Office Action 1: Non-Final Rejection (2025-02-03)
Rejection types: 103 - Obviousness, 112 - Written Description/Enablement, Double Patenting

CLAIMS:
WHAT IS CLAIMED IS:
1\. 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 production passageway within the manifold, 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 distal; 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.
2\. 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\. 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\. 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 a production passageway of the manifold and an extended position at which the distal end of the choke member protrudes into the production passageway to at least partially block the production passageway.
5\. 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\. 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\. 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 can move in first and second longitudinal axial directions along the internal bore of the choke mount.
8\. 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 a production passageway of the manifold and an extended position at which the distal end of the choke member protrudes into the production passageway to at least partially block the production passageway.
9\. 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\. 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\. 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\. 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\. 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 a production passageway of the manifold to at least partially block the 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 a production passageway.
14\. 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 production passageway within the manifold, 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 distal; 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 an oil or gas well manifold such that the choke mount surrounds or covers the choke passageway of the manifold, 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 a production passageway of the manifold and an extended position at which the distal end of the choke member protrudes into the production passageway to at least partially block the production passageway.
15\. 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\. 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\. 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\. 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\. 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\. 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:
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 1, 7, 13 and 14 are objected to because of the following informalities:
(claim 1, line 8) “a proximal end and a distal” should be changed to “a proximal end and a distal end”.
(claim 7, line 3) “cause the choke member can move” should be changed to “cause the choke member to move”.
(claim 13, line 9) “a production passageway” should be changed to “the production passageway”.
(claim 14, line 6) “a proximal end and a distal” should be changed to “a proximal end and a distal end”.
(claim 14, lines 10-11) “an oil or gas well manifold” should be changed to “the oil or gas well manifold”.
(claim 14, line 12) “choke member” should be changed to “the choke member”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA  35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art.  The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph:
(A)	the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B)	the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C)	the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.  Such claim limitation(s) is/are: “a drive mechanism” in claims 9 and 18, and “a biasing member” in claims 12 and 20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, applicant may:  (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA  as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,065,903.  Although the claims at issue are not identical, they are not patentably distinct from each other because the pending application presents claims covered by the parent patent.
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 (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 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.
Claims 1-4, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Babler (US 2022/0025733) alone.
As concerns claim 1, Babler shows a choke mechanism (200) for an oil or gas well manifold, comprising: a choke mount (212) configured to be attached to an exterior surface of an oil or gas well manifold (210) that includes a choke passageway that extends from the exterior surface to a passageway within the manifold (Fig. 9), 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 (Fig. 9); a choke member (102, 104) that is movably mounted in an internal bore of the choke mount, the choke member including a proximal end and a distal end (Fig. 9); and a choke actuator (204) 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 (Fig. 9).  Babler discloses the claimed invention except for wherein the choke mount 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 production passageway within the manifold.  It has been held that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.  If the prior art structure is capable of performing the intended use, then it meets the claim.
As concerns claim 2, Babler shows wherein internal threads (not labeled) are formed on the choke mount, wherein external threads (not labeled) 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 (Fig. 9; paragraph 0036).
As concerns claim 3, Babler shows wherein the choke actuator comprises a handle (204) 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 (Fig. 9).
As concerns claim 4, Babler shows 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 a production passageway of the manifold and an extended position at which the distal end of the choke member protrudes into the production passageway to at least partially block the production passageway (Fig. 9).
As concerns claim 14, Babler shows a choke mechanism (200) 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 passageway within the manifold (Fig. 9), the choke mechanism comprising: a choke mount (212) that is configured to be attached to the exterior surface of the manifold (210); a choke member (102, 104) that is movably mounted in an internal bore of the choke mount, the choke member including a proximal end and a distal end (Fig. 9); and a choke actuator (204) 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 (Fig. 9); and wherein when the choke mount is attached to the exterior surface of an 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 a passageway of the manifold and an extended position at which the distal end of the choke member protrudes into the passageway to at least partially block the passageway (Fig. 9).  Babler discloses the claimed invention except for wherein the choke mount 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 production passageway within the manifold.  It has been held that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.  If the prior art structure is capable of performing the intended use, then it meets the claim.
As concerns claim 15, Babler shows wherein internal threads (not labeled) are formed on the choke mount, wherein external threads (not labeled) 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 (204) 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 (Fig. 9; paragraph 0036).
Claims 5-9 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Babler as applied to claims 1 and 14 above, and further in view of McKeon et al. (US 2014/0020909).
