`
`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
`
`APPLICATION NO.
`
`111550,863
`
`ISSUE DATE
`
`06/09/2009
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`7543634
`
`45023-37
`
`9381
`
`05/20/2009
`
`23971
`7590
`BENNETT JONES LLP
`C/0 MS ROSEANN CALDWELL
`4500 BANKERS HALL EAST
`855- 2ND STREET, SW
`CALGARY, AB T2P 4K7
`CANADA
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 0 day(s). Any patent to issue from the above-identified application will include
`an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Customer Service Center of the Office of Patent Publication at
`(571)-272-4200.
`
`APPLICANT(s) (Please see PAIR WEB site http://pair.uspto.gov for additional applicants):
`
`JIM FEHR, Edmonton, CANADA;
`DANIEL JON THEMIG, Cochrane, CANADA;
`
`IR103 (Rev. 11105)
`
`
`
`UNITED STATES DEPARTMEr-1"'1' OF COMMERCE
`Uuited State• Patent and Trtldemnrk Office
`Addr.,s: COMMISSlONEI! FOR l'ATI!:N'l'S
`P.O. Bo• 1450
`Al«<andci>l, Vugi!U. 22> 13-14~0
`
`w~·\\·.u•p1o.~v
`
`CONFIRMATION NO. 9381
`
`CLASS
`166
`
`GROUP ART UNIT
`3672
`
`ATTORNEY
`DOCKET NO.
`45023-37
`
`llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll ~ 1111
`
`Bib Data Sheet
`
`SERIAL NUMBER
`11/550,863
`
`FILING OR 371(c)
`DATE
`10/19/2006
`RULE
`
`~PPLICANTS
`JIM FEHR, Edmonton, CANADA;
`DANIEL JON THEMIG, Cochrane, CANADA;
`
`il'* CONTINUING DATA"'*"'**"'*"'*"'"'"'******"'******
`This application is a CON of 11/104,467 04/13/2005 PAT 7,134,505 which is a DIV of 10/299,004
`11/19/2002 PAT 6,907,936
`which claims benefit of 60/331,491 11/19/2001
`and claims benefit of 60/404,783 08/21/2002
`
`** FOREIGN APPLICATIONS*""""'*"'**"'""""'*"'***"'"""
`
`IF REQUIRED, FOREIGN FILING LICENSE GRANTED
`** 03/26/2007
`
`I:J yes I:J no
`Foreign Priority claimed
`35 USC 119 (a-d) conditions I:J yes I:J no I:J Met after
`met
`Allowance
`Verified and
`Acknowledged
`ADDRESS
`
`Examiner's Signature
`
`Initials
`
`SHEETS
`STATE OR
`COUNTRY DRAWING
`9
`CANADA
`
`TOTAL
`CLAIMS
`26
`
`INDEPENDENT
`CLAIMS
`2
`
`AIR MAIL
`
`..
`
`~3971
`
`TITLE
`
`METHOD AND APPARATUS FOR WELLBORE FLUID TREATMENT
`
`FILING FEE FEES: Authority has been given in Paper
`to charge/credit DEPOSIT ACCOUNT
`RECEIVED No.
`for following:
`No.
`875
`
`ICJ All Fees
`
`ICJ 1 .16 Fees ( Filing )
`
`l:l1.17 Fees (Processing Ext. of
`time)
`
`ICJ1.18 Fees (Issue)
`
`ICJ Other
`
`ICJ Credit
`
`I
`
`I
`
`I
`I
`I
`
`
`
`PART B - FEE(S) TRANSMITTAL
`
`Complete :;tnd send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`orm
`(571 )-273-2885
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks I through 5 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated unless corrected below or directed otherwise in Block I, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`Note: A cerllhcate of mathng can only be used lor domestic mailings of the
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block I for any change of address)
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmissiOn.
