UNITED STATES PATENT AND TRADEMARK OFFICE
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`SWM International, LLC and
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`NexTier Completion Solutions LLC,
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`Petitioner,
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`v.
`
`DynaEnergetics Europe GmbH
`
`Patent Owner.
`
`
`
`Case No. PGR2021-00097
`
`Patent 10,844,697
`
`
`DECLARATION OF DANIEL MARKEL
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`SWM and NexTier Ex. 1007 – Page 1
`SWM and NexTier v. DynaEnergetics
`PGR2021-00097 – U.S. Patent No. 10,844,697
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`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`SWM International, LLC and
`
`NexTier Completion Solutions LLC,
`
`Petitioner,
`
`v.
`
`DynaEnergetics Europe GmbH
`
`Patent Owner.
`
`
`
`Case No. PGR2021-00097
`
`Patent 10,844,697
`
`
`DECLARATION OF DANIEL MARKEL
`
`
`
`
`
`
`
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`SWM and NexTier Ex. 1007 – Page 1
`SWM and NexTier v. DynaEnergetics
`PGR2021-00097 – U.S. Patent No. 10,844,697
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`I.
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`INTRODUCTION
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`PGR2021-00097
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`Patent No. 10,844,697
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`
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`1. My name is Daniel Markel. I am over the age of eighteen (18) and otherwise
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`competent to make this declaration.
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`2. I have been retained by SWM International, LLC (“Petitioner”) as a consultant
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`to provide factual information concerning a perforating gun system designed
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`and manufactured by Schlumberger (referred to herein as the “SafeJet
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`System”). I have no financial interest in Petitioner and am being compensated
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`for work as a consultant at my normal hourly rate.
`
`II. BACKGROUND
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`A. Work Experience
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`3. I worked for Schlumberger from March 1988 to April 2016. I was involved
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`in the engineering of over 40 commercial products, including perforating
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`tools, down-hole accessories, and dissolvable fracturing plugs. My
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`responsibilities included product design, project management, qualification
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`testing, field manual documentation, intellectual property procurement,
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`design for manufacturing, archival of design documentation, and quality
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`1
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`4. During my time at Schlumberger I held various positions, including a
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`mechanical design engineer for a dissolvable frac plug, a testing support
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`engineer for another dissolvable frac plug, and a mechanical engineer for
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`various perforating systems, including the SafeJet perforating gun system.
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`5. My resume is attached as Exhibit 1029.
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`III. SCHLUMBERGER SAFEJET SYSTEM
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`A. Work Experience with the SafeJet system
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`6. In late 2007, I joined the SafeJet perforating gun system team as a mechanical
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`engineer and was responsible for the mechanical design of certain components
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`of the SafeJet system, as described below in more detail. I left the SafeJet
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`team in 2010 to move to a different project.
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`B.
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`Problems Addressed by the SafeJet System
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`7. The introduction of perforating gun systems that allow the selective firing of
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`different guns in a single run required additional wiring to allow each of the
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`different guns to be selectively fired. Accordingly, each gun requires
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`additional wiring that must be connected during the assembly of the system
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`prior to deploying the system into a wellbore. Therefore, previous selective
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`fire perforating systems required multiple connections for every gun that is
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`included in the run.
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`8. Final assembly of a perforating gun system is performed at the wellsite.
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`Therefore, in previous selective fire perforating gun systems, numerous wires
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`were joined between the guns in the field during assembly, as shown in p. 8
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`of Exhibit 1005. The wires were often crimped or joined together using
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`Scotchlok connectors.
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`9. The method of individually joining wires together was susceptible to mistakes
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`and/or pinched wires. Unfortunately, mistakes made during the joining
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`process were not necessarily discovered until after the device was downhole.
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`10. Individually joining wires together was also time consuming. A typical,
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`selective fire perforating gun can require five wire connections. For example,
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`a typical run can include dozens of individual guns. In my experience, I would
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`expect a field technician to take approximately one minute to join a wire
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`connection. Therefore, it may take a field technician hours to make all the
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`3
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`connections for a typical gun perforating gun system run.
