Free Exhibits - District Court of Colorado - Colorado


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Date: January 11, 2007
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State: Colorado
Category: District Court of Colorado
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Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 1 of 50

CLAIMS

claim
An the release automatic of the drill system of for automatically drilling rig during the

drilling of

borehole

oomprising
pressure

drilling drilling fluid fluid

pressure

regulator said in

coupled drilling drilling

said fluid fluid

drilling
pressure pressure

pressure

sensor

regulator and relay outputting coupled relay to said

changes

representing drilling to the regulator an output

those pressure

changes regulator
of said drill

said

responsive

signal to supply

drilling string drill

fluid

pressure
signal at

control

thereof
said relay

and wherein
relay operates

string

controller in drilling drill string

coupled fluid pressure control

decrease supplying said rate drilling drill string release The further

results signal an

in

string

drill

controller
of said drill string

increase an

in the in

release fluid string

and

increase

pressure control to

results signal effect

in said that

relay

supplyIng said

controller of said

in

rate

automatic

drilling

system

according

to

claim

comprising
bit

sensor
regulator bit outputting

ahit

coupled

said

bit

weight

sensor

said and

regulator signal to to to

measuring

changes

in bit

representing
bit

changes regulator
of said

relay

coupled

said the

weight
signal string

said

relay

responsive regulator output said

output
drill

supply
and

control

signal at

an

thereof
string

controller coupled

to

said

relay

wherein supplying

decrease

in bit weight

relay

BQO6.a

WS

00076

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 2 of 50

drill string release weight control to

control controller of said in that to

signal effect

that an

operates in

said the

drill

increase and an

rate
in string

drill

string relay

increase

results signal

supplying string of of

said in the

decrease

said drill

string

.7

S5t
the

An automatic release of the drill strin

stem

for automatically drilling

regulating during
the

drilling of
drill drill

borehole

comprisi sens regu sai in those said the tor to ator coupled to said torque and string

torque string torque

torque measuring signal relay

sensor
changes

drill

string

regulator outputting

string

torque

changes
torque signal drill

coupled

string output supply and to

regulator
of

said drill

relay string signal drill

responsive torque at an regu outpu

said

string

thereof
er

string

control in drill drill string of torgu

coupled

said

relay in that

wherein

decrease supplying said rate drill drill string release drill of

string string

torque control

results signal an

operates

troller said drill in that

increase in the increase supplying said
the drill of

and an
relay operates in

string

results signal

cont controller
of said dri

rate

string system for automatically
of

An automatic the releasing of of

drilli drill

regulating during
the

drilling rig

drilling

borehole

compr sing

drill drill

RPM senso
RPM said string regul

coupled to said
ing

drill

string RPM

sensor
in

RPM regulator

measuring changes
signal

RPM

outputting

representing

44O1O4.1

WS

00077

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 3 of 50

those relay

changes
said to to and oupled said results signal an string in signal at crease in the relay and relay string signal RPM regulator of said drill said

coupled

relay

responsive regulator output drill

string RPM
at an

ill string

control

signal

thereof

string

controller in drill drill string

wherein
said

an

increase supplying said rate drill string drill of

RPM
str ng control to

relay

that

operates in the in

cont sai

increase

release RPM

decrease

string

supplying said rate drill

control to

controller

release of

An the

automatic of the

drilling drill

system of

for automatically

releasing

drilling

the

drilling of

borehole
pressure

drilling bit weight
drilling

sensor
fluid pressure fluid of to of connected to in bit those for regulator for responsive to changes in

drilling

pressure

outputting

signal

representative

bit weight

regulator

outputting
first relay

changes
pressure

said relay responsive pressure
control signal to

regulator
signal supply of said

drilling
drill string

regulator at an

to

first

output

thereof
second

relay connected
relay regulator at an to

to

said to

bit

regulator
of string said

said bit

first

the second

weight
signal

control

output thereof
to

relay selector connected
select any of

said

and

second

said first drill

string control

signal

45
SOO6

WS

00078

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 4 of 50

said second first and the drill string

drill

string string

signal
control signals to

said

of

said

string
to said first in increases string when an drill of said string drill string drill of drill bit the rate release said said said first and control

controller when

relays signal said

wherein represents drill of control

string fluid

pressure
rate of

string drill signal said

release string fluid the wherein

first

drill

increase controller

in drilling increases and signal string drill signal

pressure

when

said

second in the second

drill bit

represents controller string and an

decrease decreases

represents controller

increase

weight

said

drill said

decreases

release

string
The automatic drilling

system

according

to

claim

further comprising
drill drill drill string those drill string RPM string string torque RPM

sensor

sensor responsive outputting
signal to in drill of

torque torque for

representative

RPM

responsive outputting
signal

to

changes

in of

string those third

changes
connected relay to

relay

said
to

string torque
the signal of

said drill string fourth said drill fourth

responsive

said drill

torque
control signal

third

at an

output
RPM signal of

connected
relay

said drill to the supply

responsive regulator

said drill

RPM

polo.

