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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09 February 2026 has been entered.
Response to Arguments
Applicant's arguments filed 09 February 2026 have been fully considered but they are not persuasive.
With respect to Applicant’s argument regarding the rejection of claim 54 under 35 USC 112 (b), the examiner respectfully disagrees. The term “unique” has not been defined; and there is no indication within the claim language that the term “unique” is in reference to the term “replicate”. The term “unique” is not the term to use if the writer/Applicant wants to claim that the sample contained in two or more containers undergo different tests. The tests that are performed on the sample are not one of a kind type tests to justify use of the term “unique.” What makes these tests unique with respect to other tests than can and have been performed previously or in the prior art?
Applicant did not appear to amend claims 64-65, which contained language rejected under 35 USC 112(b). Thus, the rejection of these claims is repeated.
Applicant’s amendment, filed 09 February 2026, with respect to claims 47, 60, and 66 have been fully considered and are persuasive. The nonstatutory double patenting rejection of claims 47-52, 5-6, 59-63, 66, and 68 has been withdrawn.
Applicant’s arguments/amendment, filed 09 February 2026, with respect to the rejection(s) of claim(s) 47-52, 55-63, and 65-69 under 35 USC 102 (a)(1) and 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 2013/0199286 (Gao et al.).
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 54, 64-65, and 70 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.
Re claim 54, claim line 3: It is unclear how the term "unique" is to be defined.
Does unique simply mean a different analysis from the analysis that is performed in
another container; or does unique mean an analysis that is one of a kind or unlike
anything else? Since the term is undefined, the metes and bounds of the term are unknown. Therefore, the term and the claim are deemed to be indefinite.
Re claim 64, claim line 3: The term "optionally" is deemed to be indefinite
because it is unclear if the limitations that follow are actually present. Optionally
suggests that the limitations/structure may be there or may not be there; but the claim is
unclear when the optional condition occurs and when it doesn't occur, which is indefinite.
Re claim 64, claim line 4: The phrase "the one or more containers" lacks
antecedent basis. Moreover, it is unclear what containers are being referenced. Applicant has claimed both "one or more sample containers" (claim lines 1-2) and "one or more other containers" (claim line 2); thus, it is unclear if either grouping or a separate group of containers are being claimed.
Re claim 65, claim lines 4 and 7: The term "optionally" is deemed to be
indefinite because it is unclear if the limitations that follow are actually present.
Optionally suggests that the limitations/structure may be there or may not be there; but
the claim is unclear when the optional condition occurs and when it doesn't occur, which is indefinite.
Re claim 70, claim line 1: The phrase "can be" is deemed to be indefinite because the phrase is a conditional recitation whose situation is unknown. Specifically, the phrase is unclear because the conditions for the phrase are unknown, such that one does not know if and/or when the container is fluidly connected to one or more additional containers. The term is not a positive recitation; and the limitations that follow the term may or may not occur based on the conditional situation of fluidly connecting the container. If the container is not fluidly connected, is any additional properties measured? Does one have to address this claim if the container is not fluidly connected because the claim does not require a fluid connection with the container?
Claim Rejections - 35 USC § 102
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.
Claims 47-51, 55-56, 58-63, and 65 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US 2013/0199286 (Gao et al.).
With respect to the limitations of claim 47, Gao et al. disclose a method of analyzing a sample directly in a container (title), comprising the steps of:
providing the container (a sample container (10) is provided – Figures 1-5);
obtaining the sample to be analyzed in the container, the sample being obtained from a sample source (a sample from a formation (30) is introduced into the sample chamber (10) – Figures 1-4);
performing one or more measurements on the sample directly in the container with a reader (volume and density measurements are performed on the sample directly within the container by utilizing a reader/magnetic field sensor (132) to locate a magnet (76) on a piston (20) within the container (10) to determine a volume of the fluid within the container along with the mass of the container to determine density – paragraphs [0030-0031], [0041-0045] and Figures 5 and 8-9);
visually outputting the one or more measurements to a device (output devices (116), such as a display, are coupled to a processor (112), which controls some or all of the functionality attributed to the test system (100) and/or control unit (110) – paragraph [0027], lines 7-22 and Figure 5);
wherein the container is not temperature-controlled (no temperature control of the container is disclosed).
