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DOUGLAS E. SMITH, Ph.D.
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`1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` FLOTEK INDUSTRIES, INC., TURBECO, INC. and
` TELEDRIFT COMPANY,
` Petitioners,
` v.
` NATIONAL OILWELL DHT, L.P.,
` Patent Owner.
`
` Case IPR2015-01239
` Patent 6,508,317 B2
`
`********************************************************
` ORAL DEPOSITION of DOUGLAS E. SMITH, Ph.D.
` VOLUME 1 of 1
` January 14, 2016
`
`********************************************************
`
`ORAL DEPOSITION of DOUGLAS E. SMITH, Ph.D., produced at
`the instance of the Patent Owner, and duly sworn, was
`taken in the above-styled and numbered cause on the 14th
`day of January, 2016, from 12:44 p.m. until 3:27 p.m.,
`before Brenda Ringuet, CSR, in and for the State of
`Texas, reported by stenographic machine, at the offices
`of Novak Druce + Quigg LLP, Wells Fargo Plaza, 1000
`Louisiana Street, 53rd Floor, Houston, Harris County,
`Texas.
`
` TAXABLE COST: __________
` PAID BY: _______________
` TBA NO.: _______________
` JOB NUMBER: ____________
`
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`Ross Reporting Services, Inc.
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`281-484-0770
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` NOV
`Exhibit 2015
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`

`
`DOUGLAS E. SMITH, Ph.D.
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`2
`
` INDEX
`
` PAGE
`APPEARANCES ................................ 3
`PRELIMINARY PROCEEDINGS .................... 4
`
`DOUGLAS E. SMITH, Ph.D.
` Examination by Mr. McAughan ........... 4
` Examination by Mr. Levine ............. 77
`
`CORRECTION PAGE ............................ 79
`REPORTER'S CERTIFICATION ................... 80
`
`
`
` EXHIBITS
` Marked
`Exhibit at
`Number Description Page
` 2000 Notice of Deposition of *
` Dr. Douglas E. Smith
` 2001 F. B. Nelson Patent 39
` 2002 Hand-drawn Diagram 55
` 2003 (Marked and then withdrawn by 59
` Mr. McAughan)
`
` * Exhibit Number 2000 was marked prior
` to the commencement of the deposition.
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`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

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`DOUGLAS E. SMITH, Ph.D.
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`3
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` A-P-P-E-A-R-A-N-C-E-S
`
` COUNSEL FOR PETITIONER:
` MR. AARON M. LEVINE
` - and -
` MR. JAMES MURPHY
` NOVAK DRUCE + QUIGG LLP
` 1000 LOUISIANA STREET, 53RD FLOOR
` HOUSTON, TEXAS 77002
`
` COUNSEL FOR PATENT OWNER:
` MR. ROBERT McAUGHAN
` TBA NO. 24013141
` SUTTON McAUGHAN DEAVER, PLLC
` THREE RIVERWAY,SUITE 900
` HOUSTON, TEXAS 77056
` - and -
` MS. JL JENNIE SALAZAR
` JL SALAZAR LAW FIRM
` 1934 WEST GRAY, SUITE 401
` HOUSTON, TEXAS 77019-4828
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`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

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`DOUGLAS E. SMITH, Ph.D.
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` PRELIMINARY PROCEEDINGS
` MR. McAUGHAN: Great. We're beginning the
`deposition of Dr. Douglas E. Smith in IPR Case Number
`IPR2015-01239 concerning U.S. Patent Number 6,508,317.
` DOUGLAS E. SMITH, Ph.D.,
`having been first duly sworn, testified on his oath
`as follows:
` EXAMINATION
`BY MR. McAUGHAN:
` Q. Dr. Smith, I placed before you what we've
`previously marked as NOV Exhibit 2000; and it is a
`deposition notice that on its face references
`IPR2015-01239 concerning U.S. Patent Number 6,508,317.
`And you understand you're here to provide deposition
`testimony in that IPR proceeding?
` A. Yes, I do.