As concerns claims 5 and 16, Babler discloses the claimed invention except for 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.  McKeon teaches wherein a choke actuator comprises a pneumatic or hydraulic actuator (242) that is operatively coupled to a proximal end of a choke member such that the pneumatic or hydraulic actuator can cause the choke member to move in a longitudinal axial direction along an internal bore of a choke mount (Fig. 3 & 5; paragraph 0024, 0028 & 0032).  One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Babler, as taught by McKeon, to include a pneumatic or hydraulic actuator for the expected benefit of replacing a manual activity while accomplishing the same result.  Thus, one of ordinary skill in the art would have recognized that using a pneumatic or hydraulic actuator to cause the choke member to move in the longitudinal axial direction along the internal bore of the choke mount would have provided predictable results and a reasonable expectation of success.  Therefore, the invention as a whole would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the expected result of this configuration improves versatility/adaptability/efficiency of the choke mechanism design.
As concerns claims 6 and 17, the combination teaches 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 (McKeon: Fig. 3 & 5).
As concerns claim 7, the combination teaches 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 (McKeon: Fig. 3 & 5).
As concerns claim 8, the combination teaches 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 a production passageway of the manifold and an extended position at which the distal end of the choke member protrudes into the production passageway to at least partially block the production passageway (McKeon: Fig. 3 & 5).
As concerns claims 9 and 18, Babler discloses the claimed invention except for 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.  McKeon teaches wherein a choke actuator comprises: an actuator housing (254) that is removably attached to a choke mount (Fig. 3 & 5); an electric motor (242) having a rotating shaft, the electric motor being mounted to the actuator housing (Fig. 3 & 5); and a drive mechanism (260) that is operatively coupled to the rotating shaft of the electric motor and a proximal end of a choke member such that the electric motor can cause the choke member to move in a longitudinal axial direction along an internal bore of the choke mount (Fig. 3 & 5; paragraph 0024, 0028 & 0032).  One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Babler, as taught by McKeon, to include an electric motor for the expected benefit of replacing a manual activity while accomplishing the same result.  Thus, one of ordinary skill in the art would have recognized that using an electric motor to cause the choke member to move in the longitudinal axial direction along the internal bore of the choke mount would have provided predictable results and a reasonable expectation of success.  Therefore, the invention as a whole would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the expected result of this configuration improves versatility/adaptability/efficiency of the choke mechanism design.
Allowable Subject Matter
Claims 10-13, 19 and 20 would be allowable if a terminal disclaimer was timely filed to overcome the nonstatutory double patenting rejection, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.


NEXT 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

CITED REFERENCE SUMMARIES: Ref US20140048282A1: Claims:
- 8 . (canceled)
A flow control device for installation in a subterranean wellbore, the flow control device comprising: an interior surface that defines an interior chamber, the interior surface includes a side perimeter surface and opposing end surfaces, a greatest distance between the opposing end surfaces is smaller than a largest dimension of the opposing end surfaces; a first port through one of the end surfaces; and a plurality of second ports through the interior surface and apart from the first port, each of the plurality of second ports having open first and second ends for allowing fluid flow therethrough, the first ends in fluid communication with the interior chamber and the second ends in fluid communication with a common fluid source, the side perimeter surface operable to direct flow from at least one of the plurality of second ports to rotate about the first port.
an interior surface that defines an interior chamber, the interior surface includes a side perimeter surface and opposing end surfaces, a greatest distance between the opposing end surfaces is smaller than a largest dimension of the opposing end surfaces;
a first port through one of the end surfaces; and
a plurality of second ports through the interior surface and apart from the first port, each of the plurality of second ports having open first and second ends for allowing fluid flow therethrough, the first ends in fluid communication with the interior chamber and the second ends in fluid communication with a common fluid source, the side perimeter surface operable to direct flow from at least one of the plurality of second ports to rotate about the first port.
The flow control device of claim 9 , wherein the first port comprises an outlet from the interior chamber and the plurality of second ports comprises a plurality of inlets to the interior chamber.
The flow control device of claim 10 , the plurality of inlets comprising a first inlet oriented to direct flow from the first inlet directly toward the outlet.
The flow control device of claim 10 , the plurality of inlets comprising a first inlet oriented to direct flow from the first inlet at an angle with respect to a direction from the first inlet to the outlet.
The flow control device of claim 10 , the plurality of inlets comprising: a first inlet oriented to direct flow at a first angle with respect to a direction from the first inlet to the outlet; and a second inlet oriented to direct flow at a second, different angle with respect to a direction from the second inlet to the outlet.
a first inlet oriented to direct flow at a first angle with respect to a direction from the first inlet to the outlet; and
a second inlet oriented to direct flow at a second, different angle with respect to a direction from the second inlet to the outlet.
