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 .
The disclosure is objected to because of the following informalities: Para 21 (Pub) has an opening square bracket (“[”), but no closing square bracket. Appropriate correction is required.
Claims 1-7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
As to claim 1, the specification is not clear if the actually measured biocide concentration (“for measuring biocide concentration”, line 1) is that which is from the preliminary test sample that employs the pH analyzer 220 (lines 9-11, Para 21 Pub), or if the actually measured biocide concentration (“for measuring biocide concentration”, line 1) is that which is measured by way of the autosampler which “collects a sample to measure the concentration” (italics added, lines 13-16, Para 21 Pub), or even it requires both. As claim 1 somehow relates to at least 3 questionable possibilities (i.e. measuring pH, a different step of employing an autosampler, and even both) in the specification, claim 1 is effectively not enabling as to how biocide concentration is measured at all. The level of uncertainty extends to a failure to teach how to make and/or use.
Claims 1-12 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.
As to claim 1, the specification is not clear if the actually measured biocide concentration (“for measuring biocide concentration”, line 1) is that which is from the preliminary test sample that employs the pH analyzer 220 (lines 9-11, Para 21 Pub), or if the actually measured biocide concentration (“for measuring biocide concentration”, line 1) is that which is measured by way of the autosampler which “collects a sample to measure the concentration” (italics added, lines 13-16, Para 21 Pub). Understand, the specification appears (maybe) to describe two different ways to measure concentrations, but it’s not apparent which of the 2 claim 1 might relate to. It’s not clear exactly how claim 1 relates to the specification is indefinite.
As to claim 8, the preamble calls for “measuring biocide concentration” (line 1), but the body of the claim does not. (The body of the claim does relate back to the preamble via at least “the seawater” (line 3). As such, it’s not clear if the system is limited broad pH measuring and autosampling, or actual measurement of biocide concentration.
As to claim 8, do “the plurality” (line 4 from last) comprise a single autosampler? Such is what the claim suggests. Should “the plurality” (line 4 from last) have read - - each of the plurality - - ?
As to claim 8, do “the plurality” (line 4 from last) comprise a single pH monitoring system? Such is what the claim suggests. Should “the plurality” (line 4 from last) have read - - each of the plurality - - ?
As to claim 8, which of the many autosamplers does “the autosampler” (line 2 from last) relate to? Is it the autosamplers from the “plurality of seawater sampling locations on the oil field pipeline” (italics added, lines 17-18), or is it just a one?
As to claim 9, does just one of the many autosamplers comprise “a plurality … panel” (lines 1,2), or do all of the autosamplers each so comprise? Which of the many autosamplers does “the autosampler” refer back to?
As to claim 10, does just one of the many pH monitoring systems comprise “an inlet … backup screen” (lines 1,2), or do all of the pH monitoring systems so comprise? Which of the many pH monitoring systems does “the pH monitoring system” refer back to?
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Moniee et al 2015/0300955 teach testing biocide concentration in the seawater of an oil production field. The particular sample/analysis unit is shown in Figure 1, is automated (periodic sampling from remote pipeline), and the output is essentially on a continuous basis is shown in Figure 4. Such does not measure pH (Applicant’s claims 1,8), employ a controlling pH range (Applicant’s claim 1), or describe multiple sensor usage (Applicant’s claim 8).
Tufano et al ‘398 (1449) teach (Figure 1, Para 37) a measuring a mixture of water 12 and biocide 15 via pH.
Carpenter WO 2004/059121 teaches (Figure 1) teaches (Figure 1) a system for measuring biocide concentration in a seawater in an oilfield pipeline, comprising: a seawater plant configured to treat the seawater with biocide to produce biocide treated seawater
“Pursuant to this invention, one or more biocidal compositions referred to herein can be fed into the system at various locations” ;
(deaerator 30) located downstream from the seawater plant configured to control pressure variation caused by rapid changes in biocide treated seawater velocity from the seawater plant; a water supply plant 35 located downstream from the surge tank configured to store the biocide treated seawater prior to transferring into a water injection plant (40 and/or 45);
Campbell et al 20140303045 teach (Para 99) injection of biocide into a plurality of wells, and measuring biocide via pH measuring.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT R RAEVIS whose telephone number is (571)272-2204. The examiner can normally be reached on Mon to Fri from 8am to 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera, can be reached at telephone number 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT R RAEVIS/Primary Examiner, Art Unit 2855