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`C. The SafeJet System’s Solution
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`11. The SafeJet system addressed the shortcomings of previous selective fire
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`perforating gun systems in several ways.
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`12. First, the SafeJet system utilizes an addressable-switch firing system that
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`includes a series of microprocessors to check and arm each gun. The
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`addressable-switch firing system of the SafeJet was used with radio frequency
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`safe detonators that utilized exploding foil initiator (EFI) technology, which
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`requires a specific high voltage and current for pulse detonation.
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`13. Second, the use of the addressable-switch firing system reduces the number
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`of electrical connections that need to be made between each gun in the system.
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`The SafeJet system only requires a single signal connection and a single
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`ground connection between each gun.
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`14. Third, the SafeJet system utilizes mating connectors to facilitate the electrical
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`connections the perforating guns. In particular, the SafeJet system uses
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`mating connectors between the loading tube of each perforating gun and the
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`disposable bulkheads that are disposed between each of the perforating guns
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`4
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`of the SafeJet system, allowing electrical connections between each of the
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`perforating guns.
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`15. Therefore, the SafeJet minimizes the number of electrical connections and
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`eliminates the joining of wire connections between guns when assembling the
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`perforating gun system. Further, the SafeJet allows for more reliable and rapid
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`electrical connections between guns and consequently can be fully assembled
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`at the field shop and safely transported to the wellsite and without any
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`additional assembly at the wellsite.
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`
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`D. Later Perforating Guns
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`16. After testing, various changes were made to the SafeJet in perforating gun
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`systems that followed the SafeJet, such as the Fractal perforating gun system.
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`In particular, to reduce the cost of adapting the plastic loading tube of the
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`SafeJet to different perforating applications, the Fractal perforating gun
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`system utilizes a metal loading tube that could be adapted to different
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`perforating applications at a lower cost. However, many aspects of the Fractal
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`perforating gun system, such as the electrical feedthru component, were
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`5
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`carried over from the SafeJet system.
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`E. Documentation Regarding the SafeJet
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`17. I have reviewed the presentation “Selective Perforation: A Game Changer in
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`Perforating Technology – Case Study,” identified as Exhibit 1005, and
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`confirm that the presentation accurately depicts my design of the mechanical
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`components of the SafeJet system. Further, I confirm that the presentation
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`accurately depicts the components, assembly, and operation of the SafeJet
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`system.
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`18. The photograph reproduced below is a true and accurate image of the feedthru
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`connector that I designed for the SafeJet system. It is my understanding that
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`this feedthru was located by Steve Olsen, who previously worked as a field
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`engineer on projects involving the SafeJet.
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`6
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`Ex. 1003, ¶24; Ex. 1023.
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`19. Based on my experience and recollection of the SafeJet system and the
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`feedthru connector provided by Steve Olsen, I created drawings of the
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`disposable bulkhead that I previously designed for the SafeJet system. Those
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`drawings are attached as Exhibit 1024. It is my understanding that the
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`drawings were used by the Petitioner to machine a model of the SafeJet
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`disposable bulkhead. Below is a photograph of that model, which I confirm
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`is an accurate representation of the SafeJet bulkhead, albeit using different
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`materials:
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`Ex. 1003, ¶24; Ex. 1023.
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`7
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`20. Below is a cross-sectioned version of the model bulkhead, combined with the
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`feedthru. Again, I confirm that these components accurately reflect the
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`structure of the original SafeJet system.
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`Ex. 1003, ¶24; Ex. 1023.
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`21. The photograph reproduced below is a true and accurate image of the loading
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`tube used in the SafeJet system. It is my understanding that this loading tube
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`was also located by Steve Olsen.
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`Ex. 1003, ¶24; Ex. 1023.
