “polyether ether ketone”). It would be obvious to one having ordinary skill in the art before the effective filing date to substitute the material of Casciaro for that of Murphee with a reasonable expectation of success since doing so would perform the same predictable result of forming a seal with a wellbore wall.
Allowable Subject Matter
Claims 8-9 and 23-25 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.
Claims 10, 13, 26, and 29 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTYN A HALL whose telephone number is (571)272-8384. The examiner can normally be reached M-F 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTYN A HALL/Primary Examiner, Art Unit 3672
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