46
WS00079

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 5 of 50

string said relay relays and said

control

signal further any

at

an

output

thereof
said and

connected of said

fourth

tirst

second

third
of

drill

control

signals
and fourth

combination drill

first

seoond
and

third
all of

control and release said drill relays signal drill said

signals
drill said

said

first
signals

second
to

third
the

control

control

drill string
to said third string

string

controller

fourth

wherein represents string drill

when

said

decrease in drill
increases the

torque

said

controller string and

release of string
drill

when
an

said increase

control

signal

represents

string rate

torque
of said fourth of

drill said drill drill drill

string

and

further signal said

wherein when represents
drill of

string

control

increase controller string and when

string the rate

RPM
of

string

said signal drill

said in

drill

string

control

represents string drill method drill of measuring producing

decrease

string the rate of

RPM

said
of

controller decreases

release

automatically drilling rig
comprising

the

release

the

the

of

drilling signal

fluid in

pressure
to changes in the

response signal

pressure
drilling relaying controlling of represents decrease said signal said

said fluid signal

changes

in

pressure
to

drill string
controller

controller
to increase when fluid the

drill of

rate

said

said to

decrease
rate of

pressure and string

release an

said

drill in

when

represents

increase

drilling

47
WS
00080

Case 1:03-cv-02579-RPM
pressure
method drill string of

Document 139-3

Filed 01/11/2007

Page 6 of 50

for

automatica

regulating

the the

of the

drilling drill signal said in

rig dr
torq resp

11

comprising

of

measuring producing

nse

to

changes the

in

drill in

torque
string relaying controlling of represents decrease said

signal

presenting

changes

drill

torque
to said drill of drill str ing said

sting controller
to increase when said torque rate signal and to

controller string

drill in

string of said in

rate

of

release ts an

string drill

when

signal

represe

increase

torque method
drill string of or autonati ally regulating comprising release the of

drilling rig
drill

nil
to the

of

measuring producing said relaying controlling of

string_RPM respo
in drill changes in drill

string RPM

signal to said of stri said

RPM

ill controller

controller
to increase when said and when

the rate
signal

represents the rate of

increase release an for

drill said in

string

RPM

to deorease

represents method drill string of

decrees

RPM
the the

drilling
fluid signal

measuring producing fluid changes producing

pressure and
response

bit weight
to changes in the

pressure
in

said

drilling fluid signal
in

pressure
response to the in bit in

second
said

weight
bit selecting

second

signal

representing

changes

weight
any

one

of

first signal

second

signal

a006.2

48
WS
00081

Case 1:03-cv-02579-RPM
and the relaying

Document 139-3
said release said of said and drill

Filed 01/11/2007
said to and to said drill drill

Page 7 of 50

string
or

selected which to

signal regulates

signals releasa signal

string

controller in The steps measuring producing string changes producing string changes selecting any drill response method

said to claim

or

signals
comprising

according

M4ttirther

the

torque in

and

drill to signal

RPM
in represents

response third

drill the

torque

wherein

said

in drill fourth signal wherein string

torque
in response to changes in drill

RPM

signal

represents

the

in drill of

RPM
third
second first second
and

first second
of said said

fourth and

signals
fourth fourth

combination and to all

signals
signals and

third and
said

regulate

the

string relaying said

selected which to regulates said

or the

signals release

to
said

drill

controller in response fluid an

string

selected comprising

or

signals

ft

pressure an and an inlet outlet the the

enclosure
enclosure first boot

feeding
feeding into out

cavity

wi9said

from ykdirnvity

covering

inlet

saidya6tyt

second piston

boot

covering

outlet

froy4id cavity
said first

within boots wherein of said said

cyrfCy between

and

second inlet

fluessure

against the

enclosure
first

6st
to

boot

pushes said

boot said

against second within
fluid

pis

force said

piston boot

against

push

second

against the

s9ftemclosure
to

outlet
fluid within said

transferring enclosure

yhsure

compensation

.k4ead
aoao.i

comprising

wS
Li
./

00082

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 8 of 50

an

enclosure and

having cavity inlet

an which

first

inlet

second

inlet

an

outle

piston
to fluid pressure drilling signal against first sensor to receive and said

said

coupled

fluid apply

signal fluid

pressure

ann/of

piston
said second receive apply piston
az-a

inlet fluid

coupled

to

fluid

pressu
wellbe/d

sensor

to and said

representing signal in against

pressure of

fluid positioned said fourth

sena an
to

relation/hip

said

of

third

and

an
to

of

said

piston4ositioned

in

opposed

relationship cavity said exerted produce representing pressure and

exert to of

pressure ayinst fluid
the

within

said

response arm against

flu
pion

signal and of

exerted the fluid

against

said

said

secd

arm outlet

said

piston

to

said
the

enclore

fluid the drilling

signal fluid

differ/nce wellh/ad

between

pressure
fluid level warning

yt
comrising
first

hydraulic

load

cel/

low

system

plate

connectejI load

to

top

said

hydraulic second said an air plate

0/11
to the said

conn/cted
load an

diaphragm

hydrauli/

cell
orifice
first outlet on

valve second

havi/
oi./let

inlet

orifice second

orifice
arm

base positioned
said first

said

plate
said inlet

an

contacting

plate
from an

/rif ice wherein
said

receiving when the

compressed level of above

air

air

suly/
withi/

hydraulic

remains

level
outlet and said contracts to orifice when

the to the

comessed
in7icate of

air exhausts safe l-eel of

said

hydraulic

the safe

lfea
below

hydraulic

fluid within said diaphragm

falls force

-50

WS

00083

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 9 of 50

said arm

first and being forced air within from

together said

ydlting
to orifice

in said the said

aij.4ive

divert
to

compressed second of

fsoutlet
t7ieby
said

outlet

orifice

indicatingan

unsafe

hydraulic

lyShin

WS

00084

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 10 of 50

DECLARATION

AND

POWER

OP

A7rORNEY

that As inventor hereby certify my address and citizenship as stated residence post office sole next to my name believe am the original for which inventor of the subject matter which is DRILLING on the invention entitled patent is sought of which is attached hereto yflfli the specifioation

-contents

hereby

claims
material Title 37

and understand have reviewed the aboveidentified including specification to disclose information acknowledge duty to the examination of this application accordance Section Regulations claim under and for Title

the is with

hereby

35
for also or the

United States section 119 of any foreign or inventors patent identified below foreign any applications inventors certificate date having filing application on which priority is claimed
Prior Foreign

applications
have
patent

that

Title 35 united States hereby claim the benefit under section 120 below applications and any United states insofar as the matter each of claims of this subject is not disclosed in the prior states application application in the manner Title 35 United provided by the first
states

material Regulations
date of

filing

acknowledge defined in Section which prior application and the national of thia ZfQIiI as

section

112

37

1.56a

duty Code between

disclose Federal

or

the filing international

declare hereby and knowledge are true belief are believed to made the were like so made are punishable section 1001 Title 18 willful false statements or application patent POWER

made herein of my own all made on information and all statements and these willful statements that and the by fine or imprisonment or both such the United states Code and the the jeopardize validity of may issued thereon

