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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/06/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to all pending claims have been considered but are moot because the new ground of rejection does not rely on all 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 8 – 11, 14, 18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2019/0203595 A1 to Jamison et al. (hereinafter “Jamison”) in view of CN 112098272 A to WU, Ying-chun et al. (hereinafter “WU”).
Note: machine translated document of WU is attached to this office action for easier reference.
Regarding Claims 1 and 18, Jamison teaches a system and a method (see Figs. 1, 2, see paragraphs [0017] – [0018]), comprising:
a device configured to form a fluid flowing in a steep drop (see arrangement at Fig. 13 which includes movement of fluid in a steep drop at for instance when the fluid is moving from the cleaning unit 1328 to the retention pit 1332 and/or from the feed pipe 1324 to the kelly 1310, see paragraphs [0046] – [0047] which illustrates arrangement of the fluid property determination components 1340 at different locations such as at 1340a, 1340b, 1340c, thus the fluid 1322 is flowing and circulating through the system as seen by the arrow at Fig. 13 including steep drop as described above);
a laser system (see any of imaging devices 114, Fig. 1, see paragraph [0017] and/or fluid property determination component 1340 which includes one or more fluid disruption components and one or more imaging devices 114 of Figs. 1, 2 as described at paragraphs [0046] – [0047]),
wherein the laser system is configured to:
generate a laser pulse (see Figs. 1, 13 which illustrates pulse directed at fluid being analyzed, see paragraph [0029] describing imaging devices which may include Lidar sensing devices, thus including a laser source which generates a pulse towards the fluid being detected, see also paragraphs [0017], [0029], [0046] and Figs. 1, 13 describing the imaging device 114 which is directed at the waves 112 for imaging the waves 112, as well as the fluid property determination components 1340 which includes the multiple components of Figs. 1 – 2, thus comprising a laser source as claimed); and
direct the laser pulse to illuminate the fluid (see paragraph [0029] describing imaging devices which may include Lidar sensing devices, thus including a laser source which illuminates the fluid being detected, see also paragraphs [0017], [0029], [0046] and Figs. 1, 13 describing the imaging device 114 which is directed at the waves 112 for imaging the waves 112, as well as the fluid property determination components 1340 which includes the multiple components of Figs. 1 – 2, thus comprising a laser source as claimed);
a sensor (see paragraph [0029] stating “Exemplary imaging devices may include, but are not limited to, cameras (e.g., still cameras, high-speed cameras, light field cameras, video cameras, and the like), Lidar sensing devices, and the like, and any combination thereof”, thus the system includes sensors such as cameras and Lidar sensing devices, hence reading on the invention as claimed) configured to detect the illuminated continuously flowing fluid and configured to generate an electric signal using the detected illuminated continuously flowing fluid (see paragraphs [0017], [0046], [0048] which describes an example of the system used in drilling systems comprising the fluid property determination components 1340, Fig. 13 which includes the components of Figs. 1, 2 for carrying out the determination of the fluid property, and in particular at paragraph [0048] which states “In some instances, the data (e.g., images) collected by the fluid property determination components 1340 may be transmitted to a control system 1338 for analysis. In some instances, one or more of the fluid property determination components 1340 may have control systems that analyze the images and then, report the fluid properties and/or transmit the fluid properties to the control system 1338 for comparison to the analysis of the other fluid property determination components 1340”, hence reading on the invention as claimed); and
a processing system (see for instance system at 1300, Fig. 13 comprising the control system 1338, see paragraphs [0048], [0049] ,[0053]) configured to:
receive the electric signal from the sensor (see paragraph [0048]); and
calculate a relative viscosity of the continuously flowing fluid based at least in part on the electric signal received from the sensor (see abstract, and paragraphs [0015], [0053], and any of the embodiment A – B as described at paragraphs [0057] – [0059], note also calculation of viscosity based on attenuation and spread of the waves as a function of time as illustrated at Figs. 7 – 9 and described at paragraphs [0020] – [0023], hence reading on the invention as claimed).
Insofar as Jamison may be construed as not explicitly teaching the invention in a single embodiment, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the specific embodiments of Jamison in a single embodiment, based on user’s desire (see paragraphs [0003], [0065]).
Even though Jamison teaches the laser system configured to generate a laser pulse and direct the laser pulse as described above, Jamison does not explicitly teach “direct the laser pulse, at a location in which the fluid is flowing in the steep drop”.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the imaging devices of Jamison so that the laser pulse is directed at a location in which the fluid is flowing in the steep drop as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950).
In addition, WU, in the field of methods and devices for online measurement of viscosity and surface tension of liquids, teaches directing a laser pulse, at a location in which the fluid is flowing in the steep drop (see arrangement at Figs. 1 – 3 which illustrates the laser source 1 directing a laser pulse through the beam expanding element 2 and reflector 3 to the droplet flow 10 which is formed by the monodisperse liquid drop generator unit 7, see also abstract and corresponding description in the specification attached to this office action).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the laser system and the liquid drop generator of WU into Jamison, in order to improve space-time resolution of the system. The modification allows improvement of the system’s ability to capture detailed information about the fluid both spatially and temporally.