` Q. And can you also confirm that you're the same
`Dr. Douglas E. Smith who submitted a declaration in
`support of Flotek's petition for interparties' review of
`U.S. Patent Number 6,508,317?
` A. Yes, I am.
` Q. I would like for you to turn in the stack of
`documents in front of you to what was previously marked
`as Flotek Exhibit Number 1009.
` MR. LEVINE: Sorry. While he's doing that,
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

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`DOUGLAS E. SMITH, Ph.D.
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`just noting that the location of the notice says the
`offices of Sutton McAughan; but we're actually at Novak
`Druce Connolly Bove + Quigg.
` MR. McAUGHAN: Right, the parties have
`agreed to have the deposition at Novak Druce's offices in
`Houston, Texas.
` Q. (BY MR. McAUGHAN) Now, have you seen Exhibit
`1009, which is a copy of U.S. Patent Number 3,216,514 to
`Nelson?
` A. Yes, I have.
` Q. And, in general, what does that patent relate
`to?
` A. Downhole drilling device.
` Q. And prior to IPR proceeding you're involved with
`in which this deposition is taken, what kind of work have
`you done with downhole drilling devices?
` A. Very little.
` Q. And what do you mean by that?
` A. I -- it's very little to none. I was a
`committee member on a thesis of a graduate student who
`had done some work on a downhole drilling apparatus.
` Q. Prior to your work on this IPR, had you ever
`done any development work concerning any rotary drilling
`devices or downhole devices?
` A. No, I did not.
`
`Ross Reporting Services, Inc.
`
`281-484-0770
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` NOV
`Exhibit 2015
`
`

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`DOUGLAS E. SMITH, Ph.D.
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` Q. Had you written any papers or co-written any
`publications concerning downhole drilling devices?
` A. No, I have not.
` Q. Have you ever had any work experience involving
`downhole drilling devices?
` A. No, I have not.
` Q. Now, I've limited my questions before to
`drilling devices. Have you done any work in connection
`with any type of downhole tool?
` A. No, I have not, other than what I just
`mentioned.
` Q. And have you authored any publications or done
`any research in connection with downhole tools?
` A. No, I have not.
` Q. In general, what do you understand the subject
`matter of the Nelson patent to be?
` MR. LEVINE: Objection.
` A. Yeah, can you clarify that?
` Q. (BY MR. McAUGHAN) Sure. You've had an
`opportunity to review Nelson and look at the claims of
`the Nelson patent, correct?
` A. Yes, I have.
` Q. And what do you understand it is that Nelson
`thinks he invented?
` MR. LEVINE: Objection.
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
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` A. I mean, he describes it as a downhole -- or
`rotary drilling apparatus.
` Q. (BY MR. McAUGHAN) And this downhole apparatus
`of Nelson relies on the flow of fluid through the
`apparatus for its operation, correct?
` A. Could you clarify that?
` Q. Sure. Does the drilling apparatus of Nelson
`require the flow of fluid through the apparatus to
`operate?
` MR. LEVINE: Objection.
` A. And what do you mean by "operate"?
` Q. (BY MR. McAUGHAN) Well, I guess, first: Do you
`understand that the drilling apparatus of Nelson performs
`some function?
` A. Yes.
` Q. What function is that?
` A. It's a downhole drilling device, specifically a
`drill bit, that serves the purpose of creating
`downhole -- drilling downhole.
` Q. Okay. Based on your reading of the patent, can
`you explain how you understand the apparatus of Nelson
`actually performs a drilling operation?
` A. The drill bit that's identified, basically, in
`Figure 1 is attached to the -- a drill string at its
`bottom end. The drill string is intended to turn axially
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
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`as mud or drilling fluid is pumped through the inlet.
`When the drill bit makes contact with the bottom of the
`hole, the rotors there that are Items 30 make contact
`with the hole; and as the drill bit is turned, the -- so
`does Items 30, which then, in turn, causes a valve to
`turn -- a valve member to turn, which is identified here
`as 38, such that as fluid is pumped through the device,
`the valve then changes the flow rate of the fluid as it
`exits the bottom of 38, creating a pulsing action that
`has several effects, possible effects, one effect being a
`relief of pressure between the drilling fluid and the
`bottom of the hole. Another effect is a water hammer
`effect; and, finally, another effect is the pulsing
`action would then create a means or a way to help flush
`particles that have been removed from the bottom of the
`hole up alongside the pipe.