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`8
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`F. Overview of the SafeJet System
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`22. The SafeJet system is an addressable select fire perforating gun system. The
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`SafeJet system allows for a selected gun in a “run” or string of guns to be
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`separately addressed and fired by electrical signal initiated by the operator and
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`sent to the tool string independently from the other guns in the system to allow
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`for perforating operations in a desired well zone. A typical example of a
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`SafeJet system would include multiple perforating guns, assembled together
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`in an in-line, series, or tandem arrangement to be conveyed to a downhole
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`location. Each perforating gun of the SafeJet system includes a detonator that
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`can be addressed to allow detonation of the shaped charges held within the
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`perforating gun, allowing for a perforating operation within the desired well
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`zone.
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`23. Each SafeJet perforating gun includes three shaped charges that are detonated
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`to perforate the wellbore. The shaped charges are held and positioned relative
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`to each other and the outer carrier by the loading tube, shown below. The
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`loading tube includes three cavities to hold the shaped charges. The loading
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`tube of the SafeJet was formed from a molded plastic.
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`9
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`Ex. 1005, p. 10 (annotated).
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`24. Detonation of the shaped charges is controlled by the SafeJet board. The
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`SafeJet board includes an addressable-switch firing system (ASFS) and a
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`SecureTM detonator. The SecureTM detonator is activated or triggered by the
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`ASFS to detonate the shaped charges.
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`25. After activation, the SecureTM detonator triggers an exploding foil initiator
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`(EFI) to initiate detonation of the shaped charges. The explosion from the EFI
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`triggers an explosive train of a nona pellet (small explosive), which in turn
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`triggers the detonating cord, ultimately detonating the shaped charges.
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`10
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`Ex. 1005, p. 10.
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`26. The loading tube of the perforating gun provides a cavity to position the
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`SafeJet board therewithin. The SafeJet board extends to contact the nona
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`pellet and the detonating cord. The detonating cord extends along the length
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`of the loading tube to permit an explosive train from the SafeJet board to each
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`of the shaped charges.
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`Ex. 1003, ¶24; Ex. 1023.
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`11
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`27. The components within each perforating gun are isolated from the wellbore
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`pressure (both from static pressure and pressure from downhole perforation
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`operations), by the carrier and the disposable bulkheads.
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`28. The carrier is a metal tube that receives the loading tube of the perforating
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`gun. The carrier serves as the outermost layer of the perforating gun and
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`isolates the loading tube from the wellbore.
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`29. The carrier includes a threaded box end and a threaded pin end, which allows
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`the carrier, and therefore the perforating gun to the attached to another
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`perforating gun in series or tandem. The pin end of a first perforating gun
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`carrier threadedly attaches to the box end of another perforating gun carrier.
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`Ex. 1005, 9.
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`12
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`Ex. 1005, 12.
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`30. Further, the disposable bulkheads are inserted into each end of the carrier to
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`facilitate connections between perforating guns and isolate the loading tube
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`of each perforating gun from wellbore pressure and pressure from downhole
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`perforating operations. The bulkhead has two o-rings to seal against the inner
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`diameter of the carrier, isolating the interior of the carrier from the wellbore
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`and isolating one side of the bulkhead from the other side of the bulkhead.
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`
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`13
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`Ex. 1005, 10 (annotated).
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`31. In addition to sealing the carrier, the disposable bulkhead also provides
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`structural support to the carrier. The pin end of the carrier is a thin walled
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`section. Therefore, the bulkhead supports the thin walled pin end to withstand
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`downhole pressures. The shoulder of the bulkhead abuts the ends of the
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`carrier to position the bulkhead along the thin walled portion of the carrier.
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`32. An electrical feedthru passes entirely through a bore within the disposable
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`bulkhead to allow electrical communication between adjacent perforating
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`14
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`guns without joining or crimping wires. The electrical feedthru utilizes a
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`continuous conductor pin to provide a signal path and a two-part brass housing
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`to provide a ground path across the feedthru. The two parts of the brass
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`housing are in electrical contact to allow for a continuous ground path.
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`33. The central conductor pin is overmolded with polyetheretherketone (PEEK)
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`plastic to insulate the central conductor pin from the brass housing, therefore
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`isolating the signal path from the ground path. The overmold material was
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`later changed to polyetherketone (PEK).
