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 .
Claim Objections
Claims 9, 18 are objected to because of the following informalities:
Claims 9, 18 include, or depend from claims that include, the limitation(s): "wherein the lower bypass nipple and the upper bypass nipple has multiple radial directed opening disposed therein”. This appears to be a scrivener’s error and should read “wherein the lower bypass nipple and the upper bypass nipple have multiple radial directed openings disposed therein.”
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 1-9, 11-20 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 1-9, 11-20 include, or depend from claims that include, the limitation(s): "… a lower bypass nipple supported by a lower end of the tubing anchor and to permit gas to pass from outside of a bottom hole assembly (BHA) to between the first and second bypass tubes and the tubing anchor; and an upper bypass nipple supported by an upper end of the tubing anchor to permit the gas to pass from between the first and second bypass tubes and the tubing anchor to back outside of the BHA.”
It is unclear what structure is required by the limitation(s) “to permit gas to pass from outside of a bottom hole assembly (BHA) to between the first and second bypass tubes and the tubing anchor” or “to permit the gas to pass from between the first and second bypass tubes and the tubing anchor to back outside of the BHA.”
It is unclear what structural component(s) is/are configured to “permit gas to pass”. It is unclear if the structure that permits the gas to pass is the nipple, tubing anchor, bypass tube(s), the BHA, and/or some unknown and unclaimed structure. It is unclear what specific structure and specific structural relationship between the claimed components is required by the claims.
Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claims 3, 13 include, or depend from claims that include, the limitation(s): "the bypass tubing”; there is insufficient antecedent basis for this limitation in the claim. It is unclear if the limitation “bypass tubing” refers to the first bypass tube, the second bypass tube, both bypass tubes, or some additional and structurally distinct bypass tubing (e.g. a third bypass tube).
Clarification and/or correction are required. No new matter may be entered. The claims will be read and examined as best understood.
Claim Interpretation
Claim 20 includes the limitation “capillary tubing”. The specification does not describe or define capillary tubing. The term will be read consistent with industry use of the term. (e.g. See Mtsco Capillary Tubing Strings: Functions, Applications, Installation and design: Definition - Capillary Tubing Strings are composed of multiple precision tubes with outer diameters typically ranging from 0.5-6mm. They are made of corrosion-resistant materials such as austenitic, duplex steel, or nickel alloy, and can achieve fine fluid control at small diameters. They have compressive properties.;
See Whiteman (US 20200270975): “in a typical application the capillary tubing 1010 may have an inner diameter between 10 mm to 30 mm”
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) 10 is/are, as best understood, rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frost (US 20220397019).
Regarding claim 10, Frost teaches: A method of recovering gas from an oil and gas well, the method comprising: positioning a bypass tool (Frost Fig. 1) at a desired location in a well; and pumping a gas (Frost 24) through the bypass tool.
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) 1-9, 11-18 is/are, as best understood, rejected under 35 U.S.C. 103 as being unpatentable over Frost.
Regarding claim 1, Frost teaches: A bypass tool, the bypass tool comprising:
a bypass tubing (Frost 40) insertable through a tubing anchor (Frost 12);
a lower bypass nipple (Frost 42) supported by a lower end of the tubing anchor and to permit gas to pass from outside of a bottom hole assembly (BHA) (Frost comprising 42) to between the bypass tubing and the tubing anchor; and
an upper bypass nipple (Frost 46) supported by an upper end of the tubing anchor to permit the gas to pass from between (Frost near 24) the bypass tubing and the tubing anchor to back outside of the BHA.
But does not expressly state: the bypass tubing comprises a first bypass tube and a second bypass tube insertable through the tubing anchor; and to permit gas to pass from outside the BHA to between the first and second bypass tubes and the tubing anchor and to back outside of the BHA.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Frost to include multiple parallel bypass tubes in order to provide redundancy in the event one bypass tube becomes clogged, and/or to allow the operator to customize the tool for the specific environmental characteristics (e.g. pressure, temperature, formation type, fluid types, fluid characteristics, etc.) and desired flow dynamics (e.g. flow rate, pressure drop, flow velocity, etc.). Additionally, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art and mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
Regarding claim 2, Frost teaches: The bypass tool of claim 1 wherein the first and second bypass tubes are in fluid communication with a downhole tool (Frost 50) disposed below the bypass tool in the BHA and an uphole tool (Frost reciprocating rod pump, not shown [0009]) disposed above the bypass tool in the BHA.
Regarding claim 3, Frost teaches: The bypass tool of claim 1 wherein the lower bypass nipple has a passageway (Frost near 40/42) disposed therein to permit at least a portion of the bypass tubing to extend therethrough.
Regarding claim 4, Frost teaches: The bypass tool of claim 1 wherein the upper bypass nipple has a passageway (Frost near 40/46) disposed therein to permit at least a portion of the bypass tubes to extend therethrough.
Regarding claim 5, Frost teaches: The bypass tool of claim 1 wherein the lower bypass nipple has a radial directed opening (Frost 34) therein to permit the gas to pass from outside the BHA to between the bypass tubes and the tubing anchor.
Regarding claim 6, Frost teaches: The bypass tool of claim 5 wherein the upper bypass nipple has a radial directed (Frost 32) opening therein to permit the gas to pass from between the bypass tubes and the tubing anchor to back outside of the BHA.
Regarding claim 7, Frost teaches: The bypass tool of claim 1 further comprising an uphole transition plate (Frost 56) to permit fluid flowing through the first and second bypass tubes to flow into a downhole tool in the BHA disposed uphole from the tubing anchor and prevent gases and fluids outside of the first and second bypass tubes and inside the tubing anchor to flow into the downhole tool disposed uphole from the tubing anchor.
