Office Action 2: Notice of Allowance (2025-04-14)

CLAIMS:
AMENDMENTS TO THE CLAIMS:

This listing of claims will replace all prior versions, and listings, of claims in the application:

1\. (Currently Amended) A choke mechanism for an oil or gas well manifold, comprising:a choke mount configured to be attached to an exterior surface of an oil or gas well manifold that includes a choke passageway that extends from the exterior surface to a straight production passageway within the manifold, a longitudinal axis of the choke passageway being perpendicular to a longitudinal axis of the straight production passageway, wherein the choke mount is configured to be attached to the exterior surface of the manifold such that the choke mount surrounds or covers the choke passageway;
a choke member that is movably mounted in an internal bore of the choke mount, the choke member including a proximal end and a distalend; and
a choke actuator coupled to the proximal end of the choke member, wherein the choke actuator can be used to cause the choke member to move in a longitudinal axial direction along the internal bore of the choke mount such that the distal end of the choke member moves in a direction perpendicular to the longitudinal axis of the straight production passageway and into the straight production passageway.

2\. (Original) The choke mechanism of claim 1, wherein internal threads are formed on the choke mount, wherein external threads are formed on the choke member, and wherein the internal and external threads are used to movably mount the choke member to the choke mount such that rotation of the choke member relative to the choke mount causes the choke member to move in the longitudinal axial direction along the internal bore of the choke mount.

3\. (Original) The choke mechanism of claim 2, wherein the choke actuator comprises a handle attached to the proximal end of the choke member, wherein the handle can be used to cause the choke member to rotate relative to the choke mount.

4\. (Currently Amended) The choke mechanism of claim 1, wherein when the choke mount is attached to an exterior surface of a manifold of an oil or gas well such that the choke member is received in a choke passageway of the manifold, the choke actuator can be used to cause the choke member to move along the choke passageway between a retracted position at which the distal end of the choke member does not substantially protrude into the straighta production passageway of the manifold and an extended position at which the distal end of the choke member protrudes into the straight production passageway to at least partially block the straight production passageway.

5\. (Original) The choke mechanism of claim 1, wherein the choke actuator comprises a pneumatic or hydraulic actuator that is operatively coupled to the proximal end of the choke member such that the pneumatic or hydraulic actuator can cause the choke member to move in the longitudinal axial direction along the internal bore of the choke mount.

6\. (Original) The choke mechanism of claim 5, wherein the pneumatic or hydraulic actuator comprises an actuator member that moves in an axial direction, the choke actuator further comprising:an actuator housing that is removably attached to the choke mount, wherein the pneumatic or hydraulic actuator is attached to the actuator housing; and
a coupling that attaches the actuator member to the proximal end of the choke member such that axial movement of the actuator member causes the choke member to move in the longitudinal axial direction along the internal bore of the choke mount.

7\. (Currently Amended) The choke mechanism of claim 6, wherein the pneumatic or hydraulic actuator is configured to cause the actuator member to move in first and second axial directions such that the actuator member can cause the choke member to move in first and second longitudinal axial directions along the internal bore of the choke mount.

8\. (Currently Amended) The choke mechanism of claim 5, wherein when the choke mount is attached to an exterior surface of a manifold of an oil or gas well such that the choke member is received in a choke passageway of the manifold, the pneumatic or hydraulic actuator can be

used to cause the choke member to move along the choke passageway between a retracted position at which the distal end of the choke member does not substantially protrude into the straighta production passageway of the manifold and an extended position at which the distal end of the choke member protrudes into the straight production passageway to at least partially block the straight production passageway.

9\. (Original) The choke mechanism of claim 1, wherein the choke actuator comprises:an actuator housing that is removably attached to the choke mount;
an electric motor having a rotating shaft, the electric motor being mounted to the actuator housing; and
a drive mechanism that is operatively coupled to the rotating shaft of the electric motor and the proximal end of the choke member such that the electric motor can cause the choke member to move in the longitudinal axial direction along the internal bore of the choke mount.

10\. (Original) The choke mechanism of claim 9, wherein the drive mechanism comprises a cam attached to the rotating shaft of the electric motor, wherein the cam is operatively coupled to the proximal end of the choke member such that rotation of the cam by the electric motor causes the choke member to move in the longitudinal axial direction along the internal bore of the choke mount.

