DETAILED CORRESPONDENCE
Claims 1-7 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 .
Drawings
The drawings are objected to because reference numeral 72 is in the specification but does not appear 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.
Claim Objections
Claim3 is objected to because of the following informalities: the term “diverter” should be “disperser”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Mashburn (US20030150616) [Mashburn616], in view of Mashburn et al. (US20060213667) [Mashburn667].
Claim 1 Masburn616 discloses an apparatus [Figs. 1-8,12; abstract; para. 0007,0008,0010], comprising:
a flange 40 comprising a longitudinal bore, an external tapered shoulder 52 adapted to engage a mating internal shoulder [e.g., the “cavity”; para. 0036] within a tubular 74, and an internal shoulder 50 [Figs. 2A-3; para. 0036,0039];
a retrieval element at least 3 [Figs. 1,2B,2,C3; para. 0033] disposed within said flange, said retrieval element comprising a bore 12 therethrough, an exterior shoulder [proximate 11; Fig. 1] dimensioned to rest against said internal shoulder of said flange [Figs. 2B,2C,3], and an internal profile 15,16 suitable for engagement by a fishing tool [Figs. 1,2C,7; para. 0033,0044];
a shear element 58,62 connecting said flange and said retrieval element , when said retrieval element is seated within said flange [Figs. 2A-2C,8; para. 0036-0038,0044];
a filter chamber comprising an elongated cylinder comprising openings 178 in a wall 176 thereof [Fig. 12; para. 0032,0050,0010],
wherein said filter chamber is connected to a downhole end proximate 32 of said retrieval element by a connection [any “conventional means”; Fig. 12; para. 0034,0050],
wherein said apparatus comprises an uphole end and a downhole end, whereby fluids may flow through said apparatus from said uphole end toward said downhole end [Fig. 3; para. 0017,0038].
Mashburn616 further discloses that various types of screens may be used [para. 0017,0050], and otherwise discloses all the limitations of this claim, but does not explicitly disclose that the connection is releasable nor threaded.
Mashburn667 discloses a seated retrieval element 3, very similar to that of Mashburn616, to which a filter chamber/screen 2 is connected using threads 8 [Figs. 1A,1B; para. 0034].
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have configured the apparatus and methods of Mashburn616 to attach the filter chamber/screen to the retrieval element using threads, as disclosed by Mashburn667, and suggested by Mashburn616 when indicating that any conventional means of connection could be used. One of ordinary skill in the art would reasonably have expected that this combination of prior art elements and techniques would have been within the skill of the art and would successfully yield and achieve the expected and predictable result that the reliable and releasable thread connection would provide a releasable connection.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Mashburn616, in view of Mashburn667, and further in view of Romero et al. (US20200087996) [Romero].
Claim 2 Mashburn616, as modified, otherwise discloses all the limitations of this claim, but does not explicitly disclose that said filter chamber further comprises a plurality of diffuser blades positioned in said elongated cylinder, said diffuser blades extending into a bore of said elongated cylinder and oriented longitudinally in said bore.
For a seated mounting member 4 to which a filter chamber/screen 2, with openings 9, is connected [Figs. 1,2; para. 0042], Romero discloses a filter chamber having a plurality 14,15 of diffuser blades 7,12,13 positioned in an elongated cylinder 6, said diffuser blades extending into a bore of said elongated cylinder and oriented longitudinally in said bore [Figs. 3-6; para. 0042,0044].
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have configured the apparatus and methods of Mashburn616, as modified, to include the claimed diffuser blades within the filter chamber, the chamber configured according to Romero, as disclosed for analogous purposes by Romero. One of ordinary skill in the art would reasonably have expected that this combination of prior art elements and techniques would have been within the skill of the art and would successfully yield and achieve the expected and predictable result that solids separation would be enhanced.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Mashburn616, in view of Mashburn667 and Romero, and further in view of Hrupp et al. (US20190377992) [Hrupp].
Claim 3 Mashburn616, as modified, otherwise discloses all the limitations of this claim, but does not explicitly disclose a flow disperser cone element comprising a cone at an uphole end thereof, said flow disperser cone element positioned within said elongated cylinder, said diverter cone oriented so that an apex of said cone points toward said uphole end of said apparatus.
Hrupp discloses routing a solids-laden fluid in a downhole direction such that the fluid encounters a diverter cone body 35 [Fig. 3,2,5; para. 0036], which diverts at least the solids out elongated slots 32 in a tubular 30, the downhole end surface of said elongated slots being angled in a downhole direction, from an inner wall to an outer wall of the tubular [Figs. 3,2,5; para. 0033-0035].
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have configured the apparatus and methods of Mashburn616, as modified, to include a diverter cone in the filter chamber/screen for diverting at least the solids through elongated slots configured to be angled in a downhole direction, as disclosed by Hrupp. One of ordinary skill in the art would reasonably have expected that this combination of prior art elements and techniques would have been within the skill of the art and would yield and achieve the predictable result that separation would be enhanced. NOTE: In the interest of compact prosecution the examiner suggests that the applicant’s attorney of record contact the examiner with regard to this claim 3 concerning amendments that would overcome this rejection. In this regard, note the reasons for allowance in the parent application, 18/100,905.
Claim 4 Mashburn616, as modified with respect to claim 3, discloses that said openings form elongated slots in said wall of said cylinder, and that a downhole end surface of said elongated slots is angled in a downhole direction, from an inner wall to an outer wall of said cylinder [slots Romero 9, as modified at claim 3 by Hrupp].
