DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “one or more position sensors” in line 10. The claim further recites that the one or more position sensors includes a first position sensor and a second position sensor. This appears to mean that the one or more sensors has at least two sensors. Therefore, it is unclear if the limitation is intended to include in its scope only one sensor of the one or more sensors.
Claims 2-10 depend on claim 1 and are rejected for inheriting the same problem.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-12 and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2021/0364100 by Ackermann (“Ackermann”) in view of U.S. Patent Application Publication 2019/0383414 by Brown et al. (“Brown”).
As for claim 1, Ackermann discloses a flowmeter (Fig. 2) that comprises:
an inlet (202) configured to receive a fluid;
an outlet (204) configured to provide the fluid mixture to a conduit;
a chamber (defined by 201 and 246) extending between the inlet and the outlet;
a seat (216) defining a throat within the chamber;
a movable element (214) biased (by 225) against the seat and configured to move in response to pressure of the fluid; and
a circuit including:
one or more position sensors (244) including a first position sensor (244) configured to determine position data indicative of a position of the movable element (paragraph [0066]);
one or more pressure sensors (240, 242) configured to determine pressure data associated with the fluid in the chamber; and
a processor (232 and paragraph [0067]) coupled to the one or more position sensors and to the one or more pressure sensors (see Fig. 2), the processor configured to determine a volume of the fluid that is flowing through the chamber based on the position data (paragraph [0021]), the processor configured to determine a flow rate of the fluid based on the pressure data and the position of the movable element (paragraph [0020]).
Ackermann does not disclose that the flowmeter is a multiphase flowmeter, the fluid is a fluid mixture including oil, water, gas and debris, that the one or more position sensors include a second position sensor as recited, and that the processor is configured to determine cut data as recited.
However, Brown discloses a flowmeter that is a multiphase flowmeter (Fig. 2),
the fluid is a fluid mixture including oil, water, gas and debris (paragraph [0043]),
one or more position sensors that includes a second position sensor (422) configured to determine static position data (paragraph [0071]), and
a processor (paragraph [0068]) configured to determine cut data of oil and water of a fluid mixture that is flowing through a chamber based on position data, static pressure data, and data determined from the one or more position sensors (paragraph [0068]).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the flow meter of Ackermann to be a multiphase flowmeter that operates on a fluid mixture and includes the second position sensor and the functions of the processor as disclosed by Brown in order to increase the versatility of the flow meter by allowing it to be used in any environment for flow measurements of a chaotic fluid mixture (Brown: paragraph [0043]).
As for claim 2, Ackermann as modified by Brown discloses that the processor is configured to determine one or more frequency components within the position data and to determine a volume of gas from the fluid mixture based on the one or more frequency components (Brown: Abstract).
As for claim 3, Ackermann as modified by Brown discloses that the processor is configured to determine a flow rate of liquid components of the fluid mixture based on the position data and the pressure data (Ackermann: paragraph [0020] and Brown: paragraph [0068]).
As for claim 5, Ackermann as modified by Brown discloses that the processor is configured to determine vibrations of the movable element based on the position data and to determine a volume of gas flow through the chamber based on the vibrations (Brown: Abstract and paragraphs [0070], [0096], [0124]).
As for claim 6, Ackermann as modified by Brown discloses that the circuit includes a cut sensor to determine the cut of oil and water within the fluid mixture (Brown: paragraph [0064]).
As for claim 7, Ackermann as modified by Brown discloses that the movable element within the chamber provides a variable cross-sectional area within the chamber that varies with the fluid pressure to produce a variable Venturi as the fluid mixture flows through the chamber (Brown: see Figs. 7 and 8).
As for claim 8, Ackermann as modified by Brown discloses an upper housing including a fluid flow path around the one or more position sensors and including a return path to the chamber (Brown: see Fig. 4), wherein the fluid flow path prevents hydraulic pistoning of the movable element (because the flowmeter of Brown has the same structure as the disclosed invention, the flow meter of Brown has the same function of preventing hydraulic pistoning).
As for claim 9, Ackermann as modified by Brown discloses that:
the inlet (Ackermann: 202) includes a first cross-sectional area (Ackermann: see Fig. 2);
the outlet (Ackermann: 204) includes a second cross-sectional area that is approximately equal to the first cross-sectional area (Ackermann: see Fig. 2); and
the chamber (Ackermann: defined by 201 and 246) includes a third cross-sectional area that is greater than the first cross-sectional area (Ackermann: see Fig. 2); and
entrained gas expands and separates from the fluid mixture within the chamber causing the movable element to vibrate (Brown: paragraph [0070]); and
wherein a volume of the chamber varies based on the position of the movable element providing a variable Venturi (Brown: see Figs. 7 and 8).
As for claim 10, Ackermann as modified by Brown discloses that the movable element (Ackermann: 214) comprises a check disk (Ackermann: 214) of a valve.