` Q. Okay. Let me make sure I understand your
`answer. When you say that the fluid flow creates a
`relief of pressure at the bottom, what are you referring
`to?
` A. Well, I didn't say the fluid flow creates a
`relief of pressure but the fluid itself has a pressure
`and that by opening and closing the valve and, therefore,
`changing the velocity, changing the pressure, the fluid
`that's beneath the valve changes pressure and provides
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
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`some relief.
` Q. You mentioned that the device also provides
`something with a water hammer effect. What did you mean
`by that?
` A. As the fluid flowing down the tube and into the
`bit assembly that's here -- as it has a velocity
`associated with it, when that velocity changes, it
`results then in a change of pressure. I believe it's
`called the Jowaski (sic) Effect. That change of
`pressure then acting on surfaces in the bit create a
`pulse, or a force, not unlike when you are watering your
`yard with a hose and you release the nozzle and you feel
`the pulse as the fluid stops.
` Q. And, finally, you indicated that the device
`provides a pulsing action to flush -- to create a
`flushing operation. What did you mean by that?
` A. Well, fluid flowing through, if it were just
`continuous without ever stopping or changing, would also
`flush particles. Nelson claims that by creating a pulse
`or a change in velocity, therefore, a change in pressure,
`actually it has been found or it's claimed to be in
`certain situations, some situations, to be more
`advantageous in actually getting particles or rock
`formation beneath the bit to break loose and then be
`flushed up alongside the tube.
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
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` Q. Now, I believe you indicated that you thought
`that the Nelson reference disclosed a valve. Is that
`correct?
` A. Yes, I do.
` Q. What components do you believe make up the valve
`disclosed in the Nelson patent?
` A. Yeah --
` MR. LEVINE: Objection.
` A. -- in my -- I got to get the -- in my -- not my
`deposition -- I don't know why I can't --
` Q. (BY MR. McAUGHAN) Let me see. I think you're
`referring to your declaration.
` A. Yes, my declaration.
` Q. Great.
` A. Yeah.
` Q. Let me put in front of you what's been
`previously marked --
` A. Great.
` Q. -- as Flotek Exhibit 1002; and this is a copy of
`a declaration that you signed in this case, correct?
` A. Yes, uh-huh. It looks like it, yeah.
` Q. Now, with that in front of you, can you indicate
`to me what elements in the Nelson patent you believe
`constitute the valve that you find disclosed in that
`reference?
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
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` A. Yeah, so in the declaration, I describe this;
`and I can go ahead and tell you here. As in a valve, we
`would find two members, one that moves relative to the
`other and, in this case, also, openings in the members
`that become aligned and disaligned -- or more aligned and
`less aligned. So, if I look at this in terms of a valve,
`the two members would be -- one is the Item 38, which is
`the rotating member in this case; and as you can see in
`Figure 1 and also in Figure 2 -- well, actually, more in
`Figure 2, that that Rotating Member 38 has some arcuate
`slots. The other member, which would be considered the
`stationary member -- and here I use that term to indicate
`its motion relative to 38. After all, this is intended
`to be at the end of a downhole pipe that is also
`rotating, so if we were sitting on the pipe, rather than
`sitting in the ground.
` But actually looking at this from a datum of
`the pipe, then Item 20, 14 -- or, actually, Item 14,
`which is the housing that is made in such a way to have
`flow passageways -- a flow passageway coming in, 20, and
`then other are flow passageways that are directly at the
`valve mechanism or the moving parts; that's Passageways
`18. So, Passageways 18 are stationary; Passageways 40
`rotate with 38. That relative rotation causes Openings
`18 to become more or less aligned with Openings 40 and,
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
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`thus, creating a valve that opens and closes or becomes
`more opened and more closed with rotation.
