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 .
Drawings
The drawings are objected to because:
1. Based on the specification (see for example page 24, lines 20-23 recites “The first direction 20 is towards the second fluid port 6 and the second direction 22 is towards the first fluid flow port 4” which is the opposite of what is currently shown in figures 1b-1e) it appear that in figures 1a-1e, the reference number for first fluid port 4 should be shown on the right and reference number for the second fluid port 6 should be shown in the left. (For reference see how fluid ports 4 and 6 are labeled in the foreign priority document GB2629563A).
2. There are two reference numbers 6 in figure 1a.
3. The reference number 1b disclosed in specification (see page 22, line 18-19) is not shown in the drawings.
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.
Specification
The disclosure is objected to because of the following informalities:
The following changes should be made to the specification should be made to match the proposed updates to the drawings:
See page 24, lines 10-12- A first end 18a of the housing 18 is fluidly connected to the second fluid flow port 6 and a second end 18b of the housing 18 is fluidly connected to the first fluid flow port 4 .
On page 25, lines 26-28. Each valve member has a first end 10b in fluid communication with the second fluid flow port 6 and a second end 10c in fluid communication with the first flow port 4.
On page 31, lines 25-27. The trigger member 38 comprises a first end 38a in fluid communication with the second fluid flow port 6 and a second end 38b in fluid communication with the first fluid flow port 4.
Appropriate correction is required.
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) 1-7,11-15,17-19,21-23 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Williamson et al. 20120211241.
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Examiner Annotated Fig. 2
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Examiner Annotated Fig. 3
Referring to claim 1, Williamson discloses (see examiner annotated Figure 2) a fluid flow control device for a downhole apparatus, the device comprising: a body portion comprising a first fluid flow port ( entrance at A) and a second fluid flow port ( 46); a fluid flow path ( 40) from the first fluid flow port to the second fluid flow port; and a valve member (42/48) located in the fluid flow path and configured to be movable from a first, closed position in which the fluid flow path is blocked by the valve member (see fig. 2), and a second, open position in which the fluid flow path is open (fig. 5); a trigger mechanism ( 50) operable, by moving a trigger member from a first position to a second position, to convert the valve member from a secured state, in which the valve member cannot be moved (see paragraph 0049), and an unsecured state (see paragraph 0051 and fig. 3), in which the valve member can be moved wherein the valve member is configured to be movable from the first, closed position to the second, open position in response to a valve pressure cycle comprising: application of a positive differential pressure from the first flow port to the second flow port ( see paragraph 0051, increase pressure to shear screw 66); and removal of the positive differential pressure (see paragraph 0052) , wherein the trigger member (50) is movable from the first trigger position to the second trigger position in response to a trigger pressure cycle ( Note the claim does not positive recites that the trigger member moves in response to trigger pressure cycle only that the trigger member is movable and the disclosed trigger member 50 is capable of moving in response to a trigger pressure cycle).
Referring to claim 2, Williamson discloses the valve member (42/48) is configured to be movable from the first, closed position to an intermediate closed position, in which the valve member continues to block the fluid flow path (see paragraph 0052 when pressurized to break shear screw 66) .
Referring to claim 3, Williamson discloses the valve member ( 42/48) is movable from the intermediate closed position to the second, open position ( see paragraph 0052 from decrease in pressure).
Referring to claim 4, Williamson discloses the valve member (42/48) is configured to be movable in a first direction in response to the application of positive differential pressure and wherein the valve member is configured to be movable in a second direction in response to the removal of the positive differential pressure (see paragraph 0052).
Referring to claim 5, Williamson discloses the valve member (42/48) is movable from the first, closed position to the second, open position by moving in the first direction and then moving in the second direction (see paragraph 0052).
Referring to claim 6, Williamson discloses the valve member (42/48) is configurable between a first, locked state (see fig. 2 when lock 50 is in place), in which the valve member cannot be moved to the second, open state, and a second, unlocked state (see fig. 3, when lock 50 has been shifted) in which the valve member can be moved to the second, open state.
Referring to claim 7, Williamson discloses the valve member (42/48) includes a valve biasing mechanism (54) configured to bias the valve member towards the second, open position.
Referring to claim 11, Williamson discloses the trigger member (50) is movable from the first position to an intermediate position and movable from the intermediate position to the second position ( the member 50 is capable of moving to a position between the position shown in figure 2 and the position in figure 3).
Referring to claim 12, Williamson discloses the trigger member (50) is movable along a first trigger direction when moving from the first position to the intermediate position and movable along a second trigger direction when moving from the intermediate position to the second position (the member 50 is capable of moving to a position between the position shown in figure 2 and the position in figure 3).
Referring to claim 13, Williamson discloses the trigger mechanism (50) comprises a securing mechanism (58) for securing the valve member.