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`34. The electrical feedthru utilizes male RCA style1 connectors on either end of
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`the feedthru to allow for an electrical and mechanical connection to the
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`feedthru. At each end of the feedthru, the conductor pin and the brass housing
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`form a coaxial RCA style connector. The conductor pin extends beyond the
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`end of the bulkhead. The brass housing portion that encircles the conductor
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`pin to form the connector is axially slotted to form fins that allow the outer
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`
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`1 Similar in style to the connectors found on consumer electronics such as
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`TV’s, DVD players, stereos, etc.
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`15
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`portion of the connector to radially move and retain a mating connector
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`therewithin.
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`35. Further, the feedthru isolates pressure from one side of the feedthru to the
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`other side of the feedthru. Therefore, when the feedthru is inserted in the bore
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`of the disposable bulkhead, the bulkhead and feedthru assembly isolate
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`pressure from one side of the feedthru and bulkhead assembly to the other.
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`36. First, the overmolding around the conductor pin acts as an electrical insulator
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`between the pin and the brass housing. The overmolding is in two parts so
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`that there is a space at the center of the conductor pin with no overmolding.
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`An o-ring fits over the conductor pin at this point to seal the conductor pin
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`against the inner diameter of the brass housing to seal or isolate one end of the
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`brass housing from the other end. The conductor pin has grooves cut into the
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`pin surface to allow the plastic to extend into the grooves, retaining the
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`conductor pin within the overmolding under downhole pressure and
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`perforating explosive shock.
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`37. Second, the brass housing of the feedthru seals against the bore of the
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`bulkhead to isolate pressure across the bulkhead. A male portion of the brass
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`housing engages within a female portion of the brass housing. Further, the
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`outer profile of the two parts of the brass housing mates against the inner
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`diameter of the bore of the bulkhead. Further, the feedthru includes an o-ring
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`around the outer profile of the brass housing, sealing the feedthru against the
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`inner diameter of the bore of the bulkhead.
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`38. The feedthru is threaded into the bore of the bulkhead to retain the feedthru
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`within the bulkhead. Therefore, an outer surface of the feedthru has threads
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`and a mating inner surface of the bore of the bulkhead has threads to engage
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`with the feedthru.
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`39. The loading tubes on either side of the feedthru and bulkhead are connected
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`using mating connectors. The loading tube include a mating female RCA
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`connector to mate with the male RCA connector on the feedthru. The loading
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`tube of the adjacent perforating gun also includes a female RCA connector to
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`mate with the male RCA connector on the opposite end of the feedthru.
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`17
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`Ex. 1003, ¶24; Ex. 1023.
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`40. The female RCA connector on the loading tube is wired to the SafeJet board.
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`That is, the two wires of the SafeJet board are connected to the female RCA
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`connector. The ASFS system allows for any perforation gun in the run to be
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`addressed and fired by using this two-conductor connection between guns.
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`41. At either end of the SafeJet loading tube, the flat axial face included one or
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`more small silicone tubes. These tubes were included to perform a shock-
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`absorbing function to increase the stability of the interface between the
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`bulkhead and the loading tubes.
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`18
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`42. After designing this feedthru and connector system, I was asked to create
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`reference documents regarding the design of the feedthru to share within
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`Schlumberger to enable personnel designing other products to utilize the
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`feedthru design.
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`G.
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`Public Availability of the SafeJet System
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`43. I attended perforating jobs using the SafeJet system at a ConocoPhillips site
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`in Grand Junction, Colorado in early 2009. ConocoPhillips did not sign a
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`non-disclosure agreement in connection with its use of the SafeJet system.
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`During these jobs, no attempts were made to obscure or hide details regarding
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`the components, assembly, or operation of the SafeJet system.
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`44. I am aware that other perforating jobs were conducted using the SafeJet
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`system during 2009, although I was not personally involved in those other
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`jobs.
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`IV. CONCLUSION
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`45. To the best of my knowledge and recollection, all statements made in this
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`declaration are true and accurate. I have personal knowledge of the facts set
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