A flow control device for installation in a subterranean wellbore, the flow control device comprising: a cylindroidal chamber for receiving inflow through a plurality of chamber inlets and directing the flow to a chamber outlet, a greatest axial dimension of the cylindroidal chamber is smaller than a greatest diametric dimension of the cylindroidal chamber, wherein the cylindroidal chamber promotes a rotation of the flow about the chamber outlet and autonomously varies a degree of the rotation is based on changes in a characteristic of fluid flow through at least one of the plurality of inlets.
a cylindroidal chamber for receiving inflow through a plurality of chamber inlets and directing the flow to a chamber outlet, a greatest axial dimension of the cylindroidal chamber is smaller than a greatest diametric dimension of the cylindroidal chamber, wherein the cylindroidal chamber promotes a rotation of the flow about the chamber outlet and autonomously varies a degree of the rotation is based on changes in a characteristic of fluid flow through at least one of the plurality of inlets.
The flow control device of claim 14 , wherein the degree of the rotation is based on a density of the inflow.
The flow control device of claim 14 , wherein the degree of the rotation is based on a viscosity of the inflow.
The flow control device of claim 15 , wherein the degree of the rotation is based on a velocity of the inflow.
The flow control device of claim 14 , wherein an increase in the degree of rotation increases a resistance to the flow between the interior and the exterior, and a decrease in the degree of rotation decreases a resistance to the flow between the interior and the exterior.
The flow control device of claim 14 , wherein the degree of the rotation is based in part on which of the plurality of inlets communicates a majority of the inflow into the cylindroidal chamber.
The flow control device of claim 14 , wherein the plurality of inlets are operable to direct the inflow into the cylindroidal chamber at multiple different angles.
A method of controlling flow in a subterranean wellbore, comprising: receiving flow in a cylindroidal chamber of a flow control device in a wellbore, the cylindroidal chamber comprising a plurality of chamber inlets, a greatest axial dimension of the cylindroidal chamber is smaller than a greatest diametric dimension of the cylindroidal chamber; and promoting a rotation of the flow through the cylindroidal chamber about a chamber outlet, where a degree of the rotation is based on a characteristic of inflow through at least one of the plurality of chamber inlets.
receiving flow in a cylindroidal chamber of a flow control device in a wellbore, the cylindroidal chamber comprising a plurality of chamber inlets, a greatest axial dimension of the cylindroidal chamber is smaller than a greatest diametric dimension of the cylindroidal chamber; and
promoting a rotation of the flow through the cylindroidal chamber about a chamber outlet, where a degree of the rotation is based on a characteristic of inflow through at least one of the plurality of chamber inlets.
The method of claim 21 , wherein promoting the rotation comprises increasing the degree of rotation based on a viscosity of the inflow.
The method of claim 21 , wherein promoting the rotation comprises increasing the degree of rotation based on a velocity of the inflow.
The method of claim 21 , wherein promoting the rotation comprises increasing the degree of rotation based on a density of the inflow.
The method of claim 21 , wherein the degree of the rotation is based in part on which of the plurality of inlets communicates a majority of the inflow into the cylindroidal chamber.
The method of claim 21 , wherein promoting the rotation comprises increasing the degree of rotation, and increasing the degree of rotation increases a resistance to the flow through the cylindroidal chamber.
Ref US20150361773A1: [content unavailable]
Ref US20200095851A1: Claims:
An inflow control device for a wellbore, comprising: a tubular base pipe having one or more through-openings for receiving production fluids within a wellbore; and a housing residing along an outer diameter of the tubular base pipe and covering the one or more through-openings, the housing comprising: a fluid inlet configured to receive production fluids from a subsurface formation; and a porous hydrophobic material positioned within the housing between the fluid inlet and the one or more through-openings, wherein: the hydrophobic material provides a network of pores, and the network of pores permits a flow of hydrocarbon fluids there through en route to the through-openings, but the hydrophobic material restricts the passage of aqueous fluids there through.
a tubular base pipe having one or more through-openings for receiving production fluids within a wellbore; and
a housing residing along an outer diameter of the tubular base pipe and covering the one or more through-openings, the housing comprising:
a fluid inlet configured to receive production fluids from a subsurface formation; and
a porous hydrophobic material positioned within the housing between the fluid inlet and the one or more through-openings, wherein:
the hydrophobic material provides a network of pores, and
the network of pores permits a flow of hydrocarbon fluids there through en route to the through-openings, but the hydrophobic material restricts the passage of aqueous fluids there through.
