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 .
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.
Claims 3-7 and 14 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
In claim 3, the clause “and from the sleeve to the fluid container” is unclear as to what action or phenomena is occurring from sleeve to fluid container; and,
it is unclear whether the “two or more fluid constituents of the fluid emulsion” refer back to the same particular constituents introduced in claim 1.
In claim 4, and claims 5-7 dependent therefrom, it is unclear whether recitation of “linear arrangements of EMATs within each group in parallel with an axis of the fluid container” is now positively reciting the fluid container as a component of the apparatus combination, in order to positively recite such linear arrangements relative to the container.
In claim 14, “and from the sleeve to the fluid container” is unclear as to what action or phenomena is occurring from sleeve to fluid container; and,
it is unclear whether the “two or more fluid constituents of the fluid emulsion” refer back to the same particular constituents introduced in claim 12.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1-8 and 12-19 are rejected under 35 U.S.C. 103 as being unpatentable over Al-Qasim et al PGPUBS Document US 2021/0381328 (Al-Qasim) in view of Ren PGPUBS Document US 2023/0160858 (Ren). Referenced paragraph numbers of the Description of the relied upon PGPUBS Documents are identified with “[ ]” symbols.
For independent claim 1, Al-Qasim discloses: A fluid emulsion processing apparatus (see [0060] re “particularly acting on an interface 235 of the different fluids or emulsion layer within the contained fluid”), comprising:
a sleeve configured to couple to at least a portion of a fluid container that comprises at least one opening and is configured to at least partially enclose a fluid emulsion (Al-Qasim teaches an acoustic wave energy assembly (Abstract) to fluid contents of a container 104, 204, the container being in the form of a core housing [0004, 0018, 0043], the wave energy being transmitted by through a sleeve 110 or 210 which has a plurality of fluid inlets, i.e. ‘inlet openings’ 214a, 214b and 214c to allow fluids including oil and water to flow into and mix in the container);
an electromagnet transducer (EMAT) attached to the sleeve (Al-Qasim teaches in [0013] of a sleeve mountable within the inner volume of a container, and an acoustic wave energy assembly mounted within the sleeve, thus “attached to the sleeve” and characterizes such assembly in [0060], which teaches such assembly to comprise a sub-assembly including a single acoustic vibrator 235 which is positioned between the sleeve and “core sample” of contained fluid 210, which generates electromagnetic, acoustic wave energy, thus being an EMAT ; and
a control system communicably coupled to each of the single acoustic wave energy or EMAT and configured to perform operations comprising:
generating electrical signals to the EMAT, and based on the transmission of the plurality of electrical signals, causing the EMAT to energize so that it generates an electromagnetic field with the at least one coil and a magnetic field with the at least one magnet to interact with the electromagnetic field such that the interaction of the magnetic field and the electromagnetic field causes acoustic wave energy to travel through the sleeve and the fluid container and to the fluid emulsion to at least partially separate two or more fluid constituents of the fluid emulsion (all disclosed at [0004 re a control system communicatively coupled to the acoustic vibrating assembly] and [0067 re control system 999 controlling the acoustic vibrator 235 and other acoustic or vibrator sources 224, 228 and 238 and 239 including wave energy signal, signature and intensity]).
Claim 1, and claims dependent therefrom, differ from Al-Qasim by requiring there being a plurality of electromagnetic acoustic transducers (EMATs) attached to the sleeve, each of the plurality of EMATs comprising at least one conductive coil and at least one magnet positioned within or near the at least one conductive coil,
the plurality of EMATs comprising a plurality of groups of EMATs with each group including at least one EMAT to form an array of EMATs.
Al-Qasim also discloses there being a plurality of additional acoustic sound wave generating units in addition to the unit mounted within, or “attached to” the sleeve ([0058, 0063 and 0067 re additional acoustic noise sources including units 234 and acoustic noise source 238]).
Ren teaches such plurality of electromagnetic acoustic transducers (EMATs), each of the plurality of EMATs comprising at least one conductive coil and at least one magnet positioned within or near the at least one conductive coil,
the plurality of EMATs comprising a plurality of groups of EMATs with each group including at least one EMAT to form an array of EMATs.
(Ren discloses: A fluid processing apparatus [0066-0068 re the apparatus being used for potential applications including for vessels, i.e. associated with metal processing, the vessels i.e. “containers” inherently containing fluid], comprising:
a plurality of electromagnetic acoustic transducers (EMATs), 17, each of the plurality of EMATs comprising at least one conductive coil and at least one magnet positioned within or near the at least one conductive electrical coil 19 [0006, 0007 and 0029 re a plurality of electromagnets, each electromagnet having a magnetic core and a wound coil wrapped around the coil forming an electromagnetic array, operable to both generate a magnetic field and transmit acoustic ultrasound],
the plurality of EMATs comprising a plurality of groups of EMATs with each group including at least one EMAT to form an array of EMATs [0006, 0007 and 0029 re a plurality of rows or “groups” of electromagnets, forming an electromagnetic array]).