`
`01129/2009
`
`7590
`23971
`BENNETT JONES LLP
`C/0 MS ROSEANN CALDWELL
`4500 BANKERS HALL EAST
`855 - 2ND STREET, SW
`CALGARY, AB T2P 4K7
`CANADA
`
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an enveloP.e
`addressed to the Mail Stop ISSUE FEE address above, or being facsimtle
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`
`(Depositor's name)
`
`(Signature)
`
`(Date)
`
`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
`
`45023-37
`
`9381
`
`I
`
`APPLICATION NO.
`
`I
`
`FILING DATE
`
`I
`
`FIRST NAMED INVENTOR
`
`11/550,863
`10/19/2006
`JIM FEHR
`TITLE OF INVENTION; METHOD AND APPARATUS FOR WELL BORE FLUID TREATMENT
`
`SMALL ENTITY
`APPLN.TYPE
`nonprovisional ~ Af 0
`
`PUBLICATION FEE DUE PREY. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`$300
`
`$0
`
`DATE DUE
`
`04/29/2009
`
`EXAMINER
`
`CLASS-SUBCLASS
`
`THOMPSON, KENNETH L
`
`3672
`
`166-191000
`
`I. Change of correspondence address or indication of "Fee Address" (3 7
`CFR 1.363).
`0 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`0 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page, list
`(I) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listeil, no name will be printed.
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment,
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`t\.vs El\le ~'I s e R'i 1C..e:.s ~ IVC.
`fA C..ic::e Q.S
`C. A U1 A~"'',
`~('l A 't:> A
`Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual 6a'Corporation or other private group entity 0 Government
`
`4a. ;:!',5following fee(s) are submitted;
`lld'jssue Fee
`5l'Publication Fee (No small entity discount permitted)
`0 Advance Order- #of Copies---------
`
`5. Change in Entity Status (from status indicated above)
`0 a. Applicant claims SMALL ENTITY status. Sec 3 7 CFR 1.27.
`
`4b. Payment of Fee(s); (Please first reapply any previously paid issue fee shown above)
`Op check is enclosed.
`0 Payment by credit card. Fe PAl PTO ilQ18 is attasll"l.
`0 The Director is hereby authorized to charge~~%'~ ree~s), any deficiency, or credit any
`overpayment, to Deposit Account Number 02--;L QSj enclose an extra copy of this form),
`~.Applicant is no longer claiming SMALL ENTITY status. Sec 37 CFR 1.27(g)(2).
`
`This collection of information is required by 37 CFR 1.311. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, prepanng, and
`submttting the completed applicatton form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you reCJuire to complete
`this form and/or suggestions for reducing this burde'll should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O.
`Box 1450, Alcxandna, Virginia 22313-1450. DO NuT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS, SEND TO: Commissioner for Patents, P.O. Box 1450
`Alexandria, Virginia 22313-1450.
`'
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`
`
`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`11550863
`
`19-0ct-2006
`
`Title of Invention:
`
`METHOD AND APPARATUS FOR WELLBORE FLUID TREATMENT
`
`First Named Inventor/Applicant Name:
`
`JIM FEHR
`
`Filer:
`
`Roseann B. Caldwell/lsmat Rajan
`
`Attorney Docket Number:
`
`45023-37
`
`Filed as Large Entity
`
`Utility under 35 USC 111 (a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Utility Appl issue fee
`
`Publ. Fee- early, voluntary, or normal
`
`1501
`
`1504
`
`1
`
`1
`
`1510
`
`300
`
`1510
`
`300
`
`
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Extension-of-Time:
`
`Miscellaneous:
`
`Total in USD ($)
`
`1810
`
`
`
`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`5240181
`
`11550863
`
`International Application Number:
`
`Confirmation Number:
`
`9381
`
`Title of Invention:
`
`METHOD AND APPARATUS FOR WELLBORE FLUID TREATMENT
`
`First Named Inventor/Applicant Name:
`
`JIM FEHR
`
`Customer Number:
`
`23971
`
`Filer:
`
`Roseann B. Caldwell
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`45023-37
`
`Receipt Date:
`
`Filing Date:
`
`TimeStamp:
`
`29-APR-2009
`
`19-0CT-2006
`
`17:34:40
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
`
`Submitted with Payment
`
`Payment Type
`
`Payment was successfully received in RAM
`
`RAM confirmation Number
`
`Deposit Account
`
`Authorized User
`
`yes
`
`Credit Card
`
`$1810
`
`3859
`
`022057
`
`CALDWELL,ROSEANN B.
