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 .
Status of the Claims
Claims 1-2, 4-8, 10-12, 15-17, 19-21, and 23-25 are currently pending.
Claims 1-2, 4-8, 10-12, 14-17, 19-21, 23, and 25 are withdrawn from consideration.
Claims 3, 9, 13-14, 18, and 22 have been canceled.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/02/2026 has been entered.
Response to Amendments
Applicant’s amendments filed 06/02/2026 have been entered.
Claims 1-2, 4-8, 10, 15-17, and 19-21 have been amended. Claims 3, 9, 14, 18, and 22 have been canceled. Claims 23-25 have been newly added.
The preamble of claim 1 has been amended from the elected continuous flow engine skid component to an apparatus comprising an engine and a continuous flow engine skid component. Thus, the amended claims are directed to a different invention than the originally elected continuous flow engine skid component and are thus withdrawn in view of the previous election and the originally presented claims. Claim 25 is likewise withdrawn due to being a method claim and also drawn to a non-elected invention.
A new Section 102/103 rejection has been implemented for the newly added claim 24.
A new Section 112(b) rejection has been implemented for the newly added claim 24.
Election/Restrictions
Newly submitted claims 1-2, 4-8, 16-17, 19-21, 23, and 25 are directed to an invention that is independent or distinct from the invention originally claimed and elected in a restriction response for the following reasons: Claims 1-2, 4-8, 16-17, 19-21, and 23 are drawn to an invention that is distinct from the previously claimed continuous flow engine skid component as the amended and newly added claims require an apparatus comprising an engine and a continuous flow engine skid component. Claim 25 is drawn to a non-elected method invention. For patentably distinct inventions, see MPEP §§ 806.05(a) and 806.05(c) - 806.05(j).
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 1-2, 4-8, 16-17, 19-21, 23, and 25 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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.
Claim 24 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 24,
The combination of limitations requiring the continuous flow engine skid component to contain a matrix material that contains a nonmetal inorganic or organic matrix followed by the requirement that the matrix material is characterized by a concrete material, a gypsum material, or a geopolymer material is indefinite. It is unclear if the limitations requiring the matrix material to be characterized by concrete, gypsum, or a geopolymer is only if the matrix is a nonmetal inorganic as all three options are inorganic materials or if it’s an additional component of the matrix. For examination purposes, the limitation requiring the matrix material to be characterized by concrete, gypsum or geopolymer materials is only if the matrix is a nonmetal inorganic. The limitation will be considered optional if the matrix is organic.
Claim Rejections - 35 USC § 102/103
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.
(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.
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.
Claim 24 is rejected under 35 U.S.C. 102/103 as being anticipated and/or unpatentable over Spratt et al. (US 2015/0207383 A1) in view of Beneventi et al. (US 2023/0347584 A1).
Regarding claim 24,
Spratt teaches a composite material for supporting a generator (structurally may be considered a skid as a skid is structurally a plate component) (Spratt: abstract; par. 0005). The skid component comprises or consists of a composite material (a matrix material) of a thermoplastic or thermoset polymeric material (an organic matrix) and may optionally be reinforced with glass fibers (an inorganic filler/additive material that is a reinforcement material) (Spratt: par. 0013).
Claim 24 is drawn to a continuous flow engine skid component, the limitations requiring the component to be part of a flow engine skid or adapted to be part of a continuous flow engine skid that is adapted to fixate a continuous flow engine in a specified position are functional limitations or intended use of the claimed skid component. See MPEP 2173.05(g). As the skid component may be in the form of a base that attaches to an engine and is made of the claimed materials, it is fully capable of being adapted into the claimed engine skid.
Additionally, the limitations requiring the matrix material to be characterized as a concrete material, a gypsum material, or a geopolymer material is interpreted as explained in the Section 112(b) rejection above. That is, they are treated as optional. As Spratt teaches an organic matrix, the claim is met.
Response to Arguments
Applicant’s arguments filed 06/02/2026 regarding amended claim 1, and it’s dependents, and the newly added method 25 claim are moot as the claim has been withdrawn as the invention has been changed to a non-elected invention as explained above.
Applicant’s arguments toward newly added claim 24 have been fully considered but are not found persuasive as the argument that the claim now requires the matrix material to be concrete, gypsum, or geopolymer are considered to be indefinite and interpreted to be optional as explained above. As Spratt teaches an organic matrix, the claim is satisfied.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Travis M Figg whose telephone number is (571)272-9849. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maria Veronica D. Ewald can be reached at 571-272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRAVIS M FIGG/Primary Examiner, Art Unit 1783
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