Regarding Claim 2, Jamison as modified above teaches wherein the laser system is a laser imaging, detection, and ranging (LiDAR) system (see paragraph [0029] describing the imagining devices including Lidar sensing devices).
Regarding Claim 8, Jamison as modified above teaches wherein the processing system is configured to determine an actual viscosity based on the relative viscosity (see for instance paragraph [0023] describing determination of viscosity in several time points and then being averaged, thus by using multiple measurements including average and the individual viscosity values, it would be obvious to one having ordinary skill in the art to recognize an actual (i.e. average) based on relative viscosity calculation, see modification above).
Jamison does not explicitly teach the actual viscosity in centipoise based on the relative viscosity. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use actual viscosity in centipoise as claimed, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Regarding Claims 9 and 20, Jamison as modified above teaches the claimed invention except for wherein the fluid is asphalt. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use an asphalt, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Note that Jamison does not exclude the type of fluid to be of a specific type, thus depending on user’s desire and/or need, it would be obvious to select the desired material of sample for testing including that of asphalt.
Regarding Claim 10, Jamison teaches a viscosity measurement system, comprising:
a device configured to form a fluid flowing in a steep drop (see arrangement at Fig. 13 which includes movement of fluid in a steep drop at for instance when the fluid is moving from the cleaning unit 1328 to the retention pit 1332 and/or from the feed pipe 1324 to the kelly 1310, see paragraphs [0046] – [0047] which illustrates arrangement of the fluid property determination components 1340 at different locations such as at 1340a, 1340b, 1340c, thus the fluid 1322 is flowing and circulating through the system as seen by the arrow at Fig. 13 including steep drop as described above);
a laser system (see any of imaging devices 114, Fig. 1, see paragraph [0017] and/or fluid property determination component 1340 which includes one or more fluid disruption components and one or more imaging devices 114 of Figs. 1, 2 as described at paragraphs [0046] – [0047]),
wherein the laser system is configured to:
generate a laser pulse (see Figs. 1, 13 which illustrates pulse directed at fluid being analyzed, see paragraph [0029] describing imaging devices which may include Lidar sensing devices, thus including a laser source which generates a pulse towards the fluid being detected, see also paragraphs [0017], [0029], [0046] and Figs. 1, 13 describing the imaging device 114 which is directed at the waves 112 for imaging the waves 112, as well as the fluid property determination components 1340 which includes the multiple components of Figs. 1 – 2, thus comprising a laser source as claimed); and
direct the laser pulse to illuminate the fluid (see paragraph [0029] describing imaging devices which may include Lidar sensing devices, thus including a laser source which illuminates the fluid being detected, see also paragraphs [0017], [0029], [0046] and Figs. 1, 13 describing the imaging device 114 which is directed at the waves 112 for imaging the waves 112, as well as the fluid property determination components 1340 which includes the multiple components of Figs. 1 – 2, thus comprising a laser source as claimed);
a sensor (see paragraph [0029] stating “Exemplary imaging devices may include, but are not limited to, cameras (e.g., still cameras, high-speed cameras, light field cameras, video cameras, and the like), Lidar sensing devices, and the like, and any combination thereof”, thus the system includes sensors such as cameras and Lidar sensing devices, hence reading on the invention as claimed) configured to detect the illuminated continuously flowing fluid and configured to generate an electric signal using the detected illuminated continuously flowing fluid (see paragraphs [0017], [0046], [0048] which describes an example of the system used in drilling systems comprising the fluid property determination components 1340, Fig. 13 which includes the components of Figs. 1, 2 for carrying out the determination of the fluid property, and in particular at paragraph [0048] which states “In some instances, the data (e.g., images) collected by the fluid property determination components 1340 may be transmitted to a control system 1338 for analysis. In some instances, one or more of the fluid property determination components 1340 may have control systems that analyze the images and then, report the fluid properties and/or transmit the fluid properties to the control system 1338 for comparison to the analysis of the other fluid property determination components 1340”, hence reading on the invention as claimed); and
a processing system (see for instance system at 1300, Fig. 13 comprising the control system 1338, see paragraphs [0048], [0049] ,[0053]) configured to:
receive the electric signal from the sensor (see paragraph [0048]); and
calculate a relative viscosity of the continuously flowing fluid based at least in part on the electric signal received from the sensor (see abstract, and paragraphs [0015], [0053], and any of the embodiment A – B as described at paragraphs [0057] – [0059], note also calculation of viscosity based on attenuation and spread of the waves as a function of time as illustrated at Figs. 7 – 9 and described at paragraphs [0020] – [0023], hence reading on the invention as claimed).