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Mashburn616, in view of Mashburn667, Romero, and Hrupp, and further in view of Fishbeck et al. (US20100243258) [Fishbeck]
Claim 5 Mashburn616, as modified with respect to claim 4, otherwise discloses all the limitations of this claim, but does not explicitly disclose a magnet mandrel releasably attached to a downhole end of said filter chamber by a threaded connection.
Fishbeck discloses a debris catcher 200 and a magnet mandrel 213 having an upper end 217 attached to a downhole end of the Fishbeck debris catcher 200 [Figs. 3A-6; para. 0025-0028,0035], and, as discussed at claim 1 above, further discloses a cylindrical, ported member 203 is threadably [thus releasably] attached to an uphole sub 201 [Fig. 3A; para. 0021].
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have configured the apparatus and methods of Mashburn616, as modified, to attach a magnet mandrel, of the type disclosed by Fishbeck, beneath the filter chamber/screen to catch metallic debris in an annulus between the tubular/carrier sub and such mandrel, as disclosed by Fishbeck, as well as, to attach the magnet mandrel to such filter chamber/screen using a threaded connection, Fishbeck disclosing releasably and threadably connecting adjoining debris catcher tool components. One of ordinary skill in the art would reasonably have expected that this combination of prior art elements and techniques would have been within the skill of the art and would yield and achieve the predictable result that means to so remove metallic debris (1) would be positioned such that such debris would pass in the annulus between the magnet mandrel and the filter chamber/screen, and (2) would be releasably attached for, e.g., cleaning and/or other maintenance.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Mashburn616, in view of Mashburn667, Romero, Hrupp, and Fishbeck, and further in view of Ryan (US6176311).
Claim 6 Mashburn616, as modified with respect to claim 5, discloses that said magnet mandrel comprises a center core Fishbeck 401 comprising a plurality of slots therein, a plurality of magnets, and a nonmagnetic outer sleeve Fishbeck 403 disposed over said center core and said magnets, retaining said magnets in place [Fishbeck Fig. 4; Fishbeck para. 0026], and further discloses that the magnets Fishbeck 218 may be circular disks positioned in circular depressions [e.g., resulting from the press-fitting; Fishbeck para. 0027] in the magnet mandrel, and that other shapes, sizes and types of magnets can be used [Fishbeck para. 0027] and further discloses that “other shapes may be used, for example, magnetic bars, sleeves, etc.” [Fishbeck para. 0026; thus disclosing a non-circular magnet, e.g., the referenced bar, such that press-fitting the bar magnet in the core would position each bar magnet in a slot], and otherwise discloses all the limitations of this claim, but does not explicitly disclose that the magnets are disposed in a plurality of slots.
For an apparatus A used to catch debris, e.g., cuttings, Ryan discloses inner structure having a magnet 88 in a slot in a sub 86 [Figs. 1-4; col. 4, lines 10-15].
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have configured the apparatus and methods of Mashburn616, as modified, to position, as claimed, the Fishbeck magnets in slots on the center core within the outer sleeve, as disclosed for analogous purposes by Ryan. One of ordinary skill in the art would reasonably have expected that this combination of prior art elements and techniques would have been within the skill of the art and would yield and achieve the predictable result that debris retrieval would be further enhanced by the additional positioning of magnets.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Mashburn616, in view of Mashburn667, Romero, Hrupp, Fishbeck, and Ryan, and further in view of Carmichael et al. (US6655462) [Carmichael].
Claim 7 Mashburn616, as modified with respect to claim 6 discloses an end cap/connector attached to a downhole end of said magnet mandrel, said connector holding said outer sleeve Fishbeck 403 in place [connects the core and sleeve; Fishbeck 405; Fishbeck Fig. 4], and otherwise discloses all the limitations of this claim, but does not explicitly disclose the connector being dimensioned so as to provide a centralizing function to said apparatus within a borehole.
Carmichael discloses a magnetic well cleaning apparatus having a magnet mandrel 2 having magnets 5 in slots with a cover sleeve 7 and a connector 4 which connects at least the sleeve and the mandrel, the connector being dimensioned so as to provide a centralizing function to said magnet mandrel within a borehole [Fig. 1; col. 2, line 53 – col. 3, line 11, col. 1, lines 49-59, col. 2, lines 1-9].
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have configured the apparatus and methods of Mashburn616, as modified, to include a connector, such as that of Carmichael, in lieu of, or in addition to the connector Fishbeck 405. One of ordinary skill in the art would reasonably have expected that this combination of prior art elements and techniques would have been within the skill of the art and would yield and achieve the predictable result that the stabilizing dimensions of the Carmichael connector would likewise provide a centralizing function to the Mashburn616 apparatus, as modified.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Beimgraben (US4495073) discloses a flange with external and internal shoulders [Figs. 1,2]. Ryan (US6176311) discloses a magnet mandrel 86 and suggests positioning it downhole from other debris removal apparatus that have removed larger cuttings (Fig. 4; col. 4, lines 10-15). Latos et al. (US6138757) discloses a diverter cone 3 [Fig. 1A]. Atkins (US20210115746) discloses a magnet mandrel 200 having magnets 218 in slots 216 [Figs. 5A-5B]. Wilson et al. (US20150675799) discloses a downhole debris retriever having a pressure relief mechanism 265 [Figs. 3A-3D; para. 0018,0044]. Broussard (US20140116681) discloses a filter screen 2 positioned in a carrier sub 4 [Fig. 1; para. 0012].
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
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