Regarding claim 8, Frost teaches: The bypass tool of claim 1 further comprising a downhole transition plate (Frost 54) to permit fluid flowing from a second downhole tool (Frost comprising at least one of 52/48) in the BHA disposed downhole from the tubing anchor to flow into the first and second bypass tubes and prevent those fluids from flowing outside of the first and second bypass tubes into the tubing anchor.
Regarding claim 9, Frost teaches: The bypass tool of claim 6 wherein the lower bypass nipple and the upper bypass nipple has multiple radial directed opening (Frost near at least one of 32/34/36) disposed therein.
Regarding claim 11, Frost teaches: The method of claim 10 wherein the bypass tool comprises:
a bypass tubing (Frost 40) insertable through a tubing anchor (Frost 12);
a lower bypass nipple (Frost 42) supported by a lower end of the tubing anchor and to permit gas to pass from outside of a bottom hole assembly (BHA) (Frost comprising 42) to between the bypass tubing and the tubing anchor; and
an upper bypass nipple (Frost 46) supported by an upper end of the tubing anchor to permit the gas to pass from between (Frost near 24) the bypass tubing and the tubing anchor to back outside of the BHA.
But does not expressly state: the bypass tubing comprises a first bypass tube and a second bypass tube insertable through the tubing anchor; and to permit gas to pass from outside the BHA to between the first and second bypass tubes and the tubing anchor and to back outside of the BHA.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Frost to include multiple parallel bypass tubes in order to provide redundancy in the event one bypass tube becomes clogged, and/or to allow the operator to customize the tool for the specific environmental characteristics (e.g. pressure, temperature, formation type, fluid types, fluid characteristics, etc.) and desired flow dynamics (e.g. flow rate, pressure drop, flow velocity, etc.). Additionally, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art and mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
Regarding claim 12, Frost teaches: The method of claim 11 wherein the first and second bypass tubes are in fluid communication with a downhole tool (Frost 50) disposed below the bypass tool in the BHA and an uphole tool (Frost reciprocating rod pump, not shown [0009]) disposed above the bypass tool in the BHA.
Regarding claim 13, Frost teaches: The method of claim 11 wherein the lower bypass nipple has a first passageway (Frost near 40/42) disposed therein to permit at least a portion of the bypass tubing to extend therethrough and the upper bypass nipple has a second passageway (Frost near 40/46) disposed therein to permit at least a portion of the bypass tubes to extend therethrough.
Regarding claim 14, Frost teaches: The method of claim 11 wherein the lower bypass nipple has a radial directed opening (Frost 34) therein to permit the gas to pass from outside the BHA to between the bypass tubes and the tubing anchor.
Regarding claim 15, Frost teaches: The method of claim 14 wherein the upper bypass nipple has a radial directed opening (Frost 32) therein to permit the gas to pass from between the bypass tubes and the tubing anchor to back outside of the BHA.
Regarding claim 16, Frost teaches: The method of claim 11 further comprising an uphole transition plate (Frost 56) to permit fluid flowing through the first and second bypass tubes to flow into a downhole tool (Frost reciprocating rod pump, not shown [0009]) in the BHA disposed uphole from the tubing anchor and prevent gases and fluids outside of the first and second bypass tubes and inside the tubing anchor to flow into the downhole tool disposed uphole from the tubing anchor.
Regarding claim 17, Frost teaches: The method of claim 11 further comprising a downhole transition plate (Frost 54) to permit fluid flowing from a second downhole tool (Frost comprising at least one of 52/48) in the BHA disposed downhole from the tubing anchor to flow into the first and second bypass tubes and prevent those fluids from flowing outside of the first and second bypass tubes into the tubing anchor.
Regarding claim 18, Frost teaches: The method of claim 15 wherein the lower bypass nipple and the upper bypass nipple has multiple radial directed opening (Frost near at least one of 32/34/36) disposed therein.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frost in view of Haley (US 20180045027).
Regarding claim 19, Frost teaches: The method of claim 11 but does not expressly state: further comprising running flexible equipment through at least part of the bypass tool to extend the flexible equipment to a part of the well disposed downhole from the tubing anchor.
Haley teaches running (Haley [0106-0108]) flexible equipment through at least part of the bypass tool (Haley production tubing; [0107-0108]) to extend the flexible equipment to a part of the well disposed downhole from the tubing anchor.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Frost to include running capillary tubing through the production string in order to allow the operator to deliver a treatment agent along the production string, including to the production string intake located below the anchor, reducing the surface tension and hydrostatic pressure in the production tubing or the casing and allowing for unloading and improved production rates of fluids from the producing zone(s) of the reservoir. (Haley [0104-0106])
Regarding claim 20, the combination of Frost and Haley teaches: The method of claim 19 wherein the flexible tubing is capillary tubing used to deliver (Haley [0106-0108]) treatment fluids downhole from the tubing anchor.
Prior Art
The following prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Tausch (US 2776013) teaches a downhole assembly comprising a production string, a bypass tubing positioned within the production string a lower bypass nipple configured to permit gas to pass from outside of a bottom hole assembly (BHA) to an annulus; and an upper bypass nipple configured to permit the gas to pass from the annulus to back outside of the BHA.
Stephenson (US 20110042097) teaches a downhole assembly comprising bypass tubing and a bypass formed in the annulus between the bypass tubing and a tubing anchor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Carroll whose telephone number is (571)272-4808. The examiner can normally be reached M-F 2:00-10:00 PM EDT.
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/David Carroll/ Primary Examiner, Art Unit 3674
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