Ren teaches that such array of EMATs advantageously enable generating of a bias magnetic field with specific particular wave patterns and wavelengths including shear-horizontal waves [0015-0021], and suggests that the configuration of the electromagnets of the EMATs result in a stronger guided wave and higher signal-to-noise ratio [0045], also suggesting that such array enables easier mechanical movement by actuators of units of the EMAT assembly between different positions [0062].
Thus, it would have been obvious to one of ordinary skill in the art of utilizing electromagnetic acoustic transducers, or processing fluid emulsions, to have modified the Al-Qasim apparatus,
by substituting the instantly claimed array of a plurality of EMATs mounted to the sleeve, for having plural EMAT units in diverse locations, as taught by Ren,
in order to advantageously enable generating of a bias magnetic field with specific particular wave patterns and wavelengths including shear-horizontal waves , provide a stronger guided wave and higher signal-to-noise ratio and enable easier mechanical movement by actuators of units of the EMAT assembly between different positions.
Regarding the control system, the claims accordingly also differ by requiring that the control system is communicably coupled to each of the plurality of EMATs and configured to perform operations comprising: and,
generating a plurality of electrical signals to transmit to the plurality of EMATs; and based on the transmission of the plurality of electrical signals, causing the plurality of EMATs to energize so that each EMAT generates an electromagnetic field with the at least one coil and a magnetic field with the at least one magnet to interact with the electromagnetic field such that the interaction of the magnetic field and the electromagnetic field causes the acoustic wave energy travel through the sleeve and the fluid container and to the fluid emulsion to at least partially separate two or more fluid constituents of the fluid emulsion.
Ren also teaches such control system operability (all disclosed at [0005, 0006, 0029 and 0030] re operability to control the electromagnets or EMATs through the control of power supply 14 which generates electrical power or “signals” to power supply 14 which thereby outputs electrical power to electrical coil(s) 19 to cause generation of acoustic wave energy as “ultrasound”, which power generation is discussed in [0029]). Such control is suggested as enabling optimization of consumption of electrical power, generation of bias magnetic field and optimum travel of generated ultrasound in [0030].
Thus, it would have been obvious to one of ordinary skill in the art of utilizing electromagnetic acoustic transducers, or processing fluid emulsions, to have modified the Al-Qasim apparatus such that the controller is operative in the instantly claimed manner for energizing the plurality of EMATs, for enabling optimization of consumption of electrical power, generation of bias magnetic field and optimum travel of generated ultrasound.
For claim 2, Ren further teaches wherein the acoustic wave energy transducers (EMATs) are configured in rows and columns to cause wave energy which comprises radial wave energy and axisymmetric shear waves [0046-0047 and 0064], hence maximizing the strength of the applied magnetic field [0045], with [0046-0047] suggesting optimizing coverage of the applied magnetic field.
Thus, it would have been obvious to one of ordinary skill in the art of utilizing electromagnetic acoustic transducers, or processing fluid emulsions, to have modified the Al-Qasim apparatus by configuring plural (EMATs) to cause wave energy which comprises radial wave energy and axisymmetric shear waves, as taught by Ren, in order to maximize the strength and coverage of the applied magnetic field.
For claim 3, Al-Qasim further discloses the EMAT to be operative such that the electromagnetic field causes vibration of the sleeve, and from the sleeve to the fluid container, to at least partially separate two or more fluid constituents of the fluid emulsion [0060 regarding separation of oil bubbles from water].
Claim 3 further differs from Al-Qasim by requiring that wherein the operation of causing the plurality of EMATs to energize so that each EMAT generates the electromagnetic field with the at least one coil and the magnetic field with the at least one magnet to interact with the electromagnetic field further comprises:
causing the plurality of EMATs to energize so that each EMAT generates the electromagnetic field with the at least one coil and the magnetic field with the at least one magnet to interact with the electromagnetic field such that the interaction of the magnetic field and the electromagnetic field causes vibration of the sleeve, and from the sleeve to the fluid container, to at least partially separate two or more fluid constituents of the fluid emulsion.
Ren also teaches such interacting of plural magnets and plural coils for the plurality of EMATs to generate an electromagnetic field [0007]. Ren teaches that such plurality maximizes the strength of the applied magnetic field [0045], with [0046-0047] and optimizes coverage of the applied magnetic field.
Thus, it would have been obvious to one of ordinary skill in the art of utilizing electromagnetic acoustic transducers, or processing fluid emulsions, to have modified the Al-Qasim apparatus by configuring plural (EMATs) to generate electromagnetic fields each of the EMATs having at least one coil and the magnetic field with the at least one magnet to interact with the electromagnetic field, as taught by Ren, in order to maximize the strength of the applied magnetic field and optimize coverage of the applied magnetic field.
