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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 26, 2026 has been entered.
Response to Arguments
Applicant’s arguments, see pages 6-13, filed March 16, 2026, with respect to the rejection(s) of claims 1-4 and 6-20 under U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. A new ground(s) of rejection is necessitated by the amendment. Applicant’s arguments with respect to claims 1-4 and 6-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Efthimion US 6,577,390 B1 in view of Dionigi US 2010/0000554 A1 in view of Parker US 2013/0283892 A1 in view of Zhou et al. CN 110794222 A (hereinafter referred to as Zhou).
Regarding claim 1, Efthimion discloses an apparatus for gas identification (fig. 1a, 1b, measures metals in gas streams, col. 5, ln. 20-65), comprising: a plurality of re-entrant microwave cavities (fig. 1a,1b, resonant-high-intensity reentrant microwave cavity, col. 5, ln. 20-65), wherein each re-entrant microwave cavity (fig. 1a,1b, reentrant cavity 12, col. 5, ln. 20-65), comprises: a tubular body (see fig. 1a,1b) having an exterior wall, a top portion, and a bottom portion (see fig. 1a,1b); an inner conductor (fig. 1a,1b, coaxial center conductor 14, col. 5, ln. 20-23) positioned within the tubular body; a measurement conduit (fig. 1a, 1b, circular quartz tube 42, col. 5, ln. 51-54) positioned within the inner conductor and extending from the bottom portion to the top portion of the tubular body (see fig. 1a,1b); wherein the cavity entry is in connection with a first end of the measurement conduit (42) and formed to receive one or more gases from below the tubular body (fig. 1a,1b, gas stream 50 enters the cavity 12 through the quartz tube 42, col. 5, ln. 58-60); wherein the cavity exit is in connection with a second end of the measurement conduit (42) and formed to release the one or more gases (fig. 1a, 1b, flows into the plasma region. The gas then exits the cavity through a small hole on the opposite side wall, col. 3, ln. 4-9) from the tubular body (fig. 1a,1b, gas stream 50 then exits the cavity 12 through a small hole 46 in the bottom of the cavity 12, col. 5, ln. 62-63); and a high frequency connector attached with the exterior wall and configured to connect to a microwave source (fig. 1a, 1b, coaxial cable feed from the generator 34 microwave power to flow into the cavity 12, col. 5, ln. 41-56).
Efthimion does not disclose a low-loss dielectric filling material between the exterior wall and the inner conductor, wherein the low-loss dielectric filling material is TeflonT, Rexolite®, or a crystal material; cavity exit is in connection with a second end of the measurement conduit and formed to release the one or more flowing produced gases; re-entrant microwave cavities positioned to be substantially aligned with a flow of produced gases from a well; a cavity entry formed proximate the bottom portion and a cavity exit formed proximate the top portion; formed to release the one or more flowing produced gases; wherein the microwave source is at least one vector network analyzer connected with a switch system configured to send a radio frequency signal at a specific time to one or more specific re-entrant microwave cavities of the plurality of re-entrant microwave cavities.
Dionigi a low-loss dielectric filling material between the exterior wall (fig. 3-4, elm. 27, par. [0023]) and the inner conductor (fig. 3-4, elm. 24, par. [0029]), wherein the low-loss dielectric filling material is TeflonT, Rexolite®, or a crystal material (fig. 3-4, par. [0023]);
Parker discloses cavity exit (see fig. 1, pipe 70, par. [0045]) is in connection with a second end of the measurement conduit (see fig. 1, body 20 par. [0045]) and formed to release the one or more flowing produced gases (clm. 23); re-entrant microwave cavities (fig. 1, cavity resonator 10, par. [0045]) positioned to be substantially aligned with a flow of produced gases from a well (par. [0042]-[0046]) (clm. 1); a cavity entry cavities (see fig. 1, pipe 60, par. [0045]) formed proximate the bottom portion and a cavity exit (see fig. 1, pipe 70, par. [0045]) formed proximate the top portion; formed to release the one or more flowing produced gases (clm. 23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide cavity having a fluid entrance and a fluid exit forming a fluid flow path through the cavity, as taught in Parker in modifying the apparatus of Efthimion. The motivation would be to detect properties of a flowing fluid (see Parker: par. [0001]).