With respect to the limitations of claim 48, Gao et al. disclose that the sample is formation fluid (paragraph [0001], line 1), which applies to petroleum or a petroleum liquid sample, as formation fluids are naturally occurring liquids and gas contained in geologic formations; and can include substances, such as hydrocarbons, water, and non-hydrocarbon gases. Thus, petroleum and petroleum liquid samples would be obvious in view of a hydrocarbon being one possible formation fluid captured in the sample container.
With respect to the limitations of claim 49, Gao et al. further disclose that the sample is measured directly in the container without removal of sample from the container, such that the sample is not exposed to an external environment to the container (testing is performed on the sample without opening the sample chamber – paragraph [0015], lines 1-8).
With respect to the limitations of claim 50, Gao et al. further disclose that the one or more measurements comprise weighing the sample (mass of the sample container empty and containing a sample is made – paragraph [0041], lines 3-6), density (paragraph [00015], line 9) or specific gravity, vapor pressure (vapor pressure is defined as the pressure exerted by vapor molecules when a liquid and its vapor are in equilibrium in a closed container, such that the closed container containing a liquid under high pressure at equilibrium is capable of being measured, as the pressure within the container is measured), sulphur content, water content, viscosity, color, and/or refractive index.
With respect to the limitation of claim 51, Gao et al. further disclose that the density depends on the temperature at the time of sampling (density of a liquid is temperature dependent, such that the density being measured within the sample chamber depends on the temperature at the time of sampling).
With respect to the limitation of claim 55, Gao et al. further disclose that one or more measurements comprise determining the vapor pressure of the sample (vapor pressure is defined as the pressure exerted by vapor molecules when a liquid and its vapor are in equilibrium in a closed container, such that the closed container containing a liquid under high pressure at equilibrium is capable of being measured, as the pressure within the container is measured).
With respect to the limitation of claim 56, Gao et al. further disclose that the sample is obtained from the sample source at the pressure of the source (sample is obtained directly from the formation – paragraph [0015], lines 3-6 and Figures 1-4), wherein the pressure of the sample is maintained during transport and/or testing of the sample (testing is performed without opening the sample chamber – paragraph [0015], lines 6-8 and 12-15 and Figure 5).
With respect to the limitation of claim 58, Gao et al. further disclose that
(i) the container and/or the reader comprise a processor configured for processing the one or more measurements to obtain processed data; or
(ii) the one or more measurements obtained from the sample are analyzed by external processors to obtain processed data (a processor (112) located within the control unit (112), but located external to the sample container (12) and reader (132), analyze the one or more measurements of the sample – paragraph [0027], lines 9-19 and Figures 5 and 8-10).
With respect to the limitation of claim 59, Gao et al. disclose that the sample is formation fluid (paragraph [0001], line 1), which applies to a petroleum sample, as formation fluids are naturally occurring liquids and gas contained in geologic formations; and can include substances, such as hydrocarbons, water, and non-hydrocarbon gases. Thus, a petroleum sample would be obvious in view of a hydrocarbon being one possible formation fluid captured in the sample container.
With respect to the limitations of claim 60, Gao et al. disclose a system configured for analyzing a sample directly in a container (title), the system comprising:
one or more sample containers configured for storing the sample to be analyzed (reference discloses fluid samples received in sample chambers – paragraphs [0001], lines 7-13 and [0015], lines 12-15), the sample being obtained from a sample source (a sample from a formation (30) is introduced into the sample chamber (10) – Figures 1-4, although more than one sample chamber has been disclosed (see above)); and
one or more sample readers configured for directly analyzing the sample in the one or more sample containers to provide one or more measurements of the sample (volume and density measurements are performed on the sample directly within the container by utilizing a reader/magnetic field sensor (132) to locate a magnet (76) on a piston (20) within the container (10) to determine a volume of the fluid within the container along with the mass of the container to determine density – paragraphs [0030-0031], [0041-0045] and Figures 5 and 8-9);
wherein the one or more sample containers are not temperature-controlled (no temperature control of the sample containers (10) is disclosed).
With respect to the limitation of claim 61, Gao et al. further disclose
a reader configured for visualizing the one or more measurements (a reader/magnetic field sensor (132) locates a magnet (76) on a piston (20) within the container (10) to determine a volume of the fluid within the container, the results of which are sent to a processor (112) coupled to output devices (116), such as a display, for visually displaying results – paragraphs [0027], lines 7-22, [ 0030-0031], [0041-0045] and Figures 5 and 8-9).