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.20 (Post Issuance fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.21 (Miscellaneous fees and charges)
`
`
`
`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size( Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(ifappl.)
`
`188234
`
`1
`
`Issue Fee Payment (PT0-85B)
`
`45023-37 -issue.pdf
`
`no
`
`1
`
`Warnings:
`
`Information:
`
`24 3 75 2b3 08164 7 ca4f4 9 35 a899a6d 5922c9
`c276a
`
`32227
`
`2
`
`Fee Worksheet (PT0-875)
`
`fee-info. pdf
`
`no
`
`2
`
`f20a0cdf85ef0dc9323e878c8b661 ca33b05
`599a
`
`Warnings:
`
`Information:
`
`Total Files Size (in bytes)
`
`220461
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New A~~lications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International A~~lication under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International A~~lication Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 181 0), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/1 OS) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`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
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`01/29/2009
`
`23971
`7590
`BENNETT JONES LLP
`C/0 MS ROSEANN CALDWELL
`4500 BANKERS HALL EAST
`855 - 2ND STREET, SW
`CALGARY, AB T2P 4K7
`CANADA
`
`EXAMINER
`
`THOMPSON, KENNETH L
`
`ART UNIT
`
`PAPER NUMBER
`
`3672
`DATE MAILED: 01129/2009
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`111550,863
`
`JIMFEHR
`10119/2006
`TITLE OF INVENTION: METHOD AND APPARATUS FOR WELLBORE FLUID TREATMENT
`
`45023-37
`
`9381
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisiona1
`
`YES
`
`$755
`
`$300
`
`$0
`
`$1055
`
`04/29/2009
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS
`STATUTORY PERIOD CANNOT BE EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`IF AN ISSUE FEE HAS
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`L Review the SMALL ENTITY status shown above,
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
`
`A, If the status is the same, pay the TOTAL FEE(S) DUE shown
`above,
`B, If the status above is to be removed, check box 5b on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above, or
`
`If the SMALL ENTITY is shown as NO:
`
`A, Pay TOTAL FEE(S) DUE shown above, or
`
`B, If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check box Sa on Part B- Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and l/2
`the ISSUE FEE shown above,
`
`IL PART B- FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required), If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted, If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B,
`
`IlL All communications regarding this application must give the application number, Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary,
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev, 08/07) Approved for use through 08/3112010,
`
`Pagel of 3
`
`
`
`PART B- FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`(571)-273-2885
`
`or Fax
`
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks l through 5 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated unless corrected below or directed otherwise in Block l, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address)
`
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmission.
`
`01/29/2009
`
`23971
`7590
`BENNETT JONES LLP
`C/0 MS ROSEANN CALDWELL
`4500 BANKERS HALL EAST
`855 - 2ND STREET, SW
`CALGARY, AB T2P 4K7
`CANADA
`
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`
`(Depositor's name)
`
`(Signature)
`
`(Date)
`
`I
`
`APPLICATION NO.
`
`ll/550,863
`
`I
`
`FILING DATE
`
`10119/2006
`
`I
`
`FIRST NAMED INVENTOR
`
`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
`
`JIMFEHR
`
`45023-37
`
`9381
`
`TITLE OF INVENTION: METHOD AND APPARATUS FOR WELLBORE FLUID TREATMENT
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`YES
`
`$755
`
`$300
`
`$0
`
`$1055
`
`04/29/2009
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`THOMPSON, KENNETH L
`
`3672
`
`166-191000
`
`l. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`0 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`0 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page, list
`(l) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`2 ________________________ _
`
`3 ________________________ _
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`
`0
`
`Individual 0 Corporation or other private group entity 0 Government
`
`4a. The following fee(s) are submitted:
`0
`Issue Fee
`0 Publication Fee (No small entity discount permitted)
`0 Advance Order- #of Copies _________ __
`
`4b. Payment ofFee(s): (Please first reapply any previously paid issue fee shown above)
`0 A check is enclosed.