Regarding "produced gases from a well" it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham,2 USPQ2d 1647 (1987). Therefore, specifying that the re-entrant microwave cavity is intended to be used in the measurement of produced gases from a well does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Zhou discloses wherein the microwave source is at least one vector network analyzer (fig. 2, vector network analyzer 212, Specific implementation methods, 1st par.) connected with a switch system (fig. 2, 214 multi-channel switch matrix, Specific implementation methods, 1st par.) configured to send a radio frequency signal at a specific time to one or more specific re-entrant microwave cavities of the plurality of re-entrant microwave cavities (fig. 2, real-time controller also controls high-speed switching of the on or off states of switches in the multi-channel switch matrix and the multi-probe switch matrix, abs., Specific implementation methods, 7th par.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide system comprising a real- time controller connected with a vector network analyzer, a multi-channel switch matrix, multiple probe switch matrix, as taught in Zhou in modifying the apparatus of Efthimion, Dionigi and Parker. The motivation would be to reduce the testing time of an antenna test system (see Zhou: summary of the invention: 2nd par).
Regarding claim 2, Efthimion, Dionigi, Parker and Zhou discloses the apparatus of claim 1, Efthimion discloses wherein the measurement conduit is formed from a hydrogen-resistant material (fig. 1a, 1b, circular quartz tube 42, col. 5, ln. 51-54).
Regarding claim 3, Efthimion, Dionigi, Parker and Zhou discloses the apparatus of claim 2, Efthimion discloses wherein the measurement conduit is formed from a crystal material (fig. 1a, 1b, circular quartz tube 42, col. 5, ln. 51-54).
Regarding claim 4, Efthimion, Dionigi, Parker and Zhou discloses the apparatus of claim 2, Efthimion discloses wherein the measurement conduit is formed from a quartz material (fig. 1a, 1b, circular quartz tube 42, col. 5, ln. 51-54).
Regarding claim 6, Efthimion, Dionigi, Parker and Zhou discloses the apparatus of claim 1, Dionigi, discloses the exterior wall is coated in a metal material (fig. 3-4, elm. 27, par. [0023]).
The references are combined for the same reason already applied in the rejection of claim 1.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Efthimion in view of Dionigi in view of Parker in view of Zhou as applied to claim 1 above, and further in view of Berkowitz et al. US 4,245,698A (hereinafter referred to as Berkowitz).
Regarding claim 7, Efthimion, Dionigi, Parker and Zhou discloses the apparatus of claim 6, Efthimion, Dionigi, Parker and Zhou do not disclose wherein the metal material is a Cobalt-Nickel-Vanadium alloy.
Berkowitz discloses wherein the metal material is a Cobalt-Nickel-Vanadium alloy (col. 4, ln. 55-col. 6, ln. 60, table. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide coating with a metallurgical compositions to protect equipment, as taught in Berkowitz in modifying the apparatus Efthimion, Dionigi, Parker and Zhou. The motivation would be to provide protection to resist hydrogen embrittlement (see Berkowitz: col. 2, ln. 28-36).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Efthimion in view of Dionigi in view of Parker in view of Zhou as applied to claim 1 above, and further in view of Mohammed et al. 3D printed re-entrant cavity resonator for complex permittivity measurement of crude oils (hereinafter referred to as Mohammed).
Regarding claim 8, Efthimion, Dionigi, Parker and Zhou discloses the apparatus of claim 1, Efthimion, Dionigi, Parker and Zhou do not disclose wherein the cavity entry has a diameter in a range of 0.1 centimeters and 6 centimeters.
Mohammed disclose wherein the cavity entry has a diameter in a range of 0.1 centimeters and 6 centimeters (fig. 4, rh = .34 cm, 3. Sensor design and fabrication).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide hole of at the center of the post where a tube is inserted as a sample holder, as taught in Mohammed in modifying the apparatus of Efthimion, Dionigi, Parker and Zhou. The motivation would be to design parameters give a simulated resonance frequency 2.0 GHz. to accurately extract the complex permittivity of the samples. (see Mohammed: 6. Conclusion).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Efthimion in view of Dionigi in view of Parker in view of Zhou as applied to claim 1 above, and further in view of Tsankova et al. “Densities, Dielectric Permittivities, and Dew Points for (Argon + Carbon Dioxide) Mixtures Determined with a Microwave Re‑entrant Cavity Resonator” J. Chem. Eng. Data 2017, 62, 2521−2532 (hereinafter referred to as Tsankova).