With respect to the limitation of claim 62, Gao et al. further disclose that the system comprises two or more sample containers (reference discloses fluid samples received in sample chambers – paragraphs [0001], lines 7-13 and [0015], lines 12-15).
With respect to the limitations of claim 63, Gao et al. further disclose that the system further comprises one or more of the following characteristics:
(i) the two or more sample containers are fluidly connected to each other;
(ii) the two or more sample containers are fluidly connected to each other and the sample is capable of being analyzed in each of the two or more sample containers;
(iii) the one or more measurements comprise weight of the sample (mass of the sample container empty and containing a sample is made – paragraph [0041], lines 3-6), density (paragraph [00015], line 9) or specific gravity, vapor pressure (vapor pressure is defined as the pressure exerted by vapor molecules when a liquid and its vapor are in equilibrium in a closed container, such that the closed container containing a liquid under high pressure at equilibrium is capable of being measured, as the pressure within the container is measured), sulphur content, water content, viscosity and/or refractive index; and
(iv) the system further comprises a processor (a processor (112) located within the control unit (112) analyze the one or more measurements of the sample – paragraph [0027], lines 9-19 and Figures 5 and 8-10).
With respect to the limitation of claim 65, Gao et al. further disclose that
(i) one or more of the sample containers and/or one or more of the sample reader comprise a processor configured for processing the one or more measurements to obtain processed data, optionally, wherein the processed data is in communication with an external device to display the processed data on a screen thereof; or
(ii) the one or more measurements obtained from the sample are analyzed by external processors to obtain processed data (a processor (112) located within the control unit (112), but located external to the sample container (12) and reader (132), analyze the one or more measurements of the sample – paragraph [0027], lines 9-19 and Figures 5 and 8-10); optionally, wherein the processed data is in communication with an external device to display the processed data on a screen thereof (processor (112) is coupled to output devices (116), such as a display, for visually displaying results – paragraphs [0027], lines 19-22 and Figure 5).
Claim 52 is rejected under 35 U.S.C. 103 as being unpatentable over US 2013/0199286 (Gao et al.) as applied to claim 47 above, and further in view of US 2012/0011919 (Kriel et al.).
With respect to the limitations of claim 52, Gao et al. disclose all of the limitations of the base claim, fail to disclose that the sampling source is a pipeline, storage tank, tanker truck, or rail car.
Kriel et al. disclose a system configured for automated analysis of pressurized reservoir fluid utilizing a valve (108) coupled to one or more high pressure fluid sources. Sources of pressurized reservoir sources include any combination of conduits (112) transporting live crude, such as pipelines or wellheads (paragraph [0020], lines 1-2 and 6-9 and Figure 1). Modifying Gao et al. to sample from a pressurized pipeline would have been obvious to one of ordinary skill in the art at the time of filing the invention as a means of obtaining samples from sources that are not so remote from the operator.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Prior art was not relied upon to reject claims 53- because the prior art of record fails to teach and/or make obvious the limitations of the following:
Claims 53-54: Providing two or more containers positioned in an array, wherein each of the two or more containers are fluidly connected with each other in combination with all of the remaining limitations of the instant claim and all of the limitations of the base claim. Claim 57: Providing the container is in communication with one or more containers via a central processing unit in combination with all of the limitations of the base claim.
Claim 64: Providing one or more sample container in communication with one or more other container via a central processing unit in combination with all of the limitations of the base claim.
Claims 66-70: Providing a method comprising utilizing a container comprising: a sample chamber capable of being fluidly connected to a sample source for flow-through sampling, and a measurement chamber, wherein the measurement chamber is capable of being fluidly connected to the sample chamber, the sample chamber comprising: an inlet valve and an outlet valve for flow-through sampling of the petroleum sample, a measurement valve for releasing the sample to the measurement chamber, and an inline filtering component disposed between the measurement valve and a point of connection of the sample chamber to the measurement chamber, the measurement chamber comprising: at least a first chamber fluidly connected to one or more sensors for measuring pressure and temperature, and a closure valve in combination with all of the remaining limitations of the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art disclose sampling from a pipeline and determining many different characteristics of the fluid sample.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL SEAN LARKIN whose telephone number is 571-272-2198. The examiner can normally be reached M-F 9:00 AM - 5:30 PM.
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, Laura Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL S LARKIN/Primary Examiner, Art Unit 2855