The inflow control device of claim 1 , wherein: the housing resides concentrically around a portion of the base pipe; and the hydrophobic material comprises silica, polytetrafluoroethylene, or combinations thereof.
the housing resides concentrically around a portion of the base pipe; and
the hydrophobic material comprises silica, polytetrafluoroethylene, or combinations thereof.
The inflow control device of claim 2 , wherein the hydrophobic material comprises a collection of individual particles, each particle having an outer diameter of between 50 Î¼m and 5 millimeters packed tightly together or fused using at least one of pressure, heat, chemical reaction, and combinations thereof
The inflow control device of claim 3 , wherein a core of the particles comprises graphene beads.
The inflow control device of claim 1 , wherein the hydrophobic material comprises a collection of individual particles, each particle being a spherical body comprising: an inner core; and a hydrophobic outer layer.
an inner core; and
a hydrophobic outer layer.
The inflow control device of claim 5 , wherein the inner core of each of the particles comprises a polymeric material.
The inflow control device of claim 5 , wherein the inner core of each of the particles is fabricated from ceramic, nano-fibers or nano-carbon reinforced polymer.
The inflow control device of claim 5 , wherein the outer layer of each of the particles comprises silica, polytetrafluoroethylene, or combinations thereof
The inflow control device of claim 1 , wherein: to the inlet of the inflow control device receives production fluids that have passed through a filter medium associated with a sand screen joint; and the base pipe is in fluid communication with a base pipe associated with the sand screen joint.
to the inlet of the inflow control device receives production fluids that have passed through a filter medium associated with a sand screen joint; and
the base pipe is in fluid communication with a base pipe associated with the sand screen joint.
The inflow control device of claim 1 , wherein: the housing of the inflow control device is a filter medium of a sand screen joint; the inlet of the inflow control device defines slots formed by the filter medium of the sand screen joint; the base pipe resides concentrically within the filter medium, forming an annular flow path between the base pipe and the surrounding filter medium; and the porous, hydrophobic material resides within the annular flow path.
the housing of the inflow control device is a filter medium of a sand screen joint;
the inlet of the inflow control device defines slots formed by the filter medium of the sand screen joint;
the base pipe resides concentrically within the filter medium, forming an annular flow path between the base pipe and the surrounding filter medium; and
the porous, hydrophobic material resides within the annular flow path.
The inflow control device of claim 10 , wherein the sand screen joint comprises a wire-wrapped screen or a slotted ceramic screen around the base pipe.
A method for completing a wellbore in a subsurface formation, the method comprising: providing an inflow control device, comprising: a tubular base pipe having one or more through-openings for receiving production fluids within a wellbore; and a housing residing along an outer diameter of the tubular base pipe and covering the one or more through-openings, the housing comprising: a fluid inlet configured to receive production fluids from a subsurface formation; and a hydrophobic material positioned within the housing between the fluid inlet and the one or more through-openings, wherein: the hydrophobic material provides a network of pores, and the network of pores permits a flow of hydrocarbon fluids there through en route to the through-openings of the base pipe, but the hydrophobic material restricts the passage of aqueous fluids there through; operatively connecting a first end of the tubular base pipe with an end of a production tubular; and running the production tubular and connected the inflow control device into a wellbore.
providing an inflow control device, comprising:
a hydrophobic material positioned within the housing between the fluid inlet and the one or more through-openings, wherein:
the network of pores permits a flow of hydrocarbon fluids there through en route to the through-openings of the base pipe, but the hydrophobic material restricts the passage of aqueous fluids there through;
operatively connecting a first end of the tubular base pipe with an end of a production tubular; and
running the production tubular and connected the inflow control device into a wellbore.
The method of claim 12 , wherein: the housing resides concentrically around a portion of the base pipe; and the hydrophobic material comprises silica, polytetrafluoroethylene, or combinations thereof.
The method of claim 13 , wherein the hydrophobic material comprises a collection of individual particles, each particle having an outer diameter of between 50 Î¼m and 1,000 Î¼m.
The method of claim 14 , wherein the particles comprise graphene beads.
The method of claim 13 , wherein: the production tubular is a joint of sand screen; running the sand screen joint and connected inflow control device into a wellbore comprises placing the sand screen joint and connected inflow control device into a wellbore in a horizontal leg of the wellbore.
the production tubular is a joint of sand screen;
running the sand screen joint and connected inflow control device into a wellbore comprises placing the sand screen joint and connected inflow control device into a wellbore in a horizontal leg of the wellbore.