Regarding claim 9, Efthimion, Dionigi, Parker and Zhou discloses the apparatus of claim 1, Efthimion, Dionigi, Parker and Zhou do not disclose wherein the at least one vector network analyzer is a single-port vector network analyzer.
Tsankova disclose wherein the at least one vector network analyzer is a single-port vector network analyzer(vector network analyzer, 2. APPARATUS DESCRIPTION, pg. 2522, col. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a microwave re-entrant cavity resonator to determine dew points, dielectric permittivities and molar densities of binary mixtures, as taught in Tsankova in modifying the apparatus of Efthimion, Dionigi, Parker and Zhou. The motivation would be to provide dielectric permittivities to determine mixture molar densities with sufficiently small uncertainties so that they can be used to improve reference equations of state for mixtures (see Tsankova: 6. CONCLUSIONS).
Regarding claim 10, Efthimion, Dionigi, Parker, Zhou and Tsankova discloses the apparatus of claim 1, Tsankova discloses wherein the microwave source is at least one multi-port vector network analyzer (fig. 4, pg. 397, col. 2).
The references are combined for the same reason already applied in the rejection of claim 9.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Efthimion in view of Dionigi in view of Parker in view of Zhou as applied to claim 1 above, and further in view of Tai CN 113698719 A (hereinafter referred to as Tai).
Regarding claim 11, Efthimion, Dionigi, Parker and Zhou discloses the apparatus of claim 1, Efthimion, Dionigi, Parker and Zhou do not disclose further comprising a plurality of hydrogen-resistant support structures attached with the bottom portion.
Tai discloses a plurality of hydrogen-resistant support structures attached with the bottom portion (embodiment 2, pg. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide resistant high pressure hydrogen fluorine rubber sealing ring material, as taught in Tai in modifying the apparatus of Efthimion, Dionigi, Parker and Zhou. The motivation would be to increase the hydrogen permeation resistance of the rubber ring and avoid the hydrogen penetrating into the rubber ring. (see Tai: abs.).
Regarding claim 12, Efthimion, Dionigi, Parker, Zhou and Tia discloses the apparatus of claim 11, Tia discloses wherein the plurality of hydrogen-resistant support structures are comprised of one or more of a fluoroelastomer (embodiment 2, pg. 1), a perfluoroelastomer, and a nitrile rubber.
The references are combined for the same reason already applied in the rejection of claim 11.
Claims 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Efthimion in view of Parker in view of Tsankova.
Regarding claim 13, Efthimion discloses a method for identifying a gas (fig. 1a, 1b, measures metals in gas streams, col. 5, ln. 20-65) with the plurality of re-entrant microwave cavities of claim 1, comprising: positioning the plurality of re-entrant microwave cavities (fig. 1a,1b, resonant-high-intensity reentrant microwave cavity, col. 5, ln. 20-65); the measurement conduit (fig. 1a, 1b, circular quartz tube 42, col. 5, ln. 51-54) of the plurality of re-entrant microwave cavities; applying a microwave signal (fig. 1a, 1b, generator 34 microwave power to flow into the cavity 12, col. 5, ln. 41-56) to the at least one produced gas (measurement of vapor phase and particulate-based metals in gas streams, col. 5, ln. 57-60);
Efthimion does not explicitly disclose with the at least one vector network analyzer; measuring plurality of properties of the at least one produced gas; performing an analysis of the one or more properties; and determining a purity of the at least one produced gas from the analysis; re-entrant microwave cavities to be substantially aligned with the flow of produced gases from the well receiving, from below the one or more re-entrant microwave cavities, at least one produced gas flowing.