11\. (Original) The choke mechanism of claim 10, wherein the drive mechanism further comprises a cam follower that is interposed between the cam and the proximal end of the choke member.

12\. (Original) The choke mechanism of claim 10, wherein rotation of the cam by the electric motor causes the choke member to move in a first longitudinal axial direction along the internal bore of the choke mount, the choke actuator further comprising a biasing member mounted on the actuator housing and operatively coupled to the choke member such that the biasing member urges the choke member in a second longitudinal axial direction along the internal bore of the choke mount, the second longitudinal axial direction being opposite the first longitudinal axial direction.

13\. (Currently Amended) The choke mechanism of claim 12, wherein when the choke mount is attached to an exterior surface of a manifold of an oil or gas well such that the choke member is received in a choke passageway of the manifold, the electric motor can be used to cause the choke member to move in the first longitudinal axial direction along the choke passageway to an extended position at which the distal end of the choke member protrudes into the straighta production passageway of the manifold to at least partially block the straight production passageway, and wherein the biasing member can cause the choke member to move in the second longitudinal axial direction along the choke passageway to a retracted position at which the distal end of the choke member does not substantially protrude into the straighta production passageway.

14\. (Currently Amended) A choke mechanism configured to be attached to an exterior surface of an oil or gas well manifold that includes a choke passageway that extends from the exterior surface of the manifold to a straight production passageway within the manifold longitudinal axis of the choke passageway being perpendicular to a longitudinal axis of the straight production passageway, the choke mechanism comprising:a choke mount that is configured to be attached to the exterior surface of the manifold;
a choke member that is movably mounted in an internal bore of the choke mount, the choke member including a proximal end and a distalend; and
a choke actuator coupled to the proximal end of the choke member, wherein the choke actuator can be used to cause the choke member to move in a longitudinal axial direction along the internal bore of the choke mount; and
wherein when the choke mount is attached to the exterior surface of thean oil or gas well manifold such that the choke mount surrounds or covers the choke passageway of the manifold,the choke member is located in the choke passageway of the manifold, and wherein the choke member can move in the longitudinal axial direction between a retracted position at which the distal end of the choke member does not substantially protrude into the straighta production passageway of the manifold and an extended position at which the distal end of the choke member protrudes into the straight production passageway to at least partially block the straight production passageway.

15\. (Original) The choke mechanism of claim 14, wherein internal threads are formed on the choke mount, wherein external threads are formed on the choke member, and wherein the internal and external threads are used to movably mount the choke member to the choke mount such that rotation of the choke member relative to the choke mount causes the choke member to move in the longitudinal axial direction along the internal bore of the choke mount, wherein the choke actuator comprises a handle attached to the proximal end of the choke member, and wherein the handle can be used to cause the choke member to rotate relative to the choke mount.

16\. (Original) The choke mechanism of claim 14, wherein the choke actuator comprises a pneumatic or hydraulic actuator that is operatively coupled to the proximal end of the choke member such that the pneumatic or hydraulic actuator can cause the choke member to move in the longitudinal axial direction along the internal bore of the choke mount.

17\. (Original) The choke mechanism of claim 16, wherein the pneumatic or hydraulic actuator comprises an actuator member that moves in an axial direction, the choke actuator further comprising:an actuator housing that is removably attached to the choke mount, wherein the pneumatic or hydraulic actuator is attached to the actuator housing; and
a coupling that attaches the actuator member to the proximal end of the choke member such that axial movement of the actuator member causes the choke member to move in the longitudinal axial direction along the internal bore of the choke mount.

18\. (Original) The choke mechanism of claim 14, wherein the choke actuator comprises:an actuator housing that is removably attached to the choke mount;
an electric motor having a rotating shaft, the electric motor being mounted to the actuator housing; and
a drive mechanism that is operatively coupled to the rotating shaft of the electric motor and the proximal end of the choke member such that the electric motor can cause the choke member to move in the longitudinal axial direction along the internal bore of the choke mount.