The method of claim 16 , further comprising: producing hydrocarbon fluids in commercially viable quantities from the wellbore.
producing hydrocarbon fluids in commercially viable quantities from the wellbore.
The method of claim 13 , wherein each particle has an outer diameter of between 50 Î¼m and five millimeters packed tightly together or fused using pressure, using heat, or both.
The method of claim 13 , wherein the hydrophobic material comprises a collection of individual particles, each particle being a spherical body comprising: an inner core; and an outer hydrophobic layer.
an outer hydrophobic layer.
The method of claim 19 , wherein each of the particles comprises a porous graphite carbon (PGC) material wherein the inner core is comprised of amorphous carbon, while the outer layer comprises shell comprised of graphitic carbon.
The method of claim 19 , wherein the inner core comprises a polymeric material.
The method of claim 13 , wherein: the inlet of the inflow control device receives production fluids that have passed through a filter medium associated with a sand screen joint; and the base pipe is in fluid communication with a base pipe associated with the sand screen joint.
the inlet of the inflow control device receives production fluids that have passed through a filter medium associated with a sand screen joint; and
The method of claim 13 , wherein: the housing of the inflow control device is a filter medium of a sand screen joint; the inlet of the inflow control device defines slots formed by the filter medium of the sand screen joint; the base pipe resides concentrically within the filter medium, forming an annular flow path between the base pipe and the surrounding filter medium; and the hydrophobic material resides within the annular flow path.
the hydrophobic material resides within the annular flow path.
Ref US20210180440A1: Claims:
A well completion, comprising: a wellbore comprising a production tubing positioned within the wellbore, the production tubing having a surface end proximate a surface region and a subsurface end proximate a subsurface region, the production tubing conveying a portion of a production fluid from the subsurface region to the surface region; a fractionation system positioned within the wellbore on the subsurface end of the production tubing proximate to a production region of the wellbore, the fractionation system comprising: a permeable hydrophobic media for preferentially conveying at least the first portion of the production fluid from the production region into the production tubing; and a permeable oleophobic media for preferentially conveying at least a second portion of the production fluid from the production region into a second flow path; wherein the permeable hydrophobic media and the permeable oleophobic media are in simultaneous hydraulic communication with the production region; wherein the permeable hydrophobic media is manufactured to provide a relatively high effective permeability to oil, whereby the first portion of the production fluid comprises an oil-enriched stream that flows through the permeable hydrophobic media into the production tubing and is conveyed to the surface region; and wherein the permeable oleophobic media is manufactured to provide a relatively high effective permeability to water, whereby the second portion of the production fluid comprises a water-enriched stream that flows through the permeable oleophobic media into the second flow path for disposing of the water-enriched stream.
a wellbore comprising a production tubing positioned within the wellbore, the production tubing having a surface end proximate a surface region and a subsurface end proximate a subsurface region, the production tubing conveying a portion of a production fluid from the subsurface region to the surface region;
a fractionation system positioned within the wellbore on the subsurface end of the production tubing proximate to a production region of the wellbore, the fractionation system comprising: a permeable hydrophobic media for preferentially conveying at least the first portion of the production fluid from the production region into the production tubing; and a permeable oleophobic media for preferentially conveying at least a second portion of the production fluid from the production region into a second flow path; wherein the permeable hydrophobic media and the permeable oleophobic media are in simultaneous hydraulic communication with the production region; wherein the permeable hydrophobic media is manufactured to provide a relatively high effective permeability to oil, whereby the first portion of the production fluid comprises an oil-enriched stream that flows through the permeable hydrophobic media into the production tubing and is conveyed to the surface region; and wherein the permeable oleophobic media is manufactured to provide a relatively high effective permeability to water, whereby the second portion of the production fluid comprises a water-enriched stream that flows through the permeable oleophobic media into the second flow path for disposing of the water-enriched stream.
a permeable hydrophobic media for preferentially conveying at least the first portion of the production fluid from the production region into the production tubing; and
a permeable oleophobic media for preferentially conveying at least a second portion of the production fluid from the production region into a second flow path;
wherein the permeable hydrophobic media and the permeable oleophobic media are in simultaneous hydraulic communication with the production region;
wherein the permeable hydrophobic media is manufactured to provide a relatively high effective permeability to oil, whereby the first portion of the production fluid comprises an oil-enriched stream that flows through the permeable hydrophobic media into the production tubing and is conveyed to the surface region; and
wherein the permeable oleophobic media i
[Truncated to input limit]