Donald appoint application and office connected Send

OF_ATTORNEY As the belownamed No Comuzzi Reg transact all business the

Inventor
to and

hereby this Trademark

correspondence

to
East Travis
Texas 78205 at Street

_j.2LtB.UuLbjfldij3gtfl5 San Antonio
Direct Bobbie telephone calls to

Comuzzi

210

2250007

2e

Bowden

f-ac

rifhiThaje

t1rst inventor

i/It Dte
621 St. Louis Residence

is

t3

Texas

78629

77j1nipai.a.a

U.S.A
Citizenship
621

badPSMI%
Street
Address
of

St
office

Gonza1es

Dovnc

Md Mdns

1iOn$4auajadJcSflw
to thu

OSS 170

Post

WMda

ad

VA

WS

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 11 of 50

....t

or led

or Patentee Patent

No

Bobbie

Joe

Attorneys
Docket

No

or Issued _____________ AUTOMATICDRILLING
ENTITY

VERIFIED STATEMENT CLAIMING SMALL DECLARATION INDEPENDENT STATUS 37 CFR 1.91 and 1.27b
As

INVENTOR

that declare the below qualify as inventor hereby for purposes of inventors in 37 Cfl 1.9c independent as defined of Title 35 United fees Section paying to Office States Code to and Trademark regard described in invention entitled AUTOMATIC

SYS

the

specification

filed

herewith
filed

application
Patent

Serial

No

____________

____________________

issued

________

have not assigned and am under no granted conveyed or licensed under contract of or obligation assign grant convey who could not be the invention to any person license any rights under 37 CFRl.9c if that classified as an independent inventor would not which or in any concern person had made the invention small business concern under CFR 1.9d or qualify as under 37 CFR 1.9e nonprofit
Each person conveyed granted contract or law or the invention no such or organization licensed or to

which

or

under

assign grant below person
or

convey

we have assigned an under obligation license any rights

organization
organizations are having

persons

below

NOTE
person
averring

Separate to

verified

statements

organization their status as small

required from each named to invention 37 CFR 1.27 entity

FULL NAME N/A ADDRESS INDIVIDUAL

SM

CONCERN

NONPROFIT

ORGANIZATION

to file this acknowledge application or patent of in loss of notification in status any change resulting entitlement to small entity status prior to paying or at the time the earliest maintenance fee due of the issue or of paying date small after the on which status as longer entity is no 37 CFR appropriate

1.28b

all

hereby statements
and

true

knowledge punishable 18 Title statements

that all statements made herein are true and made and belief are believed to be on intonation further that these were made with the that willful false statements the like so made are 1001 by fine or imprisonment or both under Section United States that such willful false Code jeopardize

patent

may issuing is statement

thereon

the validity or any patent

of

the

to

application which

any

BobbieJoe
NAME OF INVENTOR

11t1vvfl

WMi
Us

5o._._._
SIGNATURE OPINVENTOR
DATE ik UtLS its v.sI laMe Oth..$ 1rS13 M4 Mosac anvk cue ti S. gj4l.4.4 tb c.i--i addnnsd ad TTMnS of PMSI

WS

00086

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 12 of 50

OF Dtv.ct QutoI4AlIC Dtns.tt

WS

00087

Case 1:03-cv-02579-RPM
tALLY

Document 139-3

Filed 01/11/2007

Page 13 of 50

___

WS

00088

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 14 of 50
ijLj

2t

FZGS

Ws

000sg

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 15 of 50
it37

cc.

WS

00090

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 16 of 50
1fl

Oi527

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Ui

5-

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Case 1:03-cv-02579-RPM WI

Document 139-3

Filed 01/11/2007

Page 17 of 50
IH

OU527

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WS

Case 1:03-cv-02579-RPM nec OF PM WPC5

Document 139-3

Filed 01/11/2007

Page 18 of 50
IIH

JO527

4ie
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DtLL LME TE.JSION

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Case 1:03-cv-02579-RPM en
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Document 139-3

Filed 01/11/2007

Page 19 of 50

Aa-y

RUt 146

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Case 1:03-cv-02579-RPM
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Document 139-3

Filed 01/11/2007

Page 20 of 50
rrJ
liii

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flrfbr7 UtJOs4

WS

00095

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 21 of 50

ITh

WS

00096

Case 1:03-cv-02579-RPM Wil

PMWp

Document 139-3

Filed 01/11/2007

Page 22 of 50
1Q
ju

rtrLi j4

WS

00097

Case 1:03-cv-02579-RPM
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Document 139-3