19\. (Original) The choke mechanism of claim 18, wherein the drive mechanism comprises a cam attached to the rotating shaft of the electric motor, wherein the cam is operatively coupled to the proximal end of the choke member such that rotation of the cam by the electric motor causes the choke member to move in the longitudinal axial direction along the internal bore of the choke mount.

20\. (Original) The choke mechanism of claim 19, wherein rotation of the cam by the electric motor causes the choke member to move in a first longitudinal axial direction along the internal bore of the choke mount, the choke actuator further comprising a biasing member mounted on the actuator housing and operatively coupled to the choke member such that the biasing member urges the choke member in a second longitudinal axial direction along the internal bore of the choke mount, the second longitudinal axial direction being opposite the first longitudinal axial direction.

OFFICE ACTION:
EXAMINER'S COMMENT
In response to applicant’s remark that a terminal disclaimer was filed with the response, the examiner respectfully disagrees.  It does not appear that a terminal disclaimer was filed with the response.  Please submit a terminal disclaimer to overcome the nonstatutory double patenting rejection.
Conclusion

APPLICANT REBUTTAL: REMARKS/ARGUMENTSClaims 1-20 are pending in the application. By this Amendment, claims 1, 4, 7, 8, 13 and 14 are amended. Applicant requests reconsideration and withdrawal of the rejections in view of the foregoing amendments and the following remarks.I.    Allowable Subject Matter The Office Action indicates that claims 10-13, 19 and 20 recite allowable subject matter.Applicant acknowledges the indication of allowable subject matter with appreciation. Because Applicant believes all claims are now allowable, Applicant respectfully declines to rewrite claims 10-13, 19 and 20 in independent form at the present time.II.   Formal Matters The Office Action objects to claims 1, 7, 13 and 14 because of a variety of informalities appearing in these claims. By this Amendment, claims 1, 7, 13 and 14 are amended to obviate the objections. Applicant requests withdrawal of the objections.III. Double Patenting The Office Action rejects claims 1-20 on the grounds of nonstatutory double patenting over claims 1-16 of U.S. Patent No. 12,065,903 (the '903 Patent). Applicant is filing herewith a Terminal Disclaimer with respect to the '903 Patent. Accordingly, Applicant requests withdrawal of the double patenting rejection.IV. Claims 1-4, 14 and 15 Are Allowable Over Babler The Office Action rejects claims 1-4, 14 and 15 under 35 U.S.C. §103 over U.S. Patent Publication No. 2022/0025733 to Babler (hereinafter, "Babler"). For the reasons explained below, Applicant requests withdrawal of the rejection.A.    Claims 1-4 Independent claim 1 is directed to a choke mechanism for an oil or gas well manifold.Claim 1 recites a choke mount configured to be attached to an exterior surface of an oil or gas well manifold. Claim 1 recites that the manifold includes a choke passageway that extends from the exterior surface to a straight production passageway within the manifold. Claim 1 also recites that a longitudinal axis of the choke passageway is perpendicular to a longitudinal axis of the straight production passageway. Claim 1 recites that the choke mount is configured to be attached to the exterior surface of the manifold such that the choke mount surrounds or covers the choke passageway. Claim 1 then recites that the choke mechanism includes a choke member that is movably mounted in an internal bore of the choke mount, the choke member including a proximal end and a distal end. Claim 1 further recites a choke actuator coupled to the proximal end of the choke member. Claim 1 recites that the choke actuator can be used to cause the choke member to move in a longitudinal axial direction along the internal bore of the choke mount such that the distal end of the choke member moves in a direction perpendicular to the longitudinal axis of the straight production passageway and into the straight production passageway.Figures 1-4 of the present application disclose the type of oil and gas well manifold that the claimed choke mechanism is configured to be mounted upon. As shown in these figures, the manifold includes a central passageway 116 that extends up the central vertical axis of the manifold. The central passageway receives oil and gas from a well, as well as a plunger that travels up from the well. A straight production passageway 118 extends horizontally from the vertical central passageway 116 to a first side of the manifold. A production pipe that leads to a storage tank would be attached to the first side 114 of the manifold to receive oil and gas supplied through the straight production passageway 118.The cross-sectional views in Figures 4, 9 and 13 illustrate that a choke passageway 113 in the manifold extends horizontally from the front face of the manifold to the production passageway 118. A longitudinal axis of the horizontal choke passageway 113 is perpendicular to the horizontal longitudinal