For claim 4, Ren also teaches wherein the plurality of groups of EMATs are formed into linear arrangements of EMATs within each group in parallel with an axis of the wall or surface of the fluid container [0043-0047]. Ren further teaches wherein the acoustic wave energy transducers (EMATs) being configured in rows and columns to cause wave energy which comprises radial wave energy and axisymmetric shear waves [0046-0047], hence maximizing the strength of the applied magnetic field [0045], with [0046-0047] suggesting optimizing coverage of the applied magnetic field.
Thus, it would have been obvious to one of ordinary skill in the art of utilizing electromagnetic acoustic transducers, or processing fluid emulsions, to have modified the Al-Qasim apparatus by configuring plural (EMATs) to cause wave energy which comprises radial wave energy and axisymmetric shear waves, as taught by Ren, in order to maximize the strength and coverage of the applied magnetic field.
It would have been also obvious to the skilled artisan to have incorporated such linear arrangements of groups of EMATs taught by Ren, into the Al-Qasim apparatus,
For claim 5, Ren also teaches wherein the fluid container comprises a pipeline 12 that necessarily includes an inlet and an outlet to enable fluid flow therethrough, and the axis comprises a longitudinal axis of the fluid container (figure 1 and [0028-0029 re alignment of the EMAT array along the longitudinal axis of the pipe).
It would have been also obvious to the skilled artisan to have incorporated the apparatus of Al-Qasim into such a pipeline and aligned with the axis of the pipeline, as taught by Ren, in order to enable treatment of fluid which is flowing such as fluid flow passing through such pipeline.
For claim 6, Al-Qasim is silent as to dimensions of the sleeve, however suggests that it’s dimensions may vary. Figure 2A illustrates a large ratio of sleeve length relative sleeve diameter, while [0025] and [0028] suggest the apparatus being applied to use for obtaining core samples from hydrocarbon reservoirs, thus having a diameter on the order of inches to feet. Claim 6 further differs by reciting wherein the sleeve is at least 8 feet in length and is between 4 and 10 inches in diameter.
Such sleeve dimensions are deemed to constitute results-effective variables for which it would have been obvious for one of ordinary skill in the prior art to have optimized by routine experimentation, so as to adapt the size of the sleeve of the apparatus and accompanying container to a particular application. The MPEP, Section 2144.05 includes court rulings that have determined that such types of parameter values or ranges do not support the patentability of such subject matter, particularly where the prior art contains similar ranges, amounts or proportions, or suggests such similarity, absent a finding of unexpected criticality or achieving of unexpected results.
Thus, it would have been accordingly obvious to have utilized such dimensions of sleeve, so as to adapt the size of the sleeve of the apparatus and accompanying container to a particular application for sampling cores of hydrocarbon reservoirs.
For claim 7, Al-Qasim further discloses or suggests wherein the fluid container may comprise a tank that includes an inlet, and with an axis which comprises a centerline axis of the fluid container (figure 1 and [0043-0044 regarding core holder housing 104 having a fluid inlet 114 and fluid outlet 116], the core holder being made of metallic material, thus being sturdy and tank-like [0003]).
Claim 8 further differs from Al-Qasim by requiring the apparatus to be configured wherein the operation of causing the plurality of EMATs to energize comprises causing the plurality of EMATs to energize in a synchronous or asynchronous pattern.
Ren also teaches such configuration of EMATs wherein the operation of causing the plurality of EMATs to energize comprises causing the plurality of EMATs to energize in a synchronous or asynchronous pattern [0041-0044 and 0049 teaching different ones of the electromagnets of EMATs in the array energized to have alternating magnetic polarizations, thus forming an asynchronous pattern, hence inherently provide more continuous directing of electromagnetic and acoustic wave energy].
Thus, it would have been obvious to one of ordinary skill in the art of utilizing electromagnetic acoustic transducers, or processing fluid emulsions, to have configured the Al-Qasim apparatus to energize in such a pattern as taught by Ren, in order to provide more continuous directing of electromagnetic and acoustic wave energy.
