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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/26/2026 has been entered. Claims 1-13, 15-21 are pending in the application, claims 1-10, 16-21 are withdrawn.
Response to Arguments
Applicant's arguments filed 02/11/2026 have been fully considered but they are not persuasive.
Applicant’s arguments concerning Falster Hansen have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Interpretation
Claim 11 recites limitations of inlet and outlet nozzles extending through a flange, nozzle is interpreted in view of the instant disclosure, in particular Fig 8, to include a connection between the inside and outside of the vessel, or equivalents thereof.
Claim Rejections - 35 USC§ 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 11, 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Robertson (US 5,582,652) or, in the alternative, under 35 U.S.C. 103 as obvious over Robertson (US 5,582,652) in view of Desormeaux (US PG Pub 2006/0130879).
With respect to claim 11, Robertson teaches removing fines, such as sand, from a tank by directing a fluid into the tank to create a slurry and suctioning the slurry from the tank (abstract, a solids removal system), desanding system 20 comprising pipe system 40 and pressure line 44/section 58, and drain line 46 (C3/L10-64), pressure line 44 supported by frame 70, frame 20 comprising angle iron sections 72, brackets 74, and legs 76 (a supply coupled to a support structure, C3/L65 – C4/L11, Fig. 2-7, Fig 7 shows leg 76 which would inherently be frictionally engaged with an inner surface, absent clarification of what is required by frictionally engaged, Robertson’s leg in contact with the tank satisfies the limitation), pressure line 44 includes ports 90 (supply header, C4/L12-41, Fig. 3), drain line 46 with inlets 110 (C4/L55-C5/L5, Fig. 3, a return header coupled to the support structure), fluid is jettisoned through outlet ports 90, which may be fitted with nozzles (C5/L12-41, a jetting nozzle in fluid communication with the supply header), the tank includes an access door 29 and frame 30 (C3/L22-30, which appear to be a flange, Fig. 1, 2), Pressure line 44 extends through a sealed hole 52 in access door 29 and extends through drain line 46 to sealed outlet 54 (C3/L37-65, Fig. 2, see claim interpretation above, an inlet and outlet nozzle extending through the flange, coupled to the headers).
With respect to the support engaged with a surface of a separator pressure vessel, this appears to be directed to an intended use, examiner notes intended use of the apparatus is not accorded patentable weight where the statement of intended use does not distinguish over the prior art apparatus (see MPEP 2114).
Alternatively with respect to frictional engagement and a flange, Desormeaux teaches a solid removal system in a vessel with a manifold support system, manifold assemblies, and nozzles causing solids to become suspended and then extracted by a pump, where individual jetting manifolds are fluidly connected to a flange (abstract, 0008-0009, 0021-036), and manifolds retained in place by a manifold support system comprising tensioning rods with height adjustment members which allow for securing of the manifolds inside the vessel (0024-0025, tensioning rods providing frictional engagement).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Robertson’s taught system to include a flange and tensioning, as flanges and tension or frictional securing of headers are known in the art for similar systems, in order to secure the headers, and the courts have held that combining prior art elements according to known methods to yield predictable results would have been obvious to a person of ordinary skill in the art before the filing date, see MPEP §2143.
With respect to claim 15, the solids removal system of claim 11, is taught above. Robertson teaches three openings in door 29 including seals 52 and 60, and hole for an end 102 of drain line 46 as discussed above (C3-C4, Fig.2, the flange comprises a blind flange having a first opening therethrough for the inlet nozzle and a second opening therethrough for the outlet nozzle).
Claims 12, 13 are rejected under 35 U.S.C. 103 as obvious over Robertson (US 5,582,652) in view of Desormeaux (US PG Pub 2006/0130879).
With respect to claim 12, the solids removal system of claim 11, is taught above. Robertson does not teach a second supply header having a length longer than the supply header and a second return header having a length longer than the return header.
Desormeaux teaches a manifold assembly comprised of a plurality of manifolds or conduits, where manifolds may consist of one or two independent sections, individual manifolds connected to a flange, each section of the manifold corresponding to a designated port on the flange (0035), manifolds configured to fit the interior of a particular tank or vessel, and each manifold or individual manifold section is connected to a control valve positioned outside the vessel, such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the taught combination to include additional manifolds or a second supply header, to allow for isolation of sections of the tank and control of circulation (0033-0035), and having a length longer than the supply header and a second return header having a length longer than the return header, depending on the geometry and size of the vessel and distance to respective control valves, and in order to allow for cleaning along the entire length of a vessel (Desormeaux 0021-0027).
With respect to claim 13, the solids removal system of claim 11, is taught above. Robertson teaches the pressure line includes coiled portions comprised of several sections (C3/L38-64) and frame 70 comprising iron sections 72 secured in generally orthogonal relation by brackets 84, brackets preferably located at every cross-section of the pressure line and frame, thus frame 70 supports and maintains the pressure line in generally horizontal position above the tank bottom, absent clarification of what is required by adjustable, as the location of the brackets and angle iron sections can be modified, Robertson’s frame appears to provide wherein a size of the support structure is adjustable, in order to maintain the height above the bottom of the tank, additionally it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the length of the angle irons depending on the size of the tank, such that the size is adjustable.
Alternatively, Desormeaux teaches manifolds retained in place by a manifold support system comprising tensioning rods with height adjustment members which allow for securing of the manifolds inside the vessel (0024-0025, a size of the support structure is adjustable), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the taught combination to include adjustable size supports as described by Desormeaux in order to secure the apparatus within a vessel with various dimensions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEANNIE MCDERMOTT whose telephone number is (571)272-4479. The examiner can normally be reached Monday - Friday 8:30 - 5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vickie Kim can be reached at 571-272-0579. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JEANNIE MCDERMOTT/Examiner, Art Unit 1777
/BRADLEY R SPIES/ Primary Examiner, Art Unit 1777
Prosecution Insights