Referring to claim 14, Williamson discloses moving the trigger member (50) from the first position to the second position operates the securing mechanism (58).
Referring to claim 15, Williamson discloses the trigger member (50) is configured to be movable from a first, locked state (figure 2), to a second, unlocked state (figure 3).
Referring to claim 17, Williamson discloses a trigger pressure cycle is capable of comprises application of a positive differential pressure from the first flow port to the second flow port and removal of the positive differential pressure ( Note, the trigger pressure cycle is not positively recited and is only related to the intend use. A recitation with respect to the manner in which an apparatus is intended to be employed does not impose any structural limitation upon the claimed apparatus which differentiates it from a prior art reference disclosing the structural limitations of the claim. In re Pearson, 494 F.2d 1399, 181 USPQ 641 (CCPA 1974); In re Yanush, 477 F.2d 958, 177 USPQ 705 (CCPA 1973); In re Finsterwalder, 436 F.2d 1028, 168 USPQ 530 (CCPA 1971); In re Casey, 370 F.2d 576, 152 USPQ 235 (CCPA 1967); In re Otto, 312 F.2d 937, 136 USPQ 458 (CCPA 1963); Ex parte Masham, 2 USPQ2d 1647 (BdPatApp & Inter 1987). Therefore, the trigger pressure cycle is not given any patentable weight.
Referring to claim 18, Williamson discloses the trigger mechanism ( 50) comprises a retainer ( see Examiner Annotated Figure 3, sleeve at B) configured to prevent the trigger member moving from the second position to the first position.
Referring to claim 19, Williamson is capable of having a trigger pressure cycle, followed by the valve pressure cycle opens the fluid flow path (see paragraph 0052).
Referring to claim 21, William discloses the valve member (42.48) is a hydraulically actuatable piston.
Referring to claim 22, Williamson discloses the trigger member (50) is a hydraulically actuatable piston.
Referring to claim 23, Williamson discloses a downhole apparatus (see fig. 1) comprising the fluid control device of claim 1.
Claim(s) 1,6-7,11-12,15,17-23 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Greenan 20150041148.
Referring to claim 1, Greenan discloses (see Figure 2a) a fluid flow control device for a downhole apparatus, the device comprising: a body portion comprising a first fluid flow port ( entrance at 12 above valve ) and a second fluid flow port ( 54); a fluid flow path ( along element 12) from the first fluid flow port to the second fluid flow port; and a valve member (46) located in the fluid flow path and configured to be movable from a first, closed position in which the fluid flow path is blocked by the valve member (see fig. 2a), and a second, open position in which the fluid flow path is open (fig. 2b); a trigger mechanism ( 111) operable, by moving a trigger member from a first position to a second position, to convert the valve member from a secured state, in which the valve member cannot be moved (see fig. 2a), and an unsecured state (see fig. 2b), in which the valve member can be moved wherein the valve member is configured to be movable from the first, closed position to the second, open position in response to a valve pressure cycle comprising: application of a positive differential pressure from the first flow port to the second flow port ( see paragraph 0019, increase pressure to shear bolt 50); and removal of the positive differential pressure (see paragraph 0019) , wherein the trigger member (111) is movable from the first trigger position to the second trigger position in response to a trigger pressure cycle (see paragraph 0024-0026).
Referring to claim 6, Greenan discloses the valve member (46) is configurable between a first, locked state (see fig. 2a), in which the valve member cannot be moved to the second, open state, and a second, unlocked state (see fig. 2b), in which the valve member can be moved to the second, open state.
Referring to claim 7, Greenan discloses the valve member (46) includes a valve biasing mechanism (52) configured to bias the valve member towards the second, open position.
Referring to claim 11, Greenan discloses the trigger member (111) is movable from the first position to an intermediate position (see paragraph 0025) and movable from the intermediate position to the second position ( see paragraph 0026).
Referring to claim 12, Greenan discloses the trigger member (111) is movable along a first trigger direction when moving from the first position to the intermediate position and movable along a second trigger direction when moving from the intermediate position to the second position (see paragraph 0025-0026).
Referring to claim 15, Greenan discloses the trigger member (111) is configured to be movable from a first, locked state (figure 3a), to a second, unlocked state (figure 3c).
Referring to claim 17, Greenan discloses a trigger pressure cycle is capable of comprises application of a positive differential pressure from the first flow port to the second flow port and removal of the positive differential pressure ( see paragraph 0024-0026)
Referring to claim 18, Greenan discloses the trigger mechanism ( 111) comprises a retainer ( see paragraph 0026) configured to prevent the trigger member moving from the second position to the first position.
Referring to claim 19, Greenan disclose a trigger pressure cycle, followed by the valve pressure cycle opens the fluid flow path (see paragraph 0027).