axis of the production passageway 118.As illustrated in Figure 4, a choke mechanism as recited in claim 1 is mounted to the front surface of the manifold. Specifically, a choke mount 145 is mounted to the front face of the manifold such that choke mount 145 covers the choke passageway 113 in the manifold. A choke member 147 of the choke mechanism is movably mounted in an internal bore of the choke mount 145. A choke actuator in the form of the handle 146 is coupled to the proximal end of the choke member 147, and the choke actuator 146 can be used (rotated) to cause the choke member 147 to move in the longitudinal axial direction along the internal bore of the choke mount 145 so that the distal end of the choke member moves in a direction perpendicular to the longitudinal axis of the straight production passageway 118 and into the straight production passageway 118.Babler discloses a choke assembly that is configured to be connected between an outlet of an oil or gas well manifold and a production pipe that leads to a storage tank. The manifold and production pipe are not shown in Babler. However, one of skill in this art would know that the flange on the bottom of the choke assembly depicted in Figures 9 and 10 of Babler would be connected to a manifold of an oil or gas well. The flange on the right side of the choke assembly would be connected to a pipe leading to a storage tank. Alternatively, those connections could be reversed so that the flange on the side of the choke assembly is connected to an oil or gas well manifold and the flange on the bottom of the Babler choke mechanism is connected to a pipe leading to a storage tank. When oil or gas from the manifold is supplied into one of the passageways, the choke mechanism limits the flow of oil and gas out of the other of the passageways.Claim 1 recites a choke mechanism with a choke mount that is configured to be attached to an exterior surface of an oil or gas well manifold that includes a choke passageway that extends from the exterior surface to a straight production passageway within the manifold.Because Babler fails to disclose any details whatsoever about a manifold for an oil and gas well, Babler necessarily fails to disclose a choke mechanism with a choke mount that is configured to be attached to an exterior surface of an oil or gas well manifold that includes a choke passageway within the manifold, let alone a choke passageway having a longitudinal axis that is perpendicular to a longitudinal axis of a production passageway within the manifold, as recited in claim 1.Moreover, Babler necessarily cannot disclose a choke mechanism with a choke member and a choke actuator that can be used to cause the choke member to move in a longitudinal axial direction along the internal bore of the choke mount such that the distal end of the choke member moves in a direction perpendicular to the longitudinal axis of the straight production passageway and into the straight production passageway (that is located within the manifold). In short, nothing in Babler could be considered a choke member that is configured to move in a direction perpendicular to the longitudinal axis of a straight production passageway within an oil and gas well manifold such that a distal end of the choke member move into a straight production passageway within an oil or gas well manifold. All parts of the Babler choke mechanism are are and remain external to the manifold to which it is attached.Applicant respectfully submits that no person of ordinary skill in the art would consider the housing of Babler's choke mechanism to be a manifold for an oil or gas well. It is clear that the Babler choke mechanism is configured to be attached to a separate oil or gas well manifold.However, if one improperly considers the housing of Babler's choke mechanism to be a part of a manifold for an oil and gas well, it is still impossible to read the language of claim 1 upon the Babler structure.For example, claim 1 recites that the manifold includes a straight production passageway and a choke passageway, where the longitudinal axis of the choke passageway is perpendicular to the longitudinal axis of the straight production passageway. Claim 1 also recites that the choke mount is configured to be attached to the exterior surface of the manifold such that the choke mount surrounds or covers the choke passageway. Given those limitations, the vertically extending passageway of the Babler assembly would have to correspond to the choke passageway. This also means that the horizontally extending passageway in the Babler assembly would have to correspond to the production passageway. The body 212 would have to correspond to the choke mount recited in claim 1, the stem body 102 and tip 104 would have to correspond to the choke member of claim 1, and the handle 204 would have to correspond to the choke actuator of claim 1.Claim 1 recites that the choke actuator can be used to cause the choke member to move in a longitudinal direction along the internal bore of the choke mount such that the distal end of the choke member moves into the straight production passageway. In the Babler choke assembly the tip 104 of the choke member never moves into the straight production passageway, which in Babler must be the horizontal passageway. Thus, even when one improperly considers the housing of Babler's choke mechanism to be a part of an oil or gas well manifold, it is impossible to read the language of claim 1 on Babler's assembly.For all the above reasons, Applicant respectfully submits that claim 1 is allowable over Babler. Claims 2-4 depend from claim 1 and are allowable over Babler for the same reasons, and for the additional features which they recite.B.    