For independent claim 12, Al-Qasim discloses: A method of processing a fluid emulsion processing (see [0060] re “particularly acting on an interface 235 of the different fluids or emulsion layer within the contained fluid”), comprising:
installing a sleeve configured to at least a portion of a fluid container that comprises at least one opening and is configured to at least partially enclose a fluid emulsion (Al-Qasim teaches an acoustic wave energy assembly (Abstract) to fluid contents of a container 104, 204, the container being in the form of a core housing [0004, 0018, 0043], the wave energy being transmitted by through a sleeve 110 or 210 which has a plurality of fluid inlets, i.e. ‘inlet openings’ 214a, 214b and 214c to allow fluids including oil and water to flow into and mix in the container);
the sleeve comprising an electromagnet transducer (EMAT) attached to the sleeve (Al-Qasim teaches in [0013] of a sleeve mountable within the inner volume of a container, and an acoustic wave energy assembly mounted within the sleeve, thus “attached to the sleeve” and characterizes such assembly in [0060], which teaches such assembly to comprise a sub-assembly including a single acoustic vibrator 235 which is positioned between the sleeve and “core sample” of contained fluid 210, which generates electromagnetic, acoustic wave energy, thus being an EMAT ; and
generating, with a control system communicably coupled to the single acoustic wave energy or EMAT a plurality of signals;
transmitting the electrical signals from the control system to the EMAT, and based on the transmission of the plurality of electrical signals, causing the EMAT to energize so that it generates an electromagnetic field with the at least one coil and a magnetic field with the at least one magnet to interact with the electromagnetic field such that the interaction of the magnetic field and the electromagnetic field causes acoustic wave energy to travel through the sleeve and the fluid container and to the fluid emulsion to at least partially separate two or more fluid constituents of the fluid emulsion
(the generating and transmitting step limitations all disclosed at [0004 re a control system communicatively coupled to the acoustic vibrating assembly] and [0067 re control system 999 controlling the acoustic vibrator 235 and other acoustic or vibrator sources 224, 228 and 238 and 239 including wave energy signal, signature and intensity]).
Claim 12, and claims dependent therefrom, differ from Al-Qasim by requiring there being a plurality of electromagnetic acoustic transducers (EMATs) attached to the sleeve, each of the plurality of EMATs comprising at least one conductive coil and at least one magnet positioned within or near the at least one conductive coil,
the plurality of EMATs comprising a plurality of groups of EMATs with each group including at least one EMAT to form an array of EMATs.
Al-Qasim also discloses there being a plurality of additional acoustic sound wave generating units in addition to the unit mounted within, or “attached to” the sleeve ([0058, 0063 and 0067 re additional acoustic noise sources including units 234 and acoustic noise source 238]).
Ren teaches such plurality of electromagnetic acoustic transducers (EMATs), each of the plurality of EMATs comprising at least one conductive coil and at least one magnet positioned within or near the at least one conductive coil,
the plurality of EMATs comprising a plurality of groups of EMATs with each group including at least one EMAT to form an array of EMATs.
(Ren discloses: A fluid processing apparatus [0066-0068 re the apparatus being used for potential applications including for vessels, i.e. associated with metal processing, the vessels i.e. “containers” inherently containing fluid], comprising:
a plurality of electromagnetic acoustic transducers (EMATs), 17, each of the plurality of EMATs comprising at least one conductive coil and at least one magnet positioned within or near the at least one conductive electrical coil 19 [0006, 0007 and 0029 re a plurality of electromagnets, each electromagnet having a magnetic core and a wound coil wrapped around the coil forming an electromagnetic array, operable to both generate a magnetic field and transmit acoustic ultrasound],
the plurality of EMATs comprising a plurality of groups of EMATs with each group including at least one EMAT to form an array of EMATs [0006, 0007 and 0029 re a plurality of rows or “groups” of electromagnets, forming an electromagnetic array]).
Ren teaches that such array of EMATs advantageously enable generating of a bias magnetic field with specific particular wave patterns and wavelengths including shear-horizontal waves [0015-0021], and suggests that the configuration of the electromagnets of the EMATs result in a stronger guided wave and higher signal-to-noise ratio [0045], also suggesting that such array enables easier mechanical movement by actuators of units of the EMAT assembly between different positions [0062].
Thus, it would have been obvious to one of ordinary skill in the art of utilizing electromagnetic acoustic transducers, or processing fluid emulsions, to have modified the Al-Qasim apparatus,
by substituting the instantly claimed array of a plurality of EMATs mounted to the sleeve, for having plural EMAT units in diverse locations, as taught by Ren,
in order to advantageously enable generating of a bias magnetic field with specific particular wave patterns and wavelengths including shear-horizontal waves , provide a stronger guided wave and higher signal-to-noise ratio and enable easier mechanical movement by actuators of units of the EMAT assembly between different positions.
Regarding the control system, the claims accordingly also differ by requiring that the control system is communicably coupled to each of the plurality of EMATs and configured to perform operations comprising: and,
generating a plurality of electrical signals to transmit to the plurality of EMATs; and based on the transmission of the plurality of electrical signals, causing the plurality of EMATs to energize so that each EMAT generates an electromagnetic field with the at least one coil and a magnetic field with the at least one magnet to interact with the electromagnetic field such that the interaction of the magnetic field and the electromagnetic field causes the acoustic wave energy travel through the sleeve and the fluid container and to the fluid emulsion to at least partially separate two or more fluid constituents of the fluid emulsion.