Filed 01/11/2007

Page 23 of 50

-tc

WS

00098

Case 1:03-cv-02579-RPM

w.rflr

Document 139-3

Filed 01/11/2007

Page 24 of 50
Jij..j

c-IA

WS

00099

Case 1:03-cv-02579-RPM
WW1%$JJflAU.YRLt
..I

Document 139-3

Filed 01/11/2007

Page 25 of 50

WS

000100

Case 1:03-cv-02579-RPM
18
IN

Document 139-3
issY
STATES PATENT

Filed 01/11/2007
AND

Page 26 of 50

MAY
THE

In

re

application

of

BOBBIE serial

No
April

Filed

19

1993 SYSTEM

For

AUTOMATIC

DRILLING

COMMISSIONER
AND

OF PATENTS TRADEMARKS

Washington

D.C

Attn
PETITION

Licensing

and

Review

FOR

FILE

LICENSE TO APPLICATION

EXPORT

TECHNICAL

AND

U.S.C

Sir
In addition to the above application was on

U.S

Patent and filed

Application
claiming on behalf the of

corresponding invention Bobbie Joe filings occurred
of of an

patent AUTOMATIC

in Canada

April

19 1993
Patent

other Application

foreign have

U.S

Applicant respectfully the
Canadian Patent The system rig

submits

the subject
of

matter no

contained
from

Applications matter of regulates
ensure the

interest

security standpoint automatic string
of drilling

subject which to

invention

covers the drill

drilling

maximum rate
automatic drill release of or drilling

borehole system torque
drill all of the

penetration measures
and drill bit

through weight
RPM to to

formation
fluid

The

pressure
of

string

the any one

string above

in response measurements That between

of

any combination
drill bit on

of
the

maintain the

the

borehole variance selected
value

is

when of

automatic
above the drill

drilling system
and

registers
its the

one it

operator measured Applicant

value

releases equals that

substantially

the the

operator
of

respectfully
to an automatic
Q5/24/93

disclosure

subject

matter

relating the

system
06050527

utilized

primarily in
122 130.00 CK

060

MC

ws

ooolOl

Case 1:03-cv-02579-RPM
drilling industry national security not
Applicant procure the

Document 139-3
not detrimental the

Filed 01/11/2007
to the

Page 27 of 50
and/or

public of

safety

and
35

therefore

granting

this

petition

181
respectfully submits license error and without the that

further required

failure to with
37 As to use

accordance deceptive error

CFR

5.11
in the accompanying to in

intent
arose

stated

Declaration
patent

due

Applicants statutory periods Applicant statutory
system delayed periods

protection and protection

the

public

both

U.S
patent

almost the of

expired

seeking
to

end

determine he was

the not

marketability familiar not be

his the

periods
large sums

the of

Canada money
in his

Applicant system until

wish to

invest
its

ascertained

commercial in Canada and

viability

Furthermore
in that

Applicant

marketed his system provided
the largest In

persons showed licensed

market

greatest system upon to the

commercial Canadian filing of not the Canadian conclude

fact
for

Applicant

his

$17000.00
Application marketing
until or

conditioned

Patent his
test

Unfortunately
negotiate end the

Applicant agreement with

Canadian public

corporation
use

nearly

U.S

Canadian

statutory

periods The
March undersigned 1993 attorney was engaged by

Applicant Canadian

in

late

to prepare Both

U.S
had

corresponding be filed use in on

Patent

Application

Applications
prevent patent

before April bars countries
and

19
abrogating

in

order

public rights to of expiration

statutory those

Applicants
it
37

Accordingly
comply

was

impossible
because

complete limited of could

application
time period

with

CFR

5.11
and

between
time

commencing periods
prospective

the

work

Essentially
foreign filing

Applicants filing
of license

Attorney for

not

procure Application

U.S
had

because
past

if the

Canadian would

Application his

19
Both the

Applicant

Canadian
filed

patent
on the

rights

U.S

and

Canadian

were

WS

000102

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 28 of 50

sante

day
In

in

order

beat Applicant in the late

the respectfully filing decision foreign Patent Applicant he would of to

bars
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addition
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intent

rather

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protection
attorney

resulted in the had with patent
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proscribed the Canadian

filing

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contemporaneously only his

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in Canada

the
had no and alternative then seek

agreement
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file the

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attorney

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foreign Applicant

184
proper

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procure

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35

therefore

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that

the

required been

184
Applicant

met and
retroactive
Applicant

respectfully
license under

requests 35

the

of

foreign

filing the

184
$130.00 in

encloses this

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fee

under

37

117h

submitted

Respectfully
LAW

submitted
COMUZZI

OFFICES

Milan Building 1631 115 East Travis Street San Ant Texas 78205

DATE/97

7$/
ATTORNEY FOR APPLICANT

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 29 of 50

IN

THE

UNITED

PATENT

TRADEMARK

OFFICE

In

re application BOBBIE

of
08/050527

Docket Attorney 3-0106.01
Examinjng be

No

Serial

No

Atty

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Filed For
AUTOMATIC

19
DRILLING

SYSTEM

MAY Soigga
DECLARATION OF DONALD COMUZZI
...fla..t

COMMISSIONER OF AND TRADEMARKS Washington D.C

Attn

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and

Review

Sir
DONALD am

COMUZZI
patent Patent

declare

as

follows
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registered

before

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United
and

States

Office
Bobbie Joe

Registration

No 22852
the
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subject
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Bowden

in

ref erenced

The

matter now any

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secrecy to both order the nor has of Canadian it been

Patent under

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not at

under
time

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drawn

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and
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license

receipt
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contacted patent

March
for filing

1993 both

and

requested
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applications
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in the

Canada

discussing
that used Because use the

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filings with
matter and to

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after similar had

ascertained publicly

subject

in both both the

Canada on
have and

April one

20

1992
public

U.S

and

statutory

WS

000104

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 30 of 50

Canadian

Patent

Applications at the

had time or

filed

on

or

before

April

19

1993
of

Accordingly
had

undertaking
in

the which

representation
to

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both rights

than applications the

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file patent

to

preserve

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and file the

Canada
the Canadian

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alternative

except with

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then seek the

contemporaneously retroactive
limited

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Application
35

license

USC

fl84

because and

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to

prepare

file

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sought of the proteotion late

within the
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marketability
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Laws

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until he

money in his

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to

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reduced
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system

Canada and

persons the was of able to

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market

commercial system upon

interest
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fact

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sum

$17000.00

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application on April

executed to was file

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19

Additionally
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date

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accomplished
Based upon

by fax
agreement

Canadian Canadian

Applicants

with

the

B01060l.DEC

WS000IO5

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 31 of 50

coupled

with Canadian Patent

payment Application

of was Because filed no

initial equally both later important to and

Applicants Applicants Canadian

U.S

Application
Application had to no to be obtain

U.S
April foreign

Patent had no

19

1993
license canadian the

opportunity had

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further

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file

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filed his

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Canadian Patent the until

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rights
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19