` Q. So, one of the elements of the valve you believe
`exist in Nelson is the Element 38 that you indicated has
`arcuate slots, correct?
` A. Uh-huh, yes.
` MR. LEVINE: Objection.
` Q. (BY MR. McAUGHAN) And are those arcuate slots
`the slots identified by the Numeral 40 in Figure 2?
` A. Figure 2 shows Plate 38; and, also, as I
`mentioned in my declaration, Arcuate Slots 40 are part of
`that valve.
` Q. The patent identifies those elements as Arcuate
`Openings 40, correct?
` A. I would have to look, if you want to wait for a
`second, if I -- to see what he actually calls them.
` Q. I direct your attention to Column 3 of the
`Nelson patent, approximately Lines 37 and 38.
` A. It looks like Line 38, it says "is provided with
`Arcuate Openings 40."
` Q. And then the other element of the valve you
`identified as being the Main Body 14; is that correct?
` MR. LEVINE: Objection.
` A. Well, the other part -- which I'm not sure what
`you -- can you clarify what you mean by the other part?
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
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` Q. (BY MR. McAUGHAN) Sure. I believe you
`indicated the valve of Nelson, in your mind, had two
`components. Correct?
` A. Yes.
` Q. And one of those you identified as the Element
`38.
` A. Yes.
` Q. What was the other component you identified?
` MR. LEVINE: Objection.
` A. The other -- there's two components that I see
`in Nelson that form the valve, Rotating Component 38,
`which is rotating with respect to what would be
`considered fixed -- fixed only in that if I'm sitting on
`the downhole tool -- the Drill 14 that is made into it,
`the Passageways 18. They're kind of a combined unit.
` Q. (BY MR. McAUGHAN) The Passageways 18, what is
`the shape of those passageways?
` A. I don't know that. I don't believe he says what
`they are.
` Q. Now, positioned within the Passageways 18 of
`Nelson are what he identifies as Choke Members 42,
`correct?
` A. He does describe Choke Members 42 as being an
`optional element in the Passageways 18.
` Q. And do you know what the construction of those
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`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

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`DOUGLAS E. SMITH, Ph.D.
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`choke elements are?
` A. I don't believe he describes that. No, I don't
`know.
` Q. So, do you know what the geometries of the
`Openings 18 are, whether they're circular, arcuate or
`some other form?
` MR. LEVINE: Objection.
` A. 18, all the definition that's given is what's
`shown there in Figure 1. I would have to go back and see
`if he -- for sure what he describes for that. I don't
`recall that he gives a specific cross-sectional shape.
`However, he does make note that the shape of those
`passageways can be adjusted to be able to achieve a
`desired result with the action of the valve.
` Q. (BY MR. McAUGHAN) Where do you believe Nelson
`teaches that the shape of Passageways 18 may be adjusted?
` MR. LEVINE: Objection.
` A. Are you -- what are you asking me?
` Q. (BY MR. McAUGHAN) Sure. I believe in your
`answer, you indicated that Nelson, while not disclosing
`the shape or geometries of Passageways 18, specifically
`taught that the shape of the passageways could be
`adjusted. Correct?
` A. Yes.
` Q. Where does he teach that?
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

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`DOUGLAS E. SMITH, Ph.D.
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` A. Just a second while I find that. I'm sorry. I
`just don't remember exactly where it is.
` Q. Uh-huh.
` A. Okay, if we look at Nelson, let's see, 4, at the
`bottom of the page, "The rate of flow of fluid" -- this
`is in Line 75. "The rate of flow of fluid through the
`bit may, of course, be regulated by the size of the
`passageway through which the fluid flows and by the
`pressure of the fluid, and these factors, as well as the
`speed and frequency of flow interruption, may be varied
`to accommodate the apparatus to any operational
`conditions which may be encountered."
` Q. So, in that section, Nelson teaches that the
`rate of flow of fluid can be regulated by the size of the
`passageway, correct?
