Ex Parte Guelaz et al

Patent Trials and Appeals Board

Mar 21, 2019

14000806 - (D) (P.T.A.B. Mar. 21, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO.
14/000,806
92297 7590
Conley Rose P.C
P.O.Box 3267
Houston, TX 77253
FILING DATE FIRST NAMED INVENTOR
11/01/2013 Rachid Guelaz
03/25/2019
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
3314-49100M 3243
EXAMINER
HARCOURT, BRAD
ART UNIT PAPER NUMBER
3674
NOTIFICATION DATE DELIVERY MODE
03/25/2019 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
pathou@conleyrose.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte RACHID GUELAZ, YV AN BOUDEY,
VINCENT BUCHOUD, and FRANCOIS MILLET
Appeal2017-006967
Application 14/000,806 1
Technology Center 3600
Before MICHAEL C. ASTORINO, PHILIP J. HOFFMANN, and
CYNTHIA L. MURPHY, Administrative Patent Judges.
ASTORINO, Administrative Patent Judge.
DECISION ON APPEAL
Pursuant to 35 U.S.C. § 134(a), the Appellants appeal from the
Examiner's decision rejecting claims 16-34. We have jurisdiction over the
appeal under 35 U.S.C. § 6(b ). An oral hearing was held on March 19,
2019.
We REVERSE.
1 According to the Appellants, "[t]he real party in interest in the present
application is ... Vallourec Drilling Products France." Br. 1.
Appeal2017-006967
Application 14/000,806
STATEMENT OF THE CASE
Claimed Subject Matter
Claim 16, the sole independent claim, is representative of the subject
matter on appeal and reproduced below.
16. An assembly of at least two tubular drill string components
for drilling a hole with movement of a drilling fluid, comprising:
a first tubular component comprising a first end including
a first threading;
a second tubular component comprising a second end
including a second threading configured to cooperate with the
first threading in a coupled state; and
an electromagnetic coupler comprising a first coupling
element for mounting on a first support element disposed at the
first end and a second coupling element for mounting on a second
support element disposed at the second end;
the first coupling element comprising a first annular body
formed at least in part from a high magnetic permeability
material which houses a first conductive winding within an open
cross-section;
the second coupling element comprising a second annular
body formed at least in part from a high magnetic permeability
material which houses a second conductive winding within an
open cross-section;
the first body and the second body having complementary
shapes such that when two support elements respectively
receiving the first coupling element and the second coupling
element are coupled, the first body and the second body form a
structure enclosing the first conductive winding and the second
conductive winding;
the first conductive winding and the second conductive
winding being respectively positioned in the first body and in the
second body such that respective surfaces of the first conductive
winding and the second conductive winding are substantially
parallel when two support elements respectively receiving the
first coupling element and the second coupling element are
coupled.
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Appeal2017-006967
Application 14/000,806
Rejections
Claims 16-20, 22, 24, and 28-34 are rejected under pre-AIA
35 U.S.C. § I02(b) as being anticipated by Boyle et al. (US 6,866,306 B2,
iss. Mar. 15, 2005) ("Boyle").
Claims 21, 25, and 26 are rejected under pre-AIA 35 U.S.C. § I03(a)
as being unpatentable over Boyle.
Claims 23 and 27 are rejected under pre-AIA 35 U.S.C. § I03(a) as
being unpatentable over Boyle and Hall et al. (US 6,670,880 Bl, iss.
Dec. 30, 2003) ("Hall").
ANALYSIS
Independent claim 16 calls for an assembly including a first tubular
component and a second tubular component. Br., Claims App. A first
support element is disposed at the first tubular component's first end, and a
second support element is disposed at the second tubular component's
second end. See id. The assembly of claim 16 also includes an
electromagnetic coupler having a first coupling element with a first annular
body, and a second coupling element with a second annular body. See id.
The first and second annular bodies house conductive windings within an
open cross-section. See id. Additionally, claim 16 recites,
the first [annular] body and the second [annular] body
having complementary shapes such that when two support
elements respectively receiving the first coupling element and
the second coupling element are coupled, the first [annular] body
and the second [annular] body form a structure enclosing the first
conductive winding and the second conductive winding.
Id. ( emphasis added). It follows logically from the foregoing recitation of
claim 16 that the "open cross-section" cannot be enclosed before the first
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Appeal2017-006967
Application 14/000,806
annular body and second annular body form a structure. Otherwise, the first
annular body and the second annular body cannot form a structure that
encloses the first conductive winding and the second conductive winding.
The Examiner found that Boyle's "ring 31 comprises an 'L' shaped
open section defined by groove 37 and surfaces 35 and 36 for holding the
windings 38," and "ring 51 comprises an 'L' shaped open section defined by
groove 57 and surfaces 55 and 56 for holding the windings 58." Final Act. 4
( emphasis omitted).
To the extent grooves 3 7, 5 7 of Boyle's rings 3 1, 51 each define a
L-shaped open cross-section, grooves 37, 57 help to enclose windings 38, 58
within coupler elements 21, 22. See Boyle Figs. 1, 2; Br. 4--5 ("[C]oupler
elements 21, 22 each have a body that encloses cores 31 and 51, which each
house coils 38 and 58."). Accordingly, we fail to understand how each of
grooves 37, 57 have an "open cross-section" as required by claim 16.
Further, we appreciate the Examiner's position that Boyle's Figure 3
shows the L-shape of cores 31, 51 open due to the open space between
windings 38, 58. See Ans. 2. However, as the Appellants point out, "FIG. 3
is an expanded cross section view of mated elements of the embodiment of
FIG. 1 showing magnetic flux loop crossing the gap between the two cores"
and "omits part of the bodies that separate cores 31, 51 by obscuring them
with the magnetic flux loop." Br. 4 (emphasis omitted) (citing Boyle, col. 3,
11. 36-38).
Thus, we do not sustain the Examiner's rejection of independent
claim 16 and dependent claims 17-20, 22, 24, and 28-34 as anticipated by
Boyle.
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Application 14/000,806
The remaining rejections, based on Boyle alone or in combination
with Hall, rely on the same deficiency as discussed above. The deficiency is
not cured by the additional findings and reasoning of the remaining
rejections. Thus, we do not sustain the rejections of: dependent claims 21,
25, and 26 as unpatentable over Boyle; and dependent claims 23 and 27 as
unpatentable over Boyle and Hall.
DECISION
We REVERSE the Examiner's decision rejecting claims 16-34.
REVERSED
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