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submission

required by

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information

researched with the

appropriate Licensing for

Mr

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procedure 35

Review

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to

proper under

obtaining further

concerning seeking Canadian

Applicants
patent

decision

to market

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Canada with
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protection regarding

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automatic
statutes

system
accumulating this and 5.25 to request the

After

researching

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Petition
5.14

Declaration

with filing

37

retroactive
have submitted

under
this in

35 within to diligently Canadian DECLARANT one seek

that

Petition

and

month
license to

proscribed retroactively

foreign permit the

order of

filing

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Patent SAYETH

Application

FURTHER

NOT

BOlOGOl .DEC

wS

ooolO6

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 32 of 50

hereby knowledge
belief are so are are

declare true and to that be all

statements statements made

herein on

of

my own
and

information these

believed

true
willful

further
false

that

statements the like

made with knowledge made are
punishable such of the by

statements

fine

or

imprisonment or
may or

both under
jeopardize patent the

USC

1001

willful or

false application

validity thereon

document

issued

Respectfully

submitted

LAW

DONALD COMUZZI 1631 Milam Building 115 Travis Street San Antonio Texas 78205

2102250007

nAlWTtIt/9
-F

ATTORNEY

FOR

APPLICANT

CERTIFICATE

OF the Post

United

is hereby certify paper States Postal Mail Express Addressee service under 37 on the date and the Commissioner of Patents

Office to indicated below Trademarks

Washington
Express Mail

D.C

20231

No

3RSMkOt

$t72USDate5t0t3
S1a

-4B0l06-01

ws0001

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 33 of 50

LA
_______

rI1

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UNITED
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COMMERCE
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OF

PATENTS

SEcRETARY AND COMMISSIONER AND TRADEMARKS

WaaNngtonD

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JUL19

1993

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Serial

REVIEW

Bobbie

No

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Filed

08/050527 19 1993

Thle

AUTOMATIC

DRILLING

SYSTEM

This

is

to for
is

the

petition

tiled

license
petition

foreign
at this

on May U.S.C

for

the grant
identified

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above

application

time

The
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petition

noted

statute just

requires
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filing

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in is

all

circumstances not
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time or
for of

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convenient

CFR
under which
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for

expedited
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many
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petition

where an can be
of

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pending

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date be

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day basis
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petition

need
executed

copy

be

foreign

filed

need

not

application

Concerning
declaration

the

37 Comuzzi

5.25afl3iii
support
of

It

not

entirely

the
if

Donald
to at to

the before

as

to

what consideration
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it

any was
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issue and
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no consideration

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not clear as
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knowledge
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or could

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why was and
if

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given

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to in

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procedures
inquire of

obtaining

what attempts can

any were made
allow proper without

Office

whether
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to
filing

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Canada
information

No

the proscribed

be

such

WS

000108

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 34 of 50

Accordingly
petition letter

of

CFR
any response

not having
wIthin

fully

met
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denied

and
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in

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such denial
time

and
under

final

action under

60 35 U.S.C

of this

185

will

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Extension

may be had

CFR 1.136a

Tubbesing Review Examiner Special Laws Administration Group
Licensing

703

308-1685

Donald
1631 Milam Bldg 115 East Travis Street San Antonio 78205

WS

000109

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 35 of 50

iN

THE

UNITED

AND

In re application
BOBBIE JOE

of
BOWDEN

Serial

No
April

08/050527

Filed For

19
DRILLING

AUTOMATIC

LICENSINS

REQUEST
PETItION

FOR

RECONSIDERATION
TECHNICAL

FOOETROACTIVE
FILE FOREIGN

LICENSE EXPORT APPLICATIOI3IJNDER

$184

CO1IISS

lONER

AND TRADEMARKS D.C Washington

20231
and

Attn Sir
In

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Review

response

to

Denial

of

Applicants
Applicant Comuzzi resulted

Petition presents

for

Retroactive Supplemental explanation foreign Declaration proscribed regarding as sets foreign

mailed
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July

to supplement
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proscribed That
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CFR

5.25a3iii
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the

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only
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to cover the

license

proscribed
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filings that though there foreign was no and

attorney filing license

mistake could
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procedure obtained on

corresponding Trademark the not failure willful

U.S

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Patent

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or

submits that was

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intentional
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procedure

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Applicant
of Donald

respectfully Comuzzi intent

Supplemental showing accordance

satisfies under 35

without

deceptive

with

37

Applicant

ws00011O

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 36 of 50

therefore original retroactive
and earnestly license

reconsideration solicits under the

of

Applicants
of

granting

Respectfully

submitted

LAW OF DONALD CONUZZI Ittlam 1631 Building 115 Travis Street San Antonio Texas 78205

512

2250007

Date

By
P.eq

CERTIFICATE

OF

MAILING

with the hereby certify that this paper is deposited United States Postal Service Post Office to Nail Addressee service 37 on the date indicated below and addressed to the of and Patents Trademarks D.C 20231 Washington
Express Mail