Insofar as Jamison may be construed as not explicitly teaching the invention in a single embodiment, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the specific embodiments of Jamison in a single embodiment, based on user’s desire (see paragraphs [0003], [0065]).
Even though Jamison teaches a system comprising a viscosity measurement system of fluids such as well sites, laboratory and other industries as described at paragraph [0040], Jamison is silent regarding a shingle manufacturing system, comprising: an asphalt delivery system, the asphalt delivery system configured to deliver a fluid including asphalt to a glass mat.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the viscosity measurement system of Jamison into a variety of systems including that of a shingle manufacturing system comprising an asphalt delivery system configured to deliver a fluid including asphalt, since Jamison is not limited to a specific type of fluid and can be used in a variety of fluid including that of an asphalt or a shingle manufacturing system comprising an asphalt delivery as claimed. The modification allows for an improved viscosity measurement of an asphalt material instead of paint as per user’s need.
Even though Jamison teaches the laser system configured to generate a laser pulse and direct the laser pulse as described above, Jamison does not explicitly teach “direct the laser pulse, at a location in which the fluid is flowing in the steep drop”.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the imaging devices of Jamison so that the laser pulse is directed at a location in which the fluid is flowing in the steep drop as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950).
In addition, WU, in the field of methods and devices for online measurement of viscosity and surface tension of liquids, teaches directing a laser pulse, at a location in which the fluid is flowing in the steep drop (see arrangement at Figs. 1 – 3 which illustrates the laser source 1 directing a laser pulse through the beam expanding element 2 and reflector 3 to the droplet flow 10 which is formed by the monodisperse liquid drop generator unit 7, see also abstract and corresponding description in the specification attached to this office action).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the laser system and the liquid drop generator of WU into Jamison, in order to improve space-time resolution of the system. The modification allows improvement of the system’s ability to capture detailed information about the fluid both spatially and temporally.
Regarding Claim 11, Jamison as modified above teaches wherein the laser system is a laser imaging, detection, and ranging (LiDAR) system (see paragraph [0029] describing the imagining devices including Lidar sensing devices).
Regarding Claim 14, Jamison as modified above teaches wherein the processing system is configured to determine an actual viscosity based on the relative viscosity (see for instance paragraph [0023] describing determination of viscosity in several time points and then being averaged, thus by using multiple measurements including average and the individual viscosity values, it would be obvious to one having ordinary skill in the art to recognize an actual (i.e. average) based on relative viscosity calculation, see modification above).
Jamison does not explicitly teach the actual viscosity in centipoise based on the relative viscosity. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use actual viscosity in centipoise as claimed, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Claim(s) 5 – 6, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Jamison in view of WU and further in view of U.S. Patent Application Publication No. 2017/0003209 A1 to Estrada et al. (hereinafter “Estrada”).
Regarding Claims 5 and 13, Jamison in view of WU teaches the claimed invention except for wherein the relative viscosity is determined relative to a baseline viscosity determined in a calibration mode.
Estrada, in the field of determining viscosity through transmission and reception of ultrasonic energy, teaches that it is known to use a system wherein the relative viscosity is determined relative to a baseline viscosity determined in a calibration mode (see paragraphs [0006], [0037] and [0112], see also Figs. 7 and 8 illustrating and describing viscosity being computed by signal analysis in the frequency domain and further comparing the received signals with signals measured in laboratory of a known viscosity, hence reading on the invention as claimed).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the methodology of Estrada into Jamison in view of WU in order to improve accuracy of the system.
Regarding Claim 6, Jamison in view of WU in view of Estrada as modified above teaches wherein the relative viscosity is a change in the illuminated continuously flowing fluid compared to a baseline viscosity determined in a calibration mode (see paragraphs [0021] – [0023] of Jamison describing attenuation coefficient of surface wave attenuation which is a function of viscosity and which can be determined through calibration procedures using standard fluids of known viscosities and/or see paragraphs [0006], [0037] and [0112], see also Figs. 7 and 8 of Estrada illustrating and describing viscosity being computed by signal analysis in the frequency domain and further comparing the received signals with signals measured in laboratory of a known viscosity, see modification of claims 1 and 5 above, hence Jamison in view of Estrada read on the invention as claimed).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form accompanying this office action which includes the following relevant prior art:
Zhang et al. (U.S. 2007/0209938 A) teaches method and apparatus for biopolymer analysis including sheath fluid which may be driven by gravity to form a continuous flow, surrounding the sample stream 42 that passes through the optical windows of the sheath flow cuvette 12, where the fluorescence 44 from the passing sample stream 42 is excited by a laser source as illustrated at fig. 5 and described at paragraph [0030].
Braithwaite et al. (U.S. 2002/0116987 A1) teaches an apparatus and method for measuring rheological properties of liquids having a vertical dimension sample site as illustrated at Fig. 1.
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/MARRIT EYASSU/Primary Examiner, Art Unit 2855