Ren also teaches such control system operability (all disclosed at [0005, 0006, 0029 and 0030] re operability to control the electromagnets or EMATs through the control of power supply 14 which generates electrical power or “signals” to power supply 14 which thereby outputs electrical power to electrical coil(s) 19 to cause generation of acoustic wave energy as “ultrasound”, which power generation is discussed in [0029]). Such control is suggested as enabling optimization of consumption of electrical power, generation of bias magnetic field and optimum travel of generated ultrasound in [0030]).
Thus, it would have been obvious to one of ordinary skill in the art of utilizing electromagnetic acoustic transducers, or processing fluid emulsions, to have modified the Al-Qasim apparatus such that the controller is operative in the instantly claimed manner for energizing the plurality of EMATs, for enabling optimization of consumption of electrical power, generation of bias magnetic field and optimum travel of generated ultrasound.
For claim 13, Ren further teaches wherein the acoustic wave energy comprises radial wave energy and axisymmetric shear waves [0046-0047 and 0064], hence maximizing the strength of the applied magnetic field [0045], with [0046-0047] suggesting optimizing coverage of the applied magnetic field.
Thus, it would have been obvious to one of ordinary skill in the art of utilizing electromagnetic acoustic transducers, or processing fluid emulsions, to have modified the Al-Qasim apparatus by configuring plural (EMATs) to cause wave energy which comprises radial wave energy and axisymmetric shear waves, as taught by Ren, in order to maximize the strength and coverage of the applied magnetic field.
For claim 14, Al-Qasim further discloses the EMAT to be operative such that the electromagnetic field causes vibration of the sleeve, and from the sleeve to the fluid container, to at least partially separate two or more fluid constituents of the fluid emulsion [0060 regarding separation of oil bubbles from water].
Claim 14 further differs from Al-Qasim by requiring that wherein the operation of causing the plurality of EMATs to energize so that each EMAT generates the electromagnetic field with the at least one coil and the magnetic field with the at least one magnet to interact with the electromagnetic field further comprises:
causing the plurality of EMATs to energize so that each EMAT generates the electromagnetic field with the at least one coil and the magnetic field with the at least one magnet to interact with the electromagnetic field such that the interaction of the magnetic field and the electromagnetic field causes vibration of the sleeve, and from the sleeve to the fluid container, to at least partially separate two or more fluid constituents of the fluid emulsion.
Ren also teaches such interacting of plural magnets and plural coils for the plurality of EMATs to generate an electromagnetic field [0007]. Ren teaches that such plurality maximizes the strength of the applied magnetic field [0045], with [0046-0047] and optimizes coverage of the applied magnetic field.
Thus, it would have been obvious to one of ordinary skill in the art of utilizing electromagnetic acoustic transducers, or processing fluid emulsions, to have modified the Al-Qasim apparatus by configuring plural (EMATs) to generate electromagnetic fields, each of the EMATs having at least one coil and the magnetic field with the at least one magnet to interact with the electromagnetic field, as taught by Ren, in order to maximize the strength of the applied magnetic field and optimize coverage of the applied magnetic field.
For claim 15, Ren also teaches wherein the plurality of groups of EMATs are formed into linear arrangements of EMATs within each group in parallel with an axis of the wall or surface of the fluid container [0043-0047]. Ren further teaches wherein the acoustic wave energy transducers (EMATs) being configured in rows and columns to cause wave energy which comprises radial wave energy and axisymmetric shear waves [0046-0047], hence maximizing the strength of the applied magnetic field [0045], with [0046-0047] suggesting optimizing coverage of the applied magnetic field.
Thus, it would have been obvious to one of ordinary skill in the art of utilizing electromagnetic acoustic transducers, or processing fluid emulsions, to have modified the Al-Qasim apparatus by configuring plural (EMATs) to cause wave energy which comprises radial wave energy and axisymmetric shear waves, as taught by Ren, in order to maximize the strength and coverage of the applied magnetic field.
It would have been also obvious to the skilled artisan to have incorporated such linear arrangements of groups of EMATs taught by Ren, into the Al-Qasim apparatus,
For claim 16, Ren also teaches wherein the fluid container comprises a pipeline 12 that necessarily includes an inlet and an outlet to enable fluid flow therethrough, and the axis comprises a longitudinal axis of the fluid container (figure 1 and [0028-0029 re alignment of the EMAT array along the longitudinal axis of the pipe).
It would have been also obvious to the skilled artisan to have incorporated the apparatus of Al-Qasim into such a pipeline and aligned with the axis of the pipeline, as taught by Ren, in order to enable treatment of fluid which is flowing such as fluid flow passing through such pipeline.