As for claim 11, Ackermann discloses a flowmeter comprising:
a circuit comprising:
a pressure sensor (240) configured to determine pressure data associated with a fluid flowing through a chamber (defined by 201 and 246) of a valve (214) from an inlet (202) to an outlet (24);
a position sensor (244) including a first position sensor (244) configured to determine position data associated with a position of a movable element (214) within the chamber that is configured to move in response to pressure of the fluid mixture; and
a processor (232 and paragraph [0067]) configured to determine:
a flow rate of the fluid mixture based on the pressure data and the position of the movable element (paragraph [0020]).
Ackermann does not disclose that the flowmeter is a multiphase flowmeter, the fluid is a mixture that includes oil, water and gas, a second position sensor as recited and that the process is configured to determine first and second volumes as recited.
However, Brown discloses a flowmeter that is a multiphase flowmeter (Fig. 2),
a fluid that is a mixture that includes oil, water and gas (paragraph [0043]),
a second position sensor (422) configured to determine static position data (paragraph [0071]); and
a processor (paragraph [0068]) that is configured to determine:
first volumes of the gas and liquid from the fluid mixture based on frequency data determined from the position data (Abstract and paragraphs [0070], [0096], [0124]); and
second volumes of the water and the oil (i.e. a liquid volume) within the fluid mixture based on one or more of a cut sensor or a change in an electrical parameter of position sensors (paragraph [0068]).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the flow meter of Ackermann to be a multiphase flowmeter that operates on a fluid mixture and includes the second position sensor and the functions of the processor as disclosed by Brown in order to increase the versatility of the flow meter by allowing it to be used in any environment for flow measurements of a chaotic fluid mixture (Brown: paragraph [0043]).
As for claim 12, Ackermann as modified by Brown discloses that:
the inlet (Ackermann: 202) includes a first cross-sectional area (Ackermann: see Fig. 2);
the outlet (Ackermann: 204) includes a second cross-sectional area that is approximately equal to the first cross-sectional area (Ackermann: see Fig. 2); and
the chamber (Ackermann: defined by 201 and 246) includes a third cross-sectional area that is greater than the first cross-sectional area (Ackermann: see Fig. 2); and
entrained gas expands and separates from the fluid mixture within the chamber causing the movable element to vibrate (Brown: paragraph [0070]).
As for claim 14, Ackermann as modified by Brown discloses that the processor is configured to determine vibrations of the movable element based on the position data and to determine a volume of the gas flowing through the chamber based on the vibrations (Brown: Abstract and paragraphs [0070], [0096], [0124]).
As for claim 15, Ackermann as modified by Brown discloses that the movable element within the chamber provides a variable cross-sectional area within the chamber that varies with the fluid pressure to produce a variable Venturi as the fluid mixture flows through the chamber (Brown: see Figs. 7 and 8).
As for claim 16, Ackermann as modified by Brown discloses:
a valve comprising:
the inlet (Ackermann: 202) configured to receive the fluid mixture;
the outlet (Ackermann: 204) configured to provide the fluid mixture to a conduit;
the chamber (Ackermann: defined by 201 and 246) extending between the inlet and the outlet;
a seat (Ackermann: 216) defining a throat within the chamber;
a movable element (Ackermann: 214) biased (Ackermann: by 225) against the seat and configured to move in response to the pressure of the fluid mixture.
As for claim 17, Ackermann as modified by Brown discloses an upper housing including a fluid flow path around the one or more position sensors and including a return path to the chamber (Brown: see Fig. 4), wherein the fluid flow path prevents hydraulic pistoning of the movable element (because the flowmeter of Brown has the same structure as the disclosed invention, the flow meter of Brown has the same function of preventing hydraulic pistoning).
As for claim 18, Ackermann discloses a flowmeter (Fig. 2) comprising:
a valve comprising:
an inlet (202) coupled to a first conduit to receive a fluid;
an outlet (204) configured to provide the fluid mixture to a second conduit;
a chamber (defined by 201 and 246) extending between the inlet and the outlet;
a seat (216) defining a throat within the chamber; and
a movable element (214) within the chamber and biased (by 225) against the seat, the movable element configured to move in response to pressure from the fluid mixture; and
a circuit comprising:
a pressure sensor (240) coupled to the chamber and configured to determine pressure data associated with the fluid mixture,
a position sensor (244) including a first position sensor (244) configured to determine position data associated with a position of the movable element (paragraph [0066]); and
a processor (232 and paragraph [0067]) configured to determine:
a flow rate of the fluid mixture based on the pressure data and the position data (paragraph [0020]).
Ackermann does not disclose that the flowmeter is a multiphase flowmeter, the fluid is a fluid mixture including oil, water and gas, that the position sensors include a second position sensor as recited, and that the processor is configured to determine a gas volume and a cut of oil recited.