` A. The rate of the flow of the fluid through the
`bit may, of course, be regulated by the size of the
`passageways, yes.
` Q. And he's referring to Passageways 18, correct?
` A. I believe he's -- well, I believe he's referring
`to passageways through the device, which is 18 and 40.
` Q. Isn't it true that in every instance of Nelson
`when he refers to Element 18 or Element 18', he refers to
`them as being a, quote, passageway?
` MR. LEVINE: Objection.
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

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`DOUGLAS E. SMITH, Ph.D.
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` A. I would -- I can't say that I know that, that
`every time he mentions 18 or 18' that it's called a
`passageway.
` Q. (BY MR. McAUGHAN) Having studied this patent,
`are you aware of any instance in this patent where Nelson
`refers to Elements 18 or 18' as anything other than being
`a "passageway"?
` MR. LEVINE: Objection.
` A. Again, let me look through here and see if I
`find that. No, I believe he calls 18 or 18' passageways,
`Passageways 18, Passageways 18'.
` Q. (BY MR. McAUGHAN) Now, you indicated that you
`believe that sentence you read at the bottom of Column 4
`and top of Column 5 also applied to the Openings 40,
`correct?
` MR. LEVINE: Objection.
` A. I do believe that when he talks about regulated
`the size of the passageways through which the bit flows
`that he's also referring to 40.
` Q. (BY MR. McAUGHAN) Can you find a single
`instance in this patent where Nelson refers to the
`Openings 40 as being a "passageway"?
` A. He refers to 40 as arcuate openings and, in my
`opinion, that the Arcuate Openings 40 serve as
`passageways.
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`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

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`DOUGLAS E. SMITH, Ph.D.
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` Q. Now, that's your testimony. Nelson consistently
`refers to the Openings 40 as openings and consistently
`refers to the Passageways 18 as passageways, correct?
` A. I find that he refers at least once here that I
`see that 40 is an arcuate opening; and every place that I
`see 18, it's referred to as passageways.
` Q. Okay. Are you aware of any instance where
`Nelson refers to the Arcuate Openings 40 as being
`passageways?
` MR. LEVINE: Objection.
` A. I find that he refers to 40 as openings or
`arcuate openings.
` Q. (BY MR. McAUGHAN) But you are not aware of any
`instance in which he refers to the Openings 40 as being,
`quote, passageways, correct?
` A. I do not know of any.
` Q. Now, based on your understanding of Nelson, what
`do you think is the shape of the Passageways 18?
` MR. LEVINE: Objection.
` A. Could you repeat that?
` Q. (BY MR. McAUGHAN) Sure. Based on your
`understanding of Nelson, what do you understand the shape
`of Passageways 18 to be?
` A. I don't believe Nelson gives enough information
`to say what its shape is.
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
`
`18
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` Q. Do you understand that it's common in drill bits
`to have passageways like Passageways 18 in Nelson in such
`devices?
` MR. LEVINE: Objection.
` A. I know that Nelson has a Passageway 18.
` Q. (BY MR. McAUGHAN) Do you have any basis to
`dispute the contention that it's relatively common for a
`drill bit apparatus to have passageways like Passageways
`18 in Nelson?
` A. I guess I'm not sure what you're asking me.
` Q. Sure. Do you have enough experience in dealing
`with rotating drilling devices to testify one way or the
`other as to whether it's common to have Passageways 18 in
`such apparatus?
` MR. LEVINE: Objection.
` A. Can you tell me what you're referring to about
`Passageway 18 that I'm -- you're asking me to make a
`judgment on?
` Q. (BY MR. McAUGHAN) Okay. If we look at the
`Nelson reference that you've studied in detail --
`correct?
` A. Uh-huh.
` Q. -- it refers to Passageways 18, correct?
` A. Yes.
` Q. And it shows in Figure 1 passageways, at least
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
`
`19
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`one of which bears the Number Label 18, correct?
` A. Yes.
` Q. And we see in Figure 3, for example, a
`Passageway 18'. Do you see that?
` A. Yes.
` Q. And these are passageways in the threaded
`portion of the drilling apparatus that receive fluid,
`correct?