No

VQflL2

1JJ$ Date

it

k2

BO1O6RE.CON

-2-

WS

000111

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 37 of 50

IN

THE

UNITED

PATENT

AND TRADEMARK

OFFICE

In

re

BOBBIE
Serial

of application JOE BOWDEN

Docket Attorney B-0106.O2

No

No

08/050527

Examiner

TJI

Tubbesing

Filed

19
SYSTEM

For

AUTOMATIC

SUPPLEMENTAL

DECLARATION

OF

COMUZZI

COMMISSIONER AND Washington

OF

PATENTS

D.C
and Review

Attn Sir

Licensing

DONALD

as patent Patent represent attorney and

follows
to practice before

am United
States

registered

the

Office
Joe

registration Bowden
in the

number above

22852
referenced
As

Applicant

application
stated in

previously me in late

my

prior

declaration
requested the United

Applicant prepare
States tiled of and

contacted patent

March
for filing

and both

applications Both April Both on their

in

Canada
later

Canadian

to be
in each

no

than

19

1993

to and

avoid

countries
and filed The

U.S
common

Canadian

applications date tiled
to of

were

completed 1993 proper

statutory was

April

19
the

Canadian
filing for

without

prospective proper PTO procedure prior
to

due

my mistake

regarding the applications

filing of foreign patent with
its

or

contemporaneously
At the

corresponding filing however

U.S
knew

application that
foreign that

time of the
license license

proscribed required

tiling no such

was

nistakenly

believed

could on

obtained
file in

until there was Patent
to

corresponding Trademark contemporaneous to file license

U.S

application

the
procedure

and cover was

the
of

proper

U.S

and foreign patent applications and although
seek

the foreign patent application
under 35 USC

retroactive the

4184

Thus

considered

WS

000112

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 38 of 50

necessity

of

foreign the was way to

Canadian
the

application
of my client

patent

rights
then

to file

both applications

simultaneously

and

seek In

retroactive an

attempt
in

comply

with
foreign

the

no

procedures

believed consulted
37

were CPa

correct
Part

bar
of

determine
License under

the

requirements

Petition Unfortunately
Part

or

Retroactive inadvertently to the grant

5.25
sections licenses of due

overlooked prospective

pertaining belief that my clients
inquiry

my mistaken solve failed

only foreign the

retroactive filing

problem
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to

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regarding

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the

time was

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proscribed following filing

Canadian the

foreign

filing
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diligently foreign proper license

no

procedures if

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license
for obtaining

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aware foreign

procedures

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In

prior

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license oould file at

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filed

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and then
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diligently rectroactive within the without any

complied

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proscribed filing occurred failure to

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proper

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not intentional
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but
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occurred

my mistake

BO1O6DEC.2

000113

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 39 of 50

FURTHER
hereby declare true and to

SAYETH

NOT
statements made herein on

of my
and

knowledge

are

that be

all

information

belief are believed are made with so made
are

and
willful

further
false statements

statements like

knowledge by

punishable that such

fine

or

imprisonment or both
uiay

under 18
the

USC 41001 and

willful

false or

jeopardize issued

validity of the

document

application

patent

thereon

Respectfui.ly

submitted
COMUZZI

LAW OF DONALD 1631 Milam Street 115 East Travis Texas San Ante 782

fllO

00

DATE

_____________

By

RM
ATPORNEY

FOR APPLICANT

CERTIPZCATP that this pper is the hereby deposited United States Postal Service Post Office Express Mail to Addressee -service under 37 1.10 on the Indicated below and addressed the Commissioner of Trademarks D.C Washington
Express

Mail

No

QO 3Q S1

tSDate

tI

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Ana

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flJ3M4A

Robinson

B01O6DEC.2

WS

000114

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 40 of 50

UNITED
Patent

STATES
and

DEPARTMENT
PATENTS
20231

COMMERCE
ThADEMAPICS DOCKET

Trademark

to
SERIAL

Address

COMMISSIONER
Washington D.C

NUMBER 04/19/93
matter desalbed
In the

APPLICANT

ATTORNEY

08/050527
fl
Plus

Bobbie

.3

Bowden
the petition

ApplIes

only

snssredj

IXAMINER

ART

UNIT

PAPSR

NUMBER

Donald
1631 115 San
1111am

Ccsnuzzi

Bldg
Street 78205

DATE MAILED

ii/UU/94

East

Travis

Antonio

TX

uXozooeUbeuo
license

U.S.C
the

184

to

file

In

any

forelpi

country

application

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any

arnendsnenta the

corresponding

to

subject

matter of

the

and/or

any

material

petitions

505397 LICENSE

This to April

is

NO
11/08/93

granted with

retroactive respect

Canada

DATE

Commissioner

of

ltend

lradesssarks

This

license

Identified This

empowesv the above snbseqnens
does net

filing

ole
the

foreign such or continuances

or applications application originating

on

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ailbject

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license

empower

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country

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modifications
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a

to be

may

at snythne

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sped

Indicated of does or the of Depsrtrnent Depsrtsnenl of of not of licensee the certain Implements of of other or the agencies Itagulatioss matter of
techssieel

The pant
Covcrssment should tions

this

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any

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responsibility

subject export

tmposed

contract

provisions current

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to espionage with respect

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LICENSE
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FOREIGN
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35

States

1952

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1841861861

PTO.200

IRis

Si

ws

ooollS

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 41 of 50

CFba

II 1I
31

UNITED
Patent

DEPARTMENT
and
Tradeinatk

OF

ASSISTANT OF PATENTS Washington

SECRETARY
D.C

AND COMMISSIONER

trpi

gxpaga
Serial

08sV50527

Filed Title

19
DRILLING

of the In view filed on May 1993 under 35 U.S.C has determined that foreign filing 184 the filings listed below complies respect 37 CFR 5.25 in that matter in there is an adequate showing was diligently sought question was not under secrecy order that the license and the material was filed abroad the 37 CFR