`0 Payment by credit card. Form PT0-2038 is attached.
`0The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`(enclose an extra copy of this form).
`overpayment, to Deposit Account Number
`
`5. Change in Entity Status (from status indicated above)
`0 a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`
`0 b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR l.27(g)(2).
`
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized Signature _______________________ _
`
`Dille _____________________ __
`
`Typed or printed name ______________________ __
`
`Registration No. ________________ _
`
`This collection of information is required by 37 CFR 1.311. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete
`this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O.
`Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/3112010.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`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
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`111550,863
`
`10119/2006
`
`JIMFEHR
`
`45023-37
`
`9381
`
`01/29/2009
`
`23971
`7590
`BENNETT JONES LLP
`C/0 MS ROSEANN CALDWELL
`4500 BANKERS HALL EAST
`855 - 2ND STREET, SW
`CALGARY, AB T2P 4K7
`CANADA
`
`EXAMINER
`
`THOMPSON, KENNETH L
`
`ART UNIT
`
`PAPER NUMBER
`
`3672
`DATE MAILED: 01129/2009
`
`Determination of Patent Term Adjustment under 35 U .S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 0 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 0 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) WEB site (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`or
`the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0 101
`directed to
`(571)-272-4200.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/3112010.
`
`Page 3 of 3
`
`
`
`Notice of Allowability
`
`Application No.
`
`11/550,863
`Examiner
`
`Applicant(s)
`
`FEHR ET AL.
`Art Unit
`
`Kenneth Thompson
`
`3672
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOW ABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1. IZ! This communication is responsive to RCE filed 5 November 2008.
`2. 1Zl The allowed claim(s) is/are 1-13, 15-22 and 24-27.
`3. D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) D All
`b) D Some*
`c) D None
`of the:
`1. D Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No. __ .
`3. D Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`* Certified copies not received: __ .
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`4. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`5. D CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`(a) D including changes required by the Notice of Draftsperson's Patent Drawing Review ( PT0-948) attached
`1) D hereto or 2) D to Paper No./Mail Date __ .
`(b) D including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`Paper No./Mail Date __ .
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`6. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. ~ Notice of References Cited (PT0-892)
`2. D Notice of Draftperson's Patent Drawing Review (PT0-948)
`
`3. ~ Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date __
`4. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. D Notice of Informal Patent Application
`6. D Interview Summary (PT0-413),
`Paper No./Mail Date __ .
`7. D Examiner's AmendmenUComment
`
`8. ~ Examiner's Statement of Reasons for Allowance
`9. D Other __ .
`
`U.S. Patent and Trademark Off1ce
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20090121
`
`
`
`Application/Control Number: 11/550,863
`Art Unit: 3672
`
`Page 2
`
`ALLOWANCE
`
`A request for continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
`
`application is eligible for continued examination under 37 CFR 1.114, and the fee set
`
`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
`
`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5
`
`November 2008 has been entered.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`Parrish, U.S. 1,956,694 discloses a similar packer.
`
`Mills, U.S. 4,794,989 discloses pairs of similar multiple packer elements having
`
`test ports there between.
`
`Brisco, U.S. 4,569,396 discloses similar spaced packers and a ported mandrel.
`
`The following is an examiner's statement of reasons for allowance:
`
`The prior art of record does not disclose or suggest all the claimed limitations
`
`including first and second sleeves covering first and second ports between first second
`
`and third multiple element packers.
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the payment of the issue fee and, to avoid processing delays, should preferably
`
`
`
`Application/Control Number: 11/550,863
`Art Unit: 3672
`
`Page 3
`
`accompany the issue fee. Such submissions should be clearly labeled "Comments on
`
`Statement of Reasons for Allowance."