However, Brown discloses a flowmeter that is a multiphase flowmeter (Fig. 2),
the fluid is a fluid mixture including oil, water and gas (paragraph [0043]),
position sensors that includes a second position sensor (422) configured to determine static position data (paragraph [0071]), and
a processor (paragraph [0068]) configured to determine a gas volume of the gas from the fluid mixture as a fluid mixture flows through a valve based on vibrations of the movable element determined from the position data and static position data (Abstract and paragraphs [0070], [0096] and [0124]); and
a cut of oil and a cut of water within the fluid mixture based on an electrical parameter determined from the position sensors (paragraph [0068]).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the flow meter of Ackermann to be a multiphase flowmeter that operates on a fluid mixture and includes the second position sensor and the functions of the processor as disclosed by Brown in order to increase the versatility of the flow meter by allowing it to be used in any environment for flow measurements of a chaotic fluid mixture (Brown: paragraph [0043]).
As for claim 19, Ackermann as modified by Brown discloses that:
the inlet (Ackermann: 202) includes a first cross-sectional area (Ackermann: see Fig. 2);
the outlet (Ackermann: 204) includes a second cross-sectional area that is approximately equal to the first cross-sectional area (Ackermann: see Fig. 2); and
the chamber (Ackermann: defined by 201 and 246) includes a third cross-sectional area that is greater than the first cross-sectional area (Ackermann: see Fig. 2); and
entrained gas expands and separates from the fluid mixture within the chamber causing the movable element to vibrate (Brown: paragraph [0070]); and
wherein a volume of the chamber varies based on the position of the movable element providing a variable Venturi (Brown: see Figs. 7 and 8).
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2021/0364100 by Ackermann (“Ackermann”) in view of U.S. Patent Application Publication 2019/0383414 by Brown et al. (“Brown”) as applied to claims 1 and 11, further in view of U.S. Patent 3,693,435 issued to Cox et al. (“Cox”).
As for claims 4 and 13, Ackermann as modified by Brown discloses the multiphase flowmeter of claim 1 and claim 11 (see the rejections of claim 1 and 11 above) and that:
the one or more position sensors (Brown: 420, 422) are exposed to the fluid mixture (Brown: paragraph [0068]); and
the processor is configured to determine a cut of oil and water within the fluid mixture based on a characteristic of the fluid mixture determined from a change of the one or more position sensors (Brown: paragraph [0068]).
Ackermann as modified by Brown does not explicitly disclose that the characteristic of the fluid mixture is a dielectric of the fluid mixture and that the dielectric is detected from a change in capacitance of the one or more position sensors. Instead, Brown discloses that the cut of oil and water is based on generic signals received from the one or more position sensors (Brown: paragraph [0068]).
However, Cox discloses a processing means (see Fig. 1) that is configured to determine a cut of oil and water within a fluid mixture based on a dielectric of the fluid mixture determined from a change in capacitance of one or more sensors (Cox: col. 3, line 60 - col. 4, line 10).
Because Brown and Cox both disclose processing means and sensors that use signals to determine a cut of oil and water, it would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to substitute the processor and signals of Cox for the processor and signal of Brown to achieve the predictable result of providing structures that can determine a cut of oil and water.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2021/0364100 by Ackermann (“Ackermann”) in view of U.S. Patent Application Publication 2019/0383414 by Brown et al. (“Brown”) as applied to claim 18, further in view of U.S. Patent 8,570,050 issued to Nyfors (“Nyfors”).
As for claim 20, Ackermann as modified Brown discloses the multiphase flowmeter of claim 18 (see the rejections of claim 18 above) and that:
the circuit is configured to determine a water the cut of water and the cut of oil of the fluid mixture based on signals from the one or more sensors and the position sensors (Brown: paragraph [0068]).
Ackermann as modified Brown does not disclose one or more sensors including one or more of a salinity sensor, a chemical sensor, or a spectrometry sensor.
However, Nyfors discloses one or more sensors (3) including one or more of a salinity sensor (3), a chemical sensor, or a spectrometry sensor.
Nyfors and the Ackermann-Brown combination disclose the multiphase flowmeter and the one or more sensors, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. One of ordinary skill in the art could have combined the multiphase flowmeter of the Ackermann-Brown combination and the one or more sensors of Nyfors by attaching the one or more sensors of Nyfors to a wall of the body of Ackermann or Brown as suggested by Fig. 2 of Nyfors, and that in combination, the multiphase flowmeter and the one or more sensors merely perform the same function as each does separately. Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the present application to modify the multiphase flowmeter of the Ackermann-Brown combination by including the one or more sensors of Nyfors to achieve the predictable result of providing a sensor that can sense the salinity of the fluid mixture.
Response to Arguments
Applicant’s arguments with respect to claims 1, 11 and 18 have been considered but are moot in view of the new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN N OLAMIT whose telephone number is (571)270-1969. The examiner can normally be reached M-F, 8 am - 5 pm (Pacific).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN N OLAMIT/Primary Examiner, Art Unit 2853
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