Zhou discloses at least one vector network analyzer (fig. 2, vector network analyzer 212, Specific implementation methods, 1st par.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide system comprising a real- time controller connected with a vector network analyzer, a multi-channel switch matrix, multiple probe switch matrix, as taught in Zhou in modifying the apparatus of Efthimion. The motivation would be to reduce the testing time of an antenna test system (see Zhou: summary of the invention: 2nd par).
Tsankova discloses measuring one or more properties of the at least one produced gas (natural gas, 2. APPARATUS DESCRIPTION, pg. 1522, col. 1); performing an analysis of the one or more properties (calculation of dielectric permittivities of natural gas, 3. DETERMINATION OF FLUID MIXTURE DENSITY FROM DIELECTRIC PERMITTIVITY MEASUREMENTS, pg. 2522, col. 2); and determining a purity of the at least one produced gas from the analysis (4. CALIBRATION AND UNCERTAINTY ANALYSIS, pg. 2523).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a microwave re-entrant cavity resonator to determine dew points, dielectric permittivities and molar densities of binary mixtures, as taught in Tsankova in modifying the apparatus of Efthimion and Zhou. The motivation would be to provide dielectric permittivities to determine mixture molar densities with sufficiently small uncertainties so that they can be used to improve reference equations of state for mixtures (see Tsankova: 6. CONCLUSIONS).
Parker discloses re-entrant microwave cavities (fig. 1, cavity resonator 10, par. [0045]) to be substantially aligned with the flow of produced gases from the well (par. [0042]-[0046]) (clm. 1); receiving, from below the one or more re-entrant microwave cavities (see fig. 1, pipe 60, par. [0045]), at least one produced gas flowing from a well (par. [0043], clm. 23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide cavity having a fluid entrance and a fluid exit forming a fluid flow path through the cavity, as taught in Parker in modifying the apparatus of Efthimion, Zhou and Tsankova. The motivation would be to detect properties of a flowing fluid (see Parker: par. [0001]).
Regarding claim 14, Efthimion, Zhou,Tsankova and Parker discloses the method of claim 13, Tsankova discloses wherein the at least one produced gas is at least one of hydrogen, carbon dioxide (carbon dioxide, 1. INTRODUCTION, pg. 2551), and hydrogen sulfide.
The references are combined for the same reason already applied in the rejection of claim 13.
Regarding claims 15 and 18-19, Efthimion, Zhou,Tsankova and Parker discloses the claimed invention except for the re-entrant microwave cavities in an array proximate the well, re-entrant microwave cavities are positioned near a surface pipe proximate the well or re-entrant microwave cavities are positioned downhole, has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham,2 USPQ2d 1647 (1987).
Therefore, specifying that the re-entrant microwave cavities are intended to be the re-entrant microwave cavities in an array proximate the well, re-entrant microwave cavities are positioned near a surface pipe proximate the well or re-entrant microwave cavities are positioned downhole does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 16, Efthimion, Zhou,Tsankova and Parker discloses the method of claim 13, Tsankova discloses wherein the microwave signal is applied with at least one single-port vector network analyzer (vector network analyzer, 2. APPARATUS DESCRIPTION, pg. 2522, col. 2).
The references are combined for the same reason already applied in the rejection of claim 13.
Regarding claim 17, Efthimion, Zhou,Tsankova and Parker discloses the method of claim 13, Tsankova discloses wherein the microwave signal is applied with at least one multi-port vector network analyzer (vector network analyzer, 2. APPARATUS DESCRIPTION, pg. 2522, col. 2)..
The references are combined for the same reason already applied in the rejection of claim 13.
Regarding claim 20, Efthimion, Zhou,Tsankova and Parker discloses the method of claim 13, Tsankova discloses wherein performing the analysis further comprises obtaining a complex permittivity of the at least one produced gas (calculation of dielectric permittivities of natural gas, 3. DETERMINATION OF FLUID MIXTURE DENSITY FROM DIELECTRIC PERMITTIVITY MEASUREMENTS, pg. 2522, col. 2).
The references are combined for the same reason already applied in the rejection of claim 13.
Conclusion
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/COURTNEY G MCDONNOUGH/ Examiner, Art Unit 2858
/EMAN A ALKAFAWI/ Supervisory Patent Examiner, Art Unit 2858
6/5/2026
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