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Kenneth Thompson whose telephone number is 571
`
`272-7037. The examiner can normally be reached on 6:00am-2:30pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, David J. Bagnell can be reached on 571-272-6999. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`22 January 2008
`
`/Kenneth Thompson/
`Primary Examiner, Art Unit 3672
`
`
`
`Applicant(s)/Patent Under
`Reexamination
`FEHR ET AL.
`
`Art Unit
`
`3672
`
`Page 1 of 1
`
`Classification
`
`277/342
`
`166/387
`
`166/305.1
`
`*
`*
`*
`*
`
`Notice of References Cited
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Application/Control No.
`
`11/550,863
`
`Examiner
`
`Kenneth Thompson
`
`U.S. PATENT DOCUMENTS
`
`Name
`
`05-1934
`
`PARRISH BENJAMIN E
`
`01-1989
`
`Mills, Aubrey C.
`
`02-1986
`
`Brisco, David P.
`
`A
`
`US-1 ,956,694
`
`US-4, 794,989
`B
`c US-4,569,396
`D US-
`US-
`
`E
`
`F
`
`G
`
`H
`
`I
`
`J
`
`K
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`L
`M US-
`
`*
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Country
`
`Name
`
`Classification
`
`FOREIGN PATENT DOCUMENTS
`
`NON-PATENT DOCUMENTS
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`*
`
`N
`
`0
`
`p
`
`Q
`
`R
`s
`T
`
`u
`
`v
`
`w
`
`X
`
`*A copy of th1s reference IS not bemg furnished w1th th1s Off1ce act1on. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
`
`U.S. Patent and Trademark Office
`PT0-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 20090121
`
`
`
`Search Notes
`
`Application/Control No.
`
`11550863
`
`Examiner
`
`Thompson, Kenneth
`
`Applicant(s)/Patent Under
`Reexamination
`
`FEHR ET AL.
`
`Art Unit
`
`3672
`
`SEARCHED
`
`Class
`166
`
`175
`
`Subclass
`387, 386, 373, 374, 142, 146, 147, 184, 185, 194, 318,
`269, 126, 127, 131, 191, 305.1, 306,313
`237, 317
`
`Date
`1/21/09
`
`Examiner
`KT
`
`1/21/09
`
`KT
`
`Search Notes
`See attached interference text search
`
`I
`I
`
`Date
`1/21/09
`
`I Examiner
`I KT
`
`SEARCH NOTES
`
`Class
`Same as
`above
`
`INTERFERENCE SEARCH
`
`Subclass
`
`Date
`1/21/09
`
`Examiner
`KT
`
`U.S. Patent and Trademark Office
`
`Part of Paper No.: 20090121
`
`
`
`PTO/SB/08a (03-08)
`Doc code :IDS
`Approved for use through 03/31/2008. OMB 0651-0031
`Doc description: Information Disclosure Statement (IDS) Filed
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`IN FORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`( Not for submission under 37 CFR 1.99)
`
`Application Number
`
`Filing Date
`
`11550863
`
`2006-10-19
`
`First Named Inventor
`
`I FEHR, JIM
`
`Art Unit
`
`Examiner Name
`
`I
`Attorney Docket Number
`
`45023-37
`
`Examiner Cite
`Initial*
`No
`
`Patent Number
`
`Kind
`Cadet
`
`Issue Date
`
`Name of Patentee or Applicant
`of cited Document
`
`Pages,Columns,Lines where
`Relevant Passages or Relevant
`Figures Appear
`
`U.S.PATENTS
`
`I Remove I
`
`1
`
`4516879
`
`2
`
`4949788
`
`3
`
`5894888
`
`4
`
`7096954
`
`5
`
`7267172
`
`6
`
`6446727
`
`7
`
`6460619
`
`8
`
`6763885
`
`us
`
`us
`
`us
`
`us
`
`us
`
`us
`
`us
`
`us
`
`1985-05-14
`
`BERRYetal.
`
`1990-08-21
`
`SZARKAet al.
`
`1999-04-2