` A. Yes.
` Q. And that fluid flows down through the apparatus
`and outpours onto the rotating drill bits, correct?
` A. Through Arcuate Slots 40, yes.
` Q. Isn't it true that it is common in rotary
`drilling apparatus to have a passageway like Passageway
`18 in Figure 1 of Nelson that receives fluid and
`discharges fluid to flow over rotating drill bits?
` MR. LEVINE: Objection.
` A. Of the prior art that I reviewed as part of this
`case, I have found that there are passageways that go
`through downhole drilling devices that are not unlike
`this.
` Q. (BY MR. McAUGHAN) Now, how many prior art
`references have you reviewed in connection in this case
`that concern rotary drilling apparatus?
` MR. LEVINE: Objection.
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
`
`20
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` A. In my declaration, I list the ones that I have
`used as prior art -- or that I've looked at.
` Q. (BY MR. McAUGHAN) And which of those references
`do you believe disclose a rotary drilling apparatus?
` A. I'll have to look at my declaration.
` Q. Okay.
` A. Bielstein '956 is a rotary percussion drilling
`device.
` Q. Okay.
` A. Hudson '912 describes -- as I say in my
`declaration, "discloses a well drilling system where
`rotation of the drill bit is driven by a
`hydraulically-operated rotary motor."
` Q. Okay.
` A. Those are two. Bardeen, 1915, discloses an
`impact tool that's arranged at the end of a tubular drill
`string. And, of course, Nelson. So, those are about
`four.
` Q. Okay. And based on your review of those
`references, can you provide any indication of what the
`dimensions or shapes are of the Passageways 18 in the
`drilling apparatus of Nelson Figure 1?
` MR. LEVINE: Objection.
` A. Nelson does not describe what the shape is, nor
`do the other patents that I reviewed as part of the prior
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
`
`21
`
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`art describe what the shape is in Nelson.
` Q. (BY MR. McAUGHAN) Now, you talked about the
`flow of fluid through the drilling apparatus of Nelson.
`In the embodiment of Figure 1, is the flow of fluid
`through the embodiment of Nelson Figure 1 -- is that
`continuous, or is that discontinuous?
` MR. LEVINE: Objection.
` A. Nelson describes a system where the fluid flows
`through the device, the velocity is made to increase and
`decrease, the velocity could be made to shut off. He
`also describes that changes could be made in order to not
`have the fluid flow completely shut off.
` Q. (BY MR. McAUGHAN) Looking at the embodiment of
`Nelson in Figure 1, can you tell whether that shows
`continuous or discontinuous flow?
` MR. LEVINE: Objection.
` A. There's not enough information in Figure 1 to
`know whether this is continuous or discontinuous.
` Q. (BY MR. McAUGHAN) Okay. Now, you understand
`from Nelson that Figures 1, 2 and 3 all depict the same
`embodiment -- or Figures 1 and 2 all show the same
`embodiment, correct?
` A. Yes.
` MR. LEVINE: Objection.
` Q. (BY MR. McAUGHAN) So, looking at Figures 1 and
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
`
`22
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`2 of Nelson, can you determine whether that embodiment
`provides continuous or discontinuous fluid flow?
` A. No, I cannot.
` Q. And why is that?
` A. There's not enough information that's given
`there in that drawing to know whether it's continuous --
`or it's always continuous or not.
` Q. Looking at the copy of Nelson that's in front of
`you, can you describe what you understand the path of
`fluid flow through the apparatus to be?
` A. Fluid enters -- you said Figure 1?
` Q. Yes.
` A. Fluid enters at the top of the figure at the
`point where this drill bit is in contact with the drill
`string. That is, fluid enters through the Opening 20,
`what's identified as 20. It passes through and then
`separates into the Passageways 18. Fluid travels through
`Passageways 18 through the Choke Elements 42, if they
`exist, and then at the bottom of either the choke
`elements or of the Passageway 18, if the choke elements
`weren't there. Then as that passageway aligns with the
`arcuate slot that's shown as 40 to where there is a fluid
`flow port that travels through the upper member and also
`the rotating member, then it exits through the Arcuate
`Slot 40.
