DETAILED ACTION
Notice of 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/07/2026 has been entered.
Response to Arguments
Claim Rejections - 35 USC § 102
The amendments to claim 8 does not overcome the prior art. Claim 8 has been amended to recite “the plurality of pump stages comprises contrahelical pumps configured to create vortices with low pressure areas adjacent a stator.” This limitation raises numerous 112(b) indefinite issues. The term “low” is relative and has not been defined in the claim. Furthermore, the specification does not provide any objective standard for determining what qualifies as “low” pressure (e.g. relative to pump inlet pressure or numeral range(s) that is considered “low pressure”). Furthermore, para[0006] of the specification discusses “While not wishing to be bound to any particular theory it is believed that the addition of the stages 20 generates low pressure areas in stator..”, however the claim requires “adjacent a stator”. It is unclear whether the low pressure areas are located inside the stator or externally adjacent to the stator. For these reasons, the metes and bounds of the limitation is indefinite. However, as best understood, Seth teaches this limitation because helical fluid movers 310A,B (contrahelical pumps) fluidly communicate with augers 302A/302B which are helical structures that create whirling motion by imparting rotation to the fluid. Vortex is a mass of whirling fluid which will create low pressure areas adjacent sleeve 330A/330B (stator) (Fig. 4, 8, pp[0036], [0039]). Therefore, Seth teaches “the plurality of pump stages comprises contrahelical pumps configured to create vortices with low pressure areas adjacent a stator.” and the rejection to claim 8 will be maintained.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 8, the claim recites “contrahelical pumps configured to create vortices with low pressure areas adjacent a stator” and there is inadequate written description support for this limitation. Para[0006] of the specification discloses “While not wishing to be bound to any particular theory it is believed that the addition of the stages 20 generates low pressure areas in stator”. The specification does not provide written description support for “low pressure areas being located adjacent a stator” because the disclosure specifically discuses “low pressure areas in stator”. Furthermore, the disclosure admits that the creation of “low pressure areas” is speculative and unverified. The specification does not describe the physical structure of the vortices or describe a definitive structural case-and-effect relation between the pumps and the “low pressure areas”. Because the claim is based on disclosed hypothesis, the written description requirement is not met.
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.
Claim 8 is 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.
Regarding claim 8, the claim recites “contrahelical pumps configured to create vortices with low pressure areas adjacent a stator” which is indefinite. The term “low” is relative and has not been defined in the claim. Furthermore the specification does not provide any baseline or objective standard for determining what qualifies as “low” pressure (e.g. relative to pump inlet pressure or numeral range(s) that is considered “low pressure”). Furthermore, para[0006] of the specification discusses “While not wishing to be bound to any particular theory it is believed that the addition of the stages 20 generates low pressure areas in stator..”, however the claim requires “adjacent a stator”. It is unclear whether the low pressure areas are located inside the stator or externally adjacent to the stator. Because the claim language contradicts with the relationship disclosed in the specification, a POSITA cannot determine the metes and bounds of the above limitation.
The recitation of “stator” is indefinite because it is unclear whether the scope of the claim positively requires “a stator” as a structural component or if the claim is directed solely to a pump that is capable of operating near an unclaimed external stator. The structural boundaries of the claimed invention cannot be determined. Therefore, for the above reasons, the metes and bounds of this claim is indefinite.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 8 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sheth et al. (U.S. Publication No. 20230010704).
Regarding claim 8, as best understood, Sheth teaches a downhole multiphase fluid conditioner (ESP
assembly 150; Figs. 1, 2) comprising:
a head (255; pp[0032]);
a base (203; pp[0032]); and
a plurality of pump stages (pump assembly 112 comprises pump stages; pp[0025], Figs. 2, 4) connected to a gas separator (an integrated gas separator and pump assembly 112; pp[0049]) having a plurality of gas exits (gas phase discharge ports 314;pp[0059], Fig. 4) and configured to facilitate gas expulsion from the gas separator (the drive shaft 304 causes the one or more impellers 416 to spin or rotate to force the fluid 126 through the stationary auger 302 (or other fluid mover such as a paddle wheel) into the separation chamber 303 where the fluid 126 is separated into a gas phase 426 and a liquid phase 428. The gas is expelled via gas discharge ports 314; pp[0051][0059], Fig. 4) and to generate pressure in the plurality of pump stages (Acceleration of the fluid will reduce the fluid's pressure as a matter of well understood fluid dynamics described by Bernoulli's Equation in the same manner as the present case.) in a pump stator ( “pump stator” 330A, 330B/330; pp[0038]) to mix and homogenize the multiphase fluid from the fluid conditioner (The one or more impellers 416 and the one or more diffusers 418 emulsify or mix the components of the liquid 126; pp[0051], Fig.4 ), wherein the plurality of pump stages comprises contrahelical pumps (helical fluid movers 310A, B; pp[0070], Fig. 8. Note that 310A,B are “contrahelical pump stages” because they have helical impellers and helical angle of the pump, combined with rotation, acts contra-gravity and lifts fluid upward.) configured to create vortices with low pressure areas adjacent a stator (helical fluid movers 310A,B fluidly communicates with augers 302A/302B which are helical structures that create whirling motion by imparting rotation to the fluid. Vortex is a mass of whirling fluid which will create low pressure areas adjacent sleeve 330A/330B (stator); Fig. 4, 8, pp[0036], [0039]).
Conclusion
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/LAMIA QUAIM/ Examiner, Art Unit 3676
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