Referring to claim 20, Greenan discloses the trigger member (111) includes a trigger biasing mechanism (131) configured to bias the trigger member towards the second position
Referring to claim 21, Greenan discloses the valve member (46) is a hydraulically actuatable piston.
Referring to claim 22, Greenan discloses the trigger member (111) is a hydraulically actuatable piston.
Referring to claim 23, Greenan discloses a downhole apparatus (see paragraph 0018) comprising the fluid control device of claim 1.
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) 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Williamson et al. 20120211241 in view of Themig et al. 20110100643 .
Referring to claim 24, Williamson discloses a method of operating a fluid flow control device, the method comprising the steps of: (i) providing a fluid flow control device (see fig. 1) for a downhole apparatus, the device comprising: a body portion comprising a first fluid flow port ( entrance into valve at 12) and a second fluid flow port (54) ;a fluid flow path ( along 12) from the first fluid flow port to the second fluid flow port; and a valve member (46) located in the fluid flow path and configured to be movable from a first, closed position (see fig. 2a) in which the fluid flow path is blocked by the valve member, and a second, open position (see fig. 2b) in which the fluid flow path is open; a trigger mechanism (111) operable, by moving a trigger member from a first position to a second position, to convert the valve member from a secured state, in which the valve member cannot be moved, and an unsecured state, in which the valve member can be moved; wherein the valve member is configured to be movable from the first, closed position to the second, open position in response to a valve pressure cycle comprising: see paragraph 0051, increase pressure to shear screw 66); and removal of the positive differential pressure (see paragraph 0052); the trigger member ( 50) is movable from the first trigger position to the second trigger position in response to a trigger pressure cycle ; arranging the first fluid flow port (at A) to receive fluid from a source of fluid ( fluid in tubing); arranging the second fluid flow port (46) to receive fluid from another source of fluid ( fluid in annulus at 28) and applying the valve pressure cycle to the valve member to move the valve member from the first, closed position to the second, open position (see paragraph 0052). Williamson does not disclose; applying the trigger pressure cycle to move the trigger member from the first trigger position to the second trigger position, to convert the valve member to the unsecured state. Themig teaches using differential pressure is another known method to move a sleeve to break a shear device (see paragraph 0041). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the method disclosed by Williamson to applying the trigger pressure cycle to move the trigger member from the first trigger position to the second trigger position in view of the teachings of Themig with a reasonable expectation of success as this is a mere substitution of one way of moving the trigger mechanism disclosed by Williamson for another method of moving the device.
Referring to claim 25, Williamson discloses a method of operating a fluid flow control device, the method comprising the steps of: (i) providing a fluid flow control device (see fig. 1) for a downhole apparatus, the device comprising: a body portion comprising a first fluid flow port ( entrance into valve at 12) and a second fluid flow port (54) ;a fluid flow path ( along 12) from the first fluid flow port to the second fluid flow port; and a valve member (46) located in the fluid flow path and configured to be movable from a first, closed position (see fig. 2a) in which the fluid flow path is blocked by the valve member, and a second, open position (see fig. 2b) in which the fluid flow path is open; a trigger mechanism (111) operable, by moving a trigger member from a first position to a second position, to convert the valve member from a secured state, in which the valve member cannot be moved, and an unsecured state, in which the valve member can be moved; wherein the valve member is configured to be movable from the first, closed position to the second, open position in response to a valve pressure cycle comprising: see paragraph 0051, increase pressure to shear screw 66); and removal of the positive differential pressure (see paragraph 0052); the trigger member ( 50) is movable from the first trigger position to the second trigger position in response to a trigger pressure cycle ; arranging the first fluid flow port (at A) to receive fluid from a first region of the downhole apparatus ( inside tubing); arranging the second fluid flow port (46) to receive fluid from another source of fluid to receive fluid from a second region of the downhole apparatus ( annulus 28 around the device) and applying the valve pressure cycle to the valve member to move the valve member from the first, closed position to the second, open position (see paragraph 0052). Williamson does not disclose; applying the trigger pressure cycle to move the trigger member from the first trigger position to the second trigger position, to convert the valve member to the unsecured state. Themig teaches using differential pressure is another known method to move a sleeve to break a shear device (see paragraph 0041). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the method disclosed by Williamson to applying the trigger pressure cycle to move the trigger member from the first trigger position to the second trigger position in view of the teachings of Themig with a reasonable expectation of success as this is a mere substitution of one way of moving the trigger mechanism disclosed by Williamson for another method of moving the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIOVANNA WRIGHT whose telephone number is (571)272-7027. The examiner can normally be reached M-F 8 am- 5 pm.
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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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/Giovanna Wright/ Primary Examiner, Art Unit 3672