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 .
Response to Arguments
Claim Rejections - 35 USC § 112
The amendments to claim 8 overcome the rejection under 112(b) and the rejection has been withdrawn.
Claim Rejections - 35 USC § 102
The amendments to claim 8 does not overcome the prior art. Claim 8 now recites the limitation “wherein the plurality of pump stages comprises contrahelical pumps” and this limitation is taught by Sheth. Sheth discloses helical fluid movers 310A, B as discussed in pp[0070] and shown in Fig. 8. Helical fluid movers 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.
For the above reasons, the rejection to claim 8 will be maintained.
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, 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 (stationary auger 302 is a “pump stator” because rotating drive shaft 304 extends through the stationary auger 302; pp[0037]) to mix and homogenize the multiphase fluid from the fluid conditioner (In light of the 112(b) rejections above, the limitations have been interpreted as best able. 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.)
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.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lamia Quaim whose telephone number is (469)295-9199. The examiner can normally be reached Monday-Friday 10AM - 6PM CST.
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/LAMIA QUAIM/ Examiner, Art Unit 3676
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676