For claim 17, Al-Qasim is silent as to dimensions of the sleeve, however suggests that it’s dimensions may vary. Figure 2A illustrates a large ratio of sleeve length relative sleeve diameter, while [0025] and [0028] suggest the apparatus being applied to use for obtaining core samples from hydrocarbon reservoirs, thus having a diameter on the order of inches to feet. Claim 6 further differs by reciting wherein the sleeve is at least 8 feet in length and is between 4 and 10 inches in diameter.
Such sleeve dimensions are deemed to constitute results-effective variables for which it would have been obvious for one of ordinary skill in the prior art to have optimized by routine experimentation, so as to adapt the size of the sleeve of the apparatus and accompanying container to a particular application. The MPEP, Section 2144.05 includes court rulings that have determined that such types of parameter values or ranges do not support the patentability of such subject matter, particularly where the prior art contains similar ranges, amounts or proportions, or suggests such similarity, absent a finding of unexpected criticality or achieving of unexpected results.
Thus, it would have been accordingly obvious to have utilized such dimensions of sleeve, so as to adapt the size of the sleeve of the apparatus and accompanying container to a particular application for sampling cores of hydrocarbon reservoirs.
For claim 18, Al-Qasim further discloses or suggests wherein the fluid container may comprise a tank that includes an inlet, and with an axis which comprises a centerline axis of the fluid container (figure 1 and [0043-0044 regarding core holder housing 104 having a fluid inlet 114 and fluid outlet 116], the core holder being made of metallic material, thus being sturdy and tank-like [0003]).
Claim 19 further differs from Al-Qasim by requiring the apparatus to be configured wherein the operation of causing the plurality of EMATs to energize comprises causing the plurality of EMATs to energize in a synchronous or asynchronous pattern.
Ren also teaches such configuration of EMATs wherein the operation of causing the plurality of EMATs to energize comprises causing the plurality of EMATs to energize in a synchronous or asynchronous pattern [0041-0044 and 0049 teaching different ones of the electromagnets of EMATs in the array energized to have alternating magnetic polarizations, thus forming an asynchronous pattern, hence inherently provide more continuous directing of electromagnetic and acoustic wave energy].
Thus, it would have been obvious to one of ordinary skill in the art of utilizing electromagnetic acoustic transducers, or processing fluid emulsions, to have configured the Al-Qasim apparatus to energize in such a pattern as taught by Ren, in order to provide more continuous directing of electromagnetic and acoustic wave energy.
Claims 23-26 are rejected under 35 U.S.C. 103 as being unpatentable over Ren PGPUBS Document US 2023/0160858 (Ren) in view of Al-Qasim et al PGPUBS Document US 2021/0381328 (Al-Qasim). Referenced paragraph numbers of the Description of the relied upon PGPUBS Documents are identified with “[ ]” symbols.
For independent claim 23, Ren discloses: A system, comprising:
a fluid container formed of a conductive metal (pipe 12) and comprising at least one opening ([0028 and 0030 re pipe container 12, inherently having inlet and outlet openings to facilitate flow therethrough, and subject to cracking and wall loss, suggesting a metallic composition including iron, inherently magnetic] and [0067-0068 suggesting the pipe container being subject to some amount of accumulation of ferromagnetic debris]);
a plurality of electromagnetic acoustic transducers (EMATs) coupled with the fluid container ([0018 re EMAT assembly or system 16 mounted on robot 18 which in turn may be physically against the pipe container, and the EMAT system comprising a plurality of electromagnetic acoustic transducers (EMATs), 17, each of the plurality of EMATs comprising at least one conductive coil and at least one magnet positioned within or near the at least one conductive electrical coil 19),
each of the plurality of EMATs comprising at least one conductive coil and at least one magnet positioned adjacent the at least one conductive coil [0006, 0007 and 0029 re a plurality of electromagnets, each electromagnet having a magnetic core and a wound coil wrapped around the coil forming an electromagnetic array, operable to both generate a magnetic field and transmit acoustic ultrasound],
the plurality of EMATs comprising a plurality of groups of EMATs with each group including at least one EMAT [0006, 0007 and 0029 re a plurality of rows or “groups” of electromagnets, forming an electromagnetic array]; and
a control system communicably coupled to each of the plurality of EMATs and configured to transmit a pattern of electrical signals to the plurality of EMATs to cause the plurality of EMATs to energize so that each EMAT generates an electromagnetic field with the at least one coil and a magnetic field with the at least one magnet to interact with the electromagnetic field to generate acoustic wave energy directed through the fluid container (all disclosed at [0005, 0006, 0029 and 0030] re operability to control the electromagnets or EMATs through the control of power supply 14 which generates electrical power or “signals” to power supply 14 which thereby outputs electrical power to electrical coil(s) 19 to cause generation of acoustic wave energy as “ultrasound” within pipe container 12).