5.11

first

been

through

error

and

deceptive

country Canada
April

Approved

ai
M1/fl

J

WS

000116

Case 1:03-cv-02579-RPM

Document 139-3
Patent
Address

Filed 01/11/2007
Trademark COMMISSIONER
Weehingtcn D.C OF

Page 42 of 50
COMMERCE

UNITED
Offlo PATENTS AND

TRADEMARKS

LRlAL

NUMBER

RUNG

DATE

FIRST

NAMED

INVENTOR

ATTORNEY

DOCKET N9J
01

05/050527

04/19/93

BOWDEN csA1tP
CSP1I/0

B0106
EXAMINES

126
ART
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DONAU
1631 115

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SAN

MILAN BUILDING TRAVIS EAST TX 73205 ANTONIO

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3506
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for

matters

ii to the

merits

accordance

under

Si

Oueyle

Ci

11 453

Oilier

EXAMINERS
Pfl42e

nn.e

WS

000117

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 43 of 50

Serial

No
3506

Art unit

Restriction

to

one

of

the

following

inventions

required

under

35

U.S.C
Claims

1-11

an subclass

automatic

drilling

system

classified

Class claim

175

24
pressure

II
in Class

12 744
drawn

fluid

sensor

classified

73

subclass

III
Class

Claim

13

to

compensation

valve

classified

12
IV
Claim

14

drawn

to

hydraulic

load

cell classified

in

Class

73

subclass

290R
and
II

Inventions

are

related

as

combination are

and

subcombination
it can be shown

Inventions

relationship combination as

distinct
does

claimed as

not for

require the

particulars
and other the

of

subcombination subcombination

claimed

patentability
itself or in

has

utility by
In the

combinations combination
as

M.P.E.P
claimed as claimed the

806.05c
not require

instant

case
of

particulars system
or

subcombination
does not

the drilling
fluid pressure sensor

invention

require it may

invention The

II

for

instance

electronic utility such

pressure
as

sensor
fluid

subeombination apparatus

has

downhole

Inventions

and

Iii

are related
in this

as

combination are

and

subcombination

Inventions

relationship

distinct

if

WS

000118

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Page 44 of 50

Serial

No

08/050527

Art Unit

3506

it

can

be

that particulars and other the the

the of that

combination

as

claimed as

does

not
for by In the the

require the

the

subcombination subcombination

claimed utility

patentability
itself instant or in

has

combinations
combination as

M.P.E.P
claimed as does

806.05c
require because the

case
of

particulars system of
invention The

subcombination II instance has separate not

claimed the

drilling valve

invention

require

compensation
can as be in

III

valve utility such

subcombination

surface

pipeline

pressure regulation
Inventions subconibination it can be the and IV

ae

related as
in

combination
are

and

Inventions that the of that

relationship
as

distinct
does

if

claimed

require

particulars
and

subcombinationas
the

claimed has

for

patentability
itself instant or

subcombination

utility by
In the

in other

combinations
as

M.P.E.P
claimed as does not require

case
of

the combination
the

particulars
system system level such of of

subcombination
does

claimed
the

because fluid an has level

drilling warning
fluid

invention invent

require

IV
system
fuel

instance

it may

electronic
separate

detecting
as

subcombination tank
fluid level

utility

automobile

detection

Inventions

II

and

III

and

IV

are

related

as

subcombinations

WS

000119

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 45 of 50

Serial
Art

No
3506

Unit

disclosed

as

usable are

together distinct In as the

in from each it they are II

subcombinations be separately

shown
has See

usable
such

instant

case

invention

separate M.P.E.P

utility

downhols

fluid

sampling

apparatus

806.056
inventions acquired are distinct status for
iii

Because

reasons
art as

given by

above their

and

have

separate

the

shown

classification as indicated

for

examination

purposes
Any to

proper
should telephone

inquiry

concerning

directed 308-2170

Examiner

Dr

flay at

number

Tsay/ph

24

7-

WS

000120

Case 1:03-cv-02579-RPM
no
Pofitfi

Document 139-3
U.S
Patent

Filed 01/11/2007
ATThQIMENTTOPflERIAJIMeS Grace

Page 46 of 50

ala

OF COMUEnOS
end

I5ethm3
NOTICE
TIlE
ctt

DRAFTSPERSOWS
nrtAlnsMr1
WEILI2 ItEV1EW

DRAWING
III

REVIEW
PAIFW1

IO

ALt DIPORMAL

IAWIHGIt tTICn4AU.Y
.flfl

111
tUMINIZU

FiIISIGIsIATEL

in

IWIAL

ALSO

It

TOIl

MJPIMIICE

NSAlt.ATlOt4S

UIgIqc4
Thndrawingsflled are approved tt by
the drattsperson

-.--..---

.4ri

nbjectad

to

by

rtraftsporcon corrected

37
at thu

c1R
time

chocked

htntnw

examiner be submitted

wifi toilet

suhniissiun
lnstructlnns

now

drawings

appropriate

must

on

the

Paper

and

37

HatchIng

and

Shading

Sheets_
tue
at

______Poor

Shade

tines

are

Required

r4g
Paper
Sizes

Acceptable

and Margins

Hatching

Not Allowed

IWI
Marvin

avmy

aviwerl
2lby2Sloe

Flgs__
Double
Line hatching

t4hdts

Allowed

tii
tell Right Iltethire

hirAm
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1WC2$Ofl
IMSs
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Parts

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1/4di

l/4kdj
Size

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or Incorrectly

Proper
All

Required Must be

Reteronce
Chaactml

Sized

Sheets

Same
Reference

Sheets
Characters Incorrectly

Hgs

STOP
OLEFT
Character

RIGHT

Vlews.37CFRI.84l
Hgures Must be

98OrIOM
1.84c
and

FIgures

Connected

Hgs 8.0
identifIcation Matter

37CR
or

Extraneous Marks Not

Copy

Allowed

s.D
Photographs Not Approved

Changes PTC-948

Not
dated

Prior

____________

Comments

__2trdr

l.ihQ..s

Telephone

Inquires

concerning

this

directed

to the

Chiet Dreftsperson

at

telephone

number

Rwtead4oaliepemco NolerAny
objection to the drawings by the wel

Date

be communicated

separately

In

anoflice

PTO Copy

WS

000121

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007
ft

/j

Page 47 of 50

UNITED

PATENT

AND

TRADEMARK

OFFICE

Attorney

Docket

B0106.Ol
Serial

Examiner
They

For

AUTOMATIC

lb

ucTDTrrTrna

PRnTITRfl4RNP

COMMISSIONER OF PATENTS AND TRADEMARKS D.C Washington

Sir
In response
to the restriction Group

requirement mailed

January

26

1994

Applicant

elects

i.e

Claims

111

examination
Respectfully

submitted

LAW OFFICES DONALD 1631 Milam Building 115 Travis Street San Antonio texas

2102250007

DATE

3ciL

Wf
Christopher Makay

Req

34475

CERTIFICATE

MAILING

that this correspondence is deposited hereby certify with the United States Postal Service Express Mail Post Office to Addressee service under 37 C.F.R indicated 1.10 on the below addressed the COMMISSIONER PATENTS AND TRADEMARKS 20231 Washington D.C