Claims 14 and 15 Claim 14 also is directed to a choke mechanism configured to be attached to an exterior surface of an oil or gas well manifold that includes a choke passageway that extends from the exterior surface of the manifold to a straight production passageway within the manifold. Like claim 1, claim 14 recites that a longitudinal axis of the choke passageway in the manifold is perpendicular to a longitudinal axis of the straight production passageway. Claim 14 recites a choke mount that is configured to be attached to the exterior surface of the manifold. Claim 14 also recites a choke member that is movably mounted in an internal bore of the choke mount, the choke member including a proximal end and a distal end. Claim 14 further recites a choke actuator coupled to the proximal end of the choke member, wherein the choke actuator can be used to cause the choke member to move in a longitudinal axial direction along the internal bore of the choke mount. Claim 14 also recites that when the choke mount is attached to the exterior surface of the oil or gas well manifold such that the choke mount surrounds or covers the choke passageway of the manifold, the choke member is located in the choke passageway of the manifold, and that the choke member can move in the longitudinal axial direction between a retracted position at which the distal end of the choke member does not substantially protrude into the straight production passageway of the manifold and an extended position at which the distal end of the choke member protrudes into the straight production passageway to at least partially block the straight production passageway.Here again, Babler does not disclose a manifold for an oil or gas well having the features recited in claim 14. Also, even if one improperly interprets the housing of Babler's choke mechanism to be a part of an oil or gas well manifold, the language of claim 14 cannot be read on the structure of Babler's choke mechanism for substantially the same reasons as claim 1.Accordingly, Applicant respectfully submits that claim 14 is allowable over Babler for substantially the same reasons as claim 1. Claim 15 depends from claim 14 and is allowable for the same reasons, and for the additional features which it recites.In view of all of the foregoing, Applicant requests withdrawal of the rejection of claims 1-4, 14 and 15 over Babler.V.    Claims 5-9 and 16-18 Are Allowable Over Babler and McKeon The Office Action rejects claims 5-9 and 16-18 under 35 U.S.C. §103 over Babler, in view of U.S. Patent Publication No. 2014/0020909 to McKeon (hereainfter, "McKeon"). For the reasons explained below, Applicant requests withdrawal of the rejection.Claims 5-9 depend from claim 1 and claims 16-18 depend from claim 14. As explained above, Babler fails to disclose or suggest all the features of claims 1 and 14. McKeon fails to cure the deficiencies of Babler.McKeon discloses another choke mechanism that is highly similar to the one disclosed in Babler. The main difference being that the horizontal and vertical passageways and the valve stem are reversed in McKeon as compared to Babler. That said, McKeon also fails to disclose an oil or gas well manifold having the features recited in claims 1 and 14. And even if one improperly interprets the housing of the McKeon choke mechanism to be a part of a oil or gas well manifold (which it is not), it is impossible to read the language of claims 1 and 14 on the structure of the McKeon choke mechanism.Because McKeon fails to cure the deficiencies of Babler noted above for claims 1 and 14, and because claims 5-9 and 16-18 depend from claims 1 and 14, respectively, Applicant respectfully submits that claims 5-9 and 16-18 are allowable over Babler and McKeon for all the reasons discussed above, and for the additional features which they recite. Accordingly, Applicant requests withdrawal of the rejection of claims 5-9 and 16-18 over Babler and McKeon.VI.   Conclusion Applicant respectfully submits that the application is in condition for allowance. If the Examiner believes that additional changes would place the application in better condition for allowance, the Examiner is invited to contact the undersigned at the telephone number listed below.The Commissioner is hereby authorized to charge any deficiency, or credit any overpayment, in the fee(s) filed, or asserted to be filed, or which should have been filed herewith (or with any paper hereafter filed in this application by this firm) to Deposit Account No.506974.Respectfully submitted, FisherBroyles, LLP Date: 03/13/2025