DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election of Group I, claims 1-14, in the reply filed on 7/30/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Drawings
The drawings are objected to because Figs. 14A-24C must be drawn with black and white lines only with proper hatching. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “hydraulic latch”, “hydraulic pivot” and “crevice” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-14 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 1 and 8 recites “a hydraulic elevator comprising a left side with a hydraulic latch and a right side with a locking plate positioned along a top rim and a latch mount” and “connects the hydraulic latch to the latch mount and forms a crevice” that are unclear because all figures are showing recited elements separated from each other thus the limitations are unclear what they are referring.
Claims 1-2, 4-5, 8-9, 11-12 recites “hydraulic latch” and/or “hydraulic pivot” that are uncle because no drawing shows actual hydraulic latch and hydraulic pivot. Instant specification addresses latch and pivot not hydraulic latch and hydraulic pivot.
Claim 5 and 13 recite “when”. The use of the term "when" renders the claims indefinite because "when" indicates that the respective limitation is not required (the limitation is considered optional/conditional). Therefore, the examiner is unable to determine the metes and bounds of the claims. Fig. 23 recites “hydraulic latch” but Fig. 23 is simply flowchart not presenting structural element hydraulic latch.
Claims 1-6 and 8-13 recite “crevices” that is unclear since no drawing shows crevices.
Claims 2, 9 recite “the locking plate pushes a member of the locking plate” that is confusing. How can the plate push itself?
Claims 2-7 and 9-14 are rejected as being respectively dependent on claims 1 and 8.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Friestad et al. (20200141193 - Friestad).
Friestad discloses a method and device, comprising:
Re claims 1, 8 (as best understood – 112 issue, and device claim is pertinent because the steps in the method claim require elements recited in the device claim):
operating a hydraulic elevator 100 (i.e., figs. 6, 7, pgh. 56, “hydraulic generator” to operate elevator 100) comprising a left side with a hydraulic latch 238 (i.e., fig. 9, the latch 238 is part of the hydraulic elevator 100, thus it can be called hydraulic latch) and a right side with a locking plate 144 (i.e., fig. 8D, it locks tubular 38) positioned along a top rim and a latch mount 102 (i.e., fig. 9, and see fig. 7 for a top rim), the right side and left side connected by a hydraulic pivot 238(i.e., figs. 6-7, fig. 7 shows they are connected each other by pivot initially provided by 218 in fig. 9, and pivot is a part of hydraulic elevator and the elevator has multiple 238 thus one of 238 can be called hydraulic pivot) which opens (fig. 6) and closes (fig. 7) the hydraulic elevator, and the hydraulic elevator configured to close about the cylindrical object 38 having a large circumference 39 and a small circumference 37;
positioning the hydraulic elevator 100 at the small circumference of the cylindrical object 37 between the left side and the right side of the hydraulic elevator 100 (fig. 7);
closing, via the hydraulic pivot 218, around the small circumference of the cylindrical object (fig. 7); and
locking the hydraulic elevator 100 around the cylindrical object 38 by engaging the hydraulic latch 238, which connects the hydraulic latch 238 to the latch mount 202 and forms a crevice (i.e., figs. 9, 7).
Re claims 2, 9 (as best understood -112 issue), securing the connection between the hydraulic latch 238 and the latch 102 mount by sliding the cylindrical object 38 inside the hydraulic elevator 100, where the large circumference of the cylindrical object presses against the top rim, and the locking plate pushes a member 110a of the locking plate into the crevice formed by locking the hydraulic latch and the latch mount (i.e., fig. 8A).
Re claims 3, 10, lifting the cylindrical object, via the hydraulic elevator, and aligning the cylindrical object with the center of a wellbore 30 (i.e., fig. 3); lowering the cylindrical object onto a surface at the center of the wellbore (i.e., fig. 3); and disengaging the connection between the hydraulic latch and the latch mount as the cylindrical object is lowered onto the surface, and the weight of the cylindrical object is transferred from the hydraulic elevator and onto the surface, causing the locking plate to withdraw the member of the locking plate from the crevice formed by locking the hydraulic latch and the latch mount (i.e., pghs 43, 46, “released”).
Re claims 4, 11, opening the hydraulic elevator, via the hydraulic pivot, forming a gap between the right side and the lift side greater than the small circumference of the cylindrical object (i.e., fig.5 ); and moving the hydraulic elevator in a direction perpendicular to the alignment of the cylindrical object until the cylindrical object is not between the left side and the right side of the hydraulic elevator (i.e., before the tubular inserted into the elevator)
Re claims 5, 12, the member of the locking plate, when engaged in the crevice formed by locking the hydraulic latch and the latch mount, inhibits the hydraulic elevator from separating the left side from the right side (i.e., fig. 7).
Re claims 6, 13, lowering the cylindrical object onto a surface at the center of the wellbore causes the weight of the cylindrical object to be transferred from the hydraulic elevator and onto the surface, and for a biasing element 502 (i.e., fig. 28B) of the locking plate to withdraw the member from the crevice as the weight of the cylindrical object transfers from the hydraulic elevator and onto the surface.
Re claims 7, 14, wherein the cylindrical object is a tubular secured to a coupling, where the small circumference is the outer circumference of the tubular and the large circumference is the outer circumference of the coupling (i.e., figs. 8D, 10, 13, pghs. 83, 95, 104).
Conclusion
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/YONG-SUK (PHILIP) RO/Primary Examiner, Art Unit 3676