Claim 23, and claims dependent therefrom all differ by requiring the system to be operable to direct the generated acoustic or ultrasound wave energy to a hydrocarbon fluid emulsion within the fluid container to at least partially separate the hydrocarbon fluid emulsion into at least a water phase and a hydrocarbon phase.
Al-Qasim teaches a method and system for processing fluid emulsions occurring during sampling of core samples for oil and gas processing ([0002-0003 re the sampling processing] and [0060] re “particularly acting on an interface 235 of the different fluids or emulsion layer within the contained fluid”), comprising:
installing a sleeve configured to at least a portion of a fluid container that comprises at least one opening and is configured to at least partially enclose a fluid emulsion (Al-Qasim teaches an acoustic wave energy assembly (Abstract) to fluid contents of a container 104, 204, the container being in the form of a core housing [0004, 0018, 0043 re the wave energy being transmitted by through a sleeve 110 or 210 which has a plurality of fluid inlets, i.e. ‘inlet openings’ 214a, 214b and 214c to allow fluids including oil and water to flow into and mix in the container]);
the sleeve comprising an electromagnet transducer (EMAT) attached to the sleeve (Al-Qasim teaches in [0013] of a sleeve mountable within the inner volume of a container, and an acoustic wave energy assembly mounted within the sleeve, thus “attached to the sleeve” and characterizes such assembly in [0060], which teaches such assembly to comprise a sub-assembly including a single acoustic vibrator 235 which is positioned between the sleeve and “core sample” of contained fluid 210, which generates electromagnetic, acoustic wave energy.
Additionally, the MPEP at Section 2114 provides Court Decisions where it has been ruled that functional limitations in apparatus claims and recitations of what a device does, instead of what a device is do not distinguish or make non-obvious apparatus claims if the prior art teaches all of the structural limitations of the claim.
In summary, it would have been obvious to one of ordinary skill in the art of constructing and developing systems for providing electromagnetic fields for generating acoustic wave energy, to have located the Ren system, to be within or adjacent a container having an emulsion, such that the system is operable to direct the generated acoustic or ultrasound wave energy to a hydrocarbon fluid emulsion within the fluid container to at least partially separate the hydrocarbon fluid emulsion into at least a water phase and a hydrocarbon phase, as taught by Al-Qasim. Such application of the system would have been obvious since such a system employing EMATs, has proven operable to provide valuable measurements related to gas and oil recovery (Al-Qasim at [0002]).
For claim 24, Al-Qasim further teaches wherein the hydrocarbon phase comprises oil [0044 and 0060 re flow of oil, i.e. “hydrocarbon”].
Additionally, the MPEP at Section 2114 provides Court Decisions where it has been ruled that functional limitations in apparatus claims and recitations of what a device does, instead of what a device is do not distinguish or make non-obvious apparatus claims if the prior art teaches all of the structural limitations of the claim.
It would have again been obvious to one of ordinary skill in the art of constructing and developing systems for providing electromagnetic fields for generating acoustic wave energy, to have located the Ren system, to be within or adjacent a container having an emulsion, such that the system is operable to direct the generated acoustic or ultrasound wave energy to a hydrocarbon fluid emulsion within the fluid container to at least partially separate the hydrocarbon fluid emulsion into at least a water phase and a hydrocarbon phase, as taught by Al-Qasim.
Such application of the system would have been obvious since such system employing EMATs, has proven operable to provide valuable measurements related to gas and oil recovery from emulsions (Al-Qasim at [0002]).
Claim 25 further differs by requiring wherein the interaction of the magnetic field and the electromagnetic field generates vibration energy to be directed through the fluid container [0060 regarding electromagnetic wave energy which causes acoustic vibration energy to be applied to an oil water mixture and emulsion layer].
Claim 25 also differs by requiring the energy as being directed a hydrocarbon fluid emulsion within the fluid container to at least partially separate the hydrocarbon fluid emulsion into at least the water phase and the hydrocarbon phase.
Al-Qasim teaches such type of energy directing (again see [0002-0003 re the sampling processing] and [0060] re “particularly acting on an interface 235 of the different fluids or emulsion layer within the contained fluid”]).
Additionally, the MPEP at Section 2114 provides Court Decisions where it has been ruled that functional limitations in apparatus claims and recitations of what a device does, instead of what a device is do not distinguish or make non-obvious apparatus claims if the prior art teaches all of the structural limitations of the claim.