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
`
`23
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` If a passageway is -- if the fluid coming
`through the passageway is met, instead, by a part of
`disc -- or of the Member 38 that is not an open slot,
`then the fluid would be stopped. But it exits --
`assuming that it meets up with Arcuate Slot 40, it exits
`the bottom and then travels then to the bits and then out
`to the sides.
` Q. Now, if we look at Figure 1, do you see the
`Arcuate Slots 40 identified there?
` MR. LEVINE: Objection.
` A. Figure -- I do not see the Arcuate Slots 40 in
`Figure 1.
` Q. (BY MR. McAUGHAN) Okay. And you do see the
`arcuate slots in Figure 2?
` A. I think Nelson has identified the arcuate slots
`there with the Item 40 in Figure 2.
` Q. Can you explain for me looking at Figure 2 why
`you can't determine whether the flow of fluid through the
`Nelson device in Figures 1 and 2 is continuous or
`discontinuous?
` A. I'm not sure what you're asking.
` Q. Sure. Figure 2 shows you the form of the
`Arcuate Slots 40, correct?
` A. Yes.
` Q. And according to you, fluid will flow through
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
`
`24
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`those Slots 40 whenever those slots are aligned with
`Passageways 18, correct?
` A. Yes.
` Q. And you can see the span -- or the angular span
`of those Slots 40 in Figure 2, correct?
` A. Yes.
` Q. Can you determine, looking at that angular span,
`whether the flow of fluid through the device of Nelson,
`Figure 1 and 2, is continuous or discontinuous?
` MR. LEVINE: Objection.
` A. Can you tell me what you mean by continuous and
`discontinuous?
` Q. (BY MR. McAUGHAN) Sure. You understand that
`fluid flow -- you understand what continuous fluid flow
`is, correct?
` A. Are you saying that the fluid is not stopped by
`the valve?
` Q. Well, my question is: You understand what
`continuous fluid flow is, correct?
` A. I believe I do, continuous fluid flow, yes.
` Q. And what do you understand continuous fluid flow
`to be?
` A. That would be -- with respect to this device, it
`would be the flow of fluid from the inlet to the outlet
`that is not stopped by some means in between, such as the
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
`
`25
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`valve.
` Q. And can you tell looking at Nelson Figure 1 and
`Figure 2 whether that embodiment does, in fact,
`completely stop the flow of fluid through the valve at
`given times in its operation?
` A. No, I cannot tell.
` Q. So, you can't tell one way or the other?
` MR. LEVINE: Objection.
` A. When -- the drawings that are given here, the
`definition of what -- of the side view that's not shown
`in 38 is not enough information to tell you that.
` Q. (BY MR. McAUGHAN) And is that because you don't
`know the shape and geometries of the Passageways 18?
` A. There is more -- if more information were given
`about Passageways 18, then you -- if the right
`information were given about Passageways 18, then you
`could determine that, yes.
` Q. Now, I believe you said you felt Nelson teaches
`that you can make modifications to his device to ensure
`continuous fluid flow. Is that correct?
` MR. LEVINE: Objection.
` A. Let's see. Nelson teaches that you can make
`changes to regulate -- let's see. If I look here
`again -- yeah, he says you can change -- "be regulated by
`the size of the passageways through which the fluid flows
`
`Ross Reporting Services, Inc.
`
`281-484-0770
`
` NOV
`Exhibit 2015
`
`

`
`DOUGLAS E. SMITH, Ph.D.
`
`26
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`by pressure of the fluid and these factors, as well as
`the speed and frequency of flow interruption, may be
`varied to accommodate the apparatus to any operational
`conditions which may be encountered."
` Q. (BY MR. McAUGHAN) Now, are you reading in
`Column 4 -- the bottom of Column 4 and the top of Column
`5?
` A. Yes.
` Q. And there Nelson is referring to the rate of
`fluid flow through the bit, correct?
` A. H

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