Express Mail

No

ye.3Ifl 952903

Date

.1b

Ant

Robinson

WS

000122

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007
STATES

Page 48 of 50
COMMERCE
TRADEMARKS

UNITED
Patent
Address

DEPARTMENT
001st
OF

Trademark COMMSSIONER
Waahlngton

PATENTS

L5UAL

NUMBER

FIRST

_________________________

NAUEHNVENTOR

ATTORNEY

DOCKET NO

08/050.527

04/19/93

BOWDEN

B-0106.O1

_______________________
LrfSAV
EXAIIVNER

C5MI/

0311
Awrnw

DONALD
1631 115

SAW

COMUZZI BUILDING EAST TRAVIS STREET ANTONIO 78205 MILAN

3506
DATEMAILED

03/11/94

The wnvn.mlcallon COMMISSIONER DF

hem

the

scanner

In

eppilceiatt

PMEWI$

TRADEMMIKS

ThIs

application

has

been

examined

Responsive

to

communIcation

flied

on__________
monlhs

me

action

is

nSa

fInal

ci
shortened Failure to statutory period
for

response

to

this

Ii

set the

caglito

the

data

this letter

respond

period

for reeponse

wilt

cause

become

abandoned

Part

THE
NotIce NotIce

FOLLOWING

ARE

PART

THIS

AcTiotit

References of All Cited on

by by Applicant to Eflect

PT0402
P70-1442 Changes
Notice

rs Patent

DrawIng
Patent Application

InformatIon

Now

Pert

claims

/1
OS the

are

above

claims

ZP

penctng

the

eppscaucn

ste

withdrawn

consideration

2.0
Claims
are

atlowed

JR

are

rejected

are

objected

to

CIalma

we

eublect

to restriction

or election

34

This

sppllcaftcn

bee

been

flied

with

1.85

are

acceptable

tot

purposes

Formal

drawIngs

we

required

In

response

to

this

Office

The
are

corrected

or substitute not

drawings acceptable

have been see
explanation

on
or Notice re Psfant

Under

acceptable

PT0448

10

The examIner

eddltlonsi disapproved

or substitute

Iliad

on

hea

have

been

approved

by

the

explanation

11

The proposed

drawing

correction

on

_______________

has

been

approved

dleepprcved

13

Acknowledgment been
filed In

Is

of

for

priorIty

under

U.S.C

cartifled

copy

baa

been

not

been

received

..
sppeera to

13

SInce

be

for

except

for formal

matters4

proeecullon

as

to the

Is

closed

In

accordance

wIlt

the

under

pane Qusyfe

C.D

11 453

213

14.0

Other

EXAMINERS
Pfl425

ACTION

ws

ooolZ3

Case 1:03-cv-02579-RPM

Document 139-3

Filed 01/11/2007

Page 49 of 50

Serial Art

Number
3506

08/050527

-2

Unit

Part

III

ACTION

Applicants
Paper

election

Group 1994

i.e

claims

1li

in

No
did

filed

on

February
and

acknowledged
out the

Because
the

applicant supposed been

not distinctly
in election

specifically

errors as

requirement
traverse

election has

treated

M.P.E.P

818.03a
The quotation of

paragraph

35

U.S.C
The

112
specification of shall written and

description

the

invention

manner

it
enable any or with the same and the inventor The first and/or as the skilled it is most nearly set forth the of carrying out his is objected failing to to

of making and process and exact terms as to art which it pertains to make use best

mode contemplated invention
35

by

under

U.S.C
how
to an

112
make enabling

adequately failing to

teach

use the

invention

provide

disclosure
As best

understood
system to any for

applicant

an release of the

automatic
of

drilling
in

control response the

drilling

combinations drilling

drilling parameters drilling torque
the

including and rate of

weight

pressure

drilling
drill bit string

rpm
release and

Applicant increases with
or

decreasing

fluid and

pressure versa

weight

drilling torque

decreasing

rpm

WS

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Document 139-3

Filed 01/11/2007

Page 50 of 50

Serial

Number
3506

08/050527

-3-

Art Unit

In

this the rate are in

apparently

tails factors

to

consider

that

during

affecting any

penetration parameter
rate

interrelated
affect the

change

one

will

while holding
the of drill

of penetration
In of this drill

constant

by controlling
for due to

string
the rate

invention string will as release

increasing

decreasing
the

bit in

when

first

detected
and to

cause

increase to of the

drilling torque
one

consequence
decrease would

according the rate

would

immediately

releasing

the

drill
to the

have
to occur

created
the control the the

conflict

system
rpm rpm

Similar contradiction bit between
the It logical or

between
and

and the and also
as has

between

the

drilling and

torque

pressure

the at the

parameters least
respect

well

view that

failed to provide conflicts
that can be

how

such art

resolved things

Because

it

among

other

relationship parameters

between

the

rate

of

penetration pressure
the

including

pumping
are

rpm
and

the one

and the
can

drilling torque
one

interrelated parameter Gatlin

interactive others

not

simply isolate

trom

the

see Petroleum
herein
as

by Carl

pp 114-131

reference

WS

000125