It would have again been obvious to one of ordinary skill in the art of constructing and developing systems for providing electromagnetic fields for generating acoustic wave energy, to have configured and located the Ren system, to be within or adjacent a container having an emulsion,
such that the system is operable to both generate vibration energy to be directed through the fluid container, and
to direct the generated acoustic or ultrasound wave energy to a hydrocarbon fluid emulsion within the fluid container to at least partially separate the hydrocarbon fluid emulsion into at least a water phase and a hydrocarbon phase, as taught by Al-Qasim.
Such application of the system would have been obvious since such system employing EMATs, has proven operable to provide valuable measurements related to gas and oil recovery from emulsions (Al-Qasim at [0002]).
For claim 26, Ren further discloses wherein the fluid container comprises a pipeline, thus utilizing a dynamic flow ([0028 and 0030 re pipe container 12, inherently having inlet and outlet openings to facilitate flow therethrough]).
Claim 26 differs by requiring wherein the hydrocarbon fluid emulsion comprises a dynamic flow of a mixed-phase hydrocarbon fluid that comprises the water phase and the hydrocarbon phase.
Al-Qasim teaches treatment of such a fluid mixture (again see [0002-0003 re the sampling processing] and [0060] re “particularly acting on an interface 235 of the different fluids or emulsion layer within the contained fluid”]).
Additionally, the MPEP at Section 2114 provides Court Decisions where it has been ruled that functional limitations in apparatus claims and recitations of what a device does, instead of what a device is do not distinguish or make non-obvious apparatus claims if the prior art teaches all of the structural limitations of the claim.
It would have again been obvious to one of ordinary skill in the art of constructing and developing systems for providing electromagnetic fields for generating acoustic wave energy, to have located the Ren system, to be within or adjacent a container having an emulsion, such that the system is operable to direct the generated acoustic or ultrasound wave energy to a hydrocarbon fluid emulsion within the fluid container to at least partially separate the hydrocarbon fluid emulsion into at least a water phase and a hydrocarbon phase, as taught by Al-Qasim.
Such application of the system would have been obvious since such system employing EMATs, has proven operable to provide valuable measurements related to gas and oil recovery from emulsions (Al-Qasim at [0002]).
Allowable Subject Matter
Claims 9-11, 20-22 and 27-29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 9 and 20 respectively distinguishes and is non-obvious over all of the prior art in view of recitation of wherein the sleeve is wherein the acoustic wave energy comprises a frequency of 20 kHz through the sleeve. The prior art does not suggest apparatus having such frequency of kHz. Al-Qasim teaches away from such applied frequency, teaching utilization of power of 0 Hz in [0029].
Claims 10 and 21 respectively distinguish and are non-obvious over all of the prior art in view of recitation of wherein the plurality of EMATs are attached to the sleeve with an adhesive or bonding agent. The prior art does not suggest such form of attachment of EMATs to the sleeve of a container. Ren teaches away from such adhesive or bonding in [0062] by reciting the EMATs being moveable and rearrangeable so as to change physical orientation.
Claims 11 and 22 respectfully distinguish and are non-obvious over all of the prior art in view of recitation of wherein the sleeve is comprised of a conductive metal. The prior art does not suggest a sleeve of a conductive metal material. Al-Qasim teaches away from the sleeve being of conductive metal in [0054] by instead suggesting the sleeve being flexible.
Claim 27 distinguishes and is non-obvious over all of the prior art in view of recitation of wherein a thickness of the fluid container is sufficient for the acoustic wave energy to achieve a frequency of 20 kHz through the sleeve. The prior art does not suggest apparatus having such frequency of kHz. Al-Qasim teaches away from such applied frequency, teaching utilization of power of 0 Hz in [0029].
Claim 28 distinguishes and is non-obvious over all of the prior art in view of recitation of wherein the conductive metal (of the container) is a first conductive metal, and the plurality of EMATs are coupled with the fluid container through a sleeve comprised of a second conductive metal. The prior art does not suggest a sleeve of a conductive metal material. Al-Qasim teaches away from the sleeve being of conductive metal in [0054] by instead suggesting the sleeve being flexible.
Claim 29 distinguishes and is non-obvious over all of the prior art in view of its dependency on claim 28 which is deemed to be distinguished and non-obvious.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Of particular interest , Canadian patent publication CA 2,399,909 is directed to applying a combination of electromagnetic and acoustic vibration to a reservoir containing drilling fluid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner Joseph Drodge at his direct government formal facsimile phone number telephone number of 571-272-1140. The examiner can normally be reached on Monday-Friday from approximately 8:00 AM to 1:00PM and 2:30 PM to 5:30 PM.
If attempts to reach the examiner are unsuccessful, the examiner' s supervisor, Benjamin Lebron, of Technology Center Unit 1773, can reached at 571-272-0475.
The telephone number, for official, formal communications, for the examining group where this application is assigned is 571-273-8300.
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JWD
03/11/2026
/JOSEPH W DRODGE/Primary Examiner, Art Unit 1773