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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021102453 (hereinafter WO ‘453) in view of Perez-Cordova (US 20120103874; hereinafter Perez) and Edwards (US 4083227).
As regarding claim 1, WO ‘453 discloses the claimed invention for a mobile transport for handling slurry at a wellsite, the mobile transport comprising: an enclosure disposed on the mobile transport and having a chamber configured to hold the slurry; a weighing assembly disposed on the mobile transport and being configured to weigh solid content of the slurry discharged from the wellsite to the chamber; one or more liquid level sensors disposed on the mobile transport and being configured to measure a level of the slurry in the chamber; one or more gas sensors disposed on the mobile transport and being configured to measure a property of gas content in the chamber; and a control system in operational communication with the weighing assembly, the one or more level sensors and the one or more gas sensors (abstract).
WO ‘453 does not disclose a vapor recovery assembly disposed on the mobile transport and being in communication with the chamber, the vapor recovery assembly being configured to recover the gas content of the slurry from the chamber. Perez teaches a vapor recovery assembly ([0079-[0083]; and 60 of fig. 10) disposed on the mobile transport ([0084]-[0085]) and being in communication with the chamber (102, [0061] and [0013]), the vapor recovery assembly being configured to recover the gas content of the slurry from the chamber. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a vapor recovery assembly disposed on the mobile transport and being in communication with the chamber, the vapor recovery assembly being configured to recover the gas content of the slurry from the chamber as taught by Perez for the purpose of processing the vapors produced using the system on-site.
WO ‘453 as modified does not disclose the control system being configured to control the vapor recovery assembly at least in response to the measured property of the gas content in the chamber. Edwards teaches the control system being configured to control the vapor recovery assembly at least in response to the measured property of the gas content in the chamber (col 1 ln 6-13). Both WO ‘453 and Edwards are directed to a hydrocarbon flow operation. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide the control system being configured to control the vapor recovery assembly at least in response to the measured property of the gas content in the chamber as taught by Edwards in order to enhance mobile transport performance.
As regarding claim 2, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention except for wherein the enclosure comprises a weir plate disposed in the chamber and dividing the chamber into two sections. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the enclosure comprises a weir plate disposed in the chamber and dividing the chamber into two sections in order to enhance mobile transport performance, since it was known in the art as shown in Thakur et al (US 4247312; hereinafter Thakur; weir plate – 39, 40 and 41 of fig. 2).
As regarding claim 3, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention for wherein the enclosure comprises outlets (Thakur - 42) in separate communication with the two sections of the chamber.
As regarding claim 4, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention for a transfer pump disposed on the mobile transport and in communication with a drain in the chamber, the transfer pump being configured to pump liquid content of the slurry from the chamber to an outlet on the mobile transport (Thakur – col 2 ln 49-53 and col 3 ln 20-25 and 39-41).
As regarding claim 5, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention for wherein the control system is configured to pump the liquid content from the chamber to the outlet at least in response to the measured level of the one or more level sensors (WO ‘453 - [0046]; figs. 4-7).
As regarding claim 6, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention except for wherein the weighing assembly comprises one or more weight modules removably mounted to the enclosure. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the weighing assembly comprises one or more weight modules removably mounted to the enclosure in order to enhance mobile transport performance, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlicnrnan, 168 USPQ 177, 179 and In reDulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961).
As regarding claim 7, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention except for wherein the weighing assembly comprises: a hopper configured to receive the slurry; a gate disposed on the hopper and being configured to open and close communication of the hopper with the chamber; an actuator associated with the gate and being configured to open and close the gate; and a weight sensor associated with at least one of the hopper and the gate, the weight sensor being configured to measure a weight associated with the solid content of the slurry received in the hopper. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the weighing assembly comprises: a hopper configured to receive the slurry; a gate disposed on the hopper and being configured to open and close communication of the hopper with the chamber; an actuator associated with the gate and being configured to open and close the gate; and a weight sensor associated with at least one of the hopper and the gate, the weight sensor being configured to measure a weight associated with the solid content of the slurry received in the hopper in order to enhance mobile transport performance, since it was known in the art as shown in Stout et al (US 20220268134; hereinafter Stout; [0028]).
As regarding claim 8, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention for wherein the control system is configured to track the solid content of the slurry based at least on the measured weight (Stout – [0030]).
As regarding claim 9, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention for wherein the one or more level sensors comprise a float sensor ([0033]-[0034] and [0036]) disposed in the chamber and in operational communication with the control system, the control system being configured to automatically turn off a portion of the mobile transport in response to the level measured by the float sensor reaching a predetermined threshold.
As regarding claim 10, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention for wherein the one or more level sensors comprise a level sensor disposed in the chamber and in operational communication with the control system, the control system being configured to transmit data of the level measured by the level sensor to a network ([0007], [0034] and [0045]).
As regarding claim 11, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention for wherein the one or more gas sensors ([0044] – other sensors) are configured to measure at least one of a constituent, a pressure, a volume, and a concentration as the property of the gas content in the chamber.
Alternatively, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the one or more gas sensors are configured to measure at least one of a constituent, a pressure, a volume, and a concentration as the property of the gas content in the chamber in order to enhance mobile transport performance, since it was known in the art as shown in Swan (US 20180059692; [0046]).
As regarding claim 12, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention except for wherein the vapor recovery assembly comprises: a suction pump in communication with the chamber of the enclosure and being configured to draw the gas content; and a compression package in communication with the suction pump and being configured to recover gas from the gas content for a gas outlet of the mobile transport. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the vapor recovery assembly comprises: a suction pump in communication with the chamber of the enclosure and being configured to draw the gas content; and a compression package in communication with the suction pump and being configured to recover gas from the gas content for a gas outlet of the mobile transport in order to enhance mobile transport performance, since it was known in the art as shown in Pearce et al (US 20250137367; fig. 3C – vapor recovery compressor – having “suction pump and compression package”).
As regarding claim 13, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention except for a hydraulic power unit disposed on the mobile transport and being configured to actuate the mobile transport. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a hydraulic power unit disposed on the mobile transport and being configured to actuate the mobile transport in order to enhance mobile transport performance, since it was known in the art as shown in Mei (US 20210262473; [0006]).
As regarding claim 14, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention except for wherein the control system comprises a local control unit housed in a module disposed on the mobile transport between the enclosure and the vapor recovery assembly. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the control system comprises a local control unit housed in a module disposed on the mobile transport between the enclosure and the vapor recovery assembly in order to enhance mobile transport performance, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
As regarding claim 15, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention except for wherein the control system further comprises a centralized control unit in communication with the local control unit and being configured to coordinate operation of the local control unit with a flow management arrangement at the wellsite. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the control system further comprises a centralized control unit in communication with the local control unit and being configured to coordinate operation of the local control unit with a flow management arrangement at the wellsite in order to enhance mobile transport performance, since it was known in the art as shown in Sandsten et al (US 20200202569; hereinafter Sandsten; [0031]-[0032]) or Zhong et al (US 20220162931; hereinafter Zhong; [0086]).
As regarding claim 16, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention except for a visual indicator disposed on the mobile transport and being configured to visually display the measured level in the chamber. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a visual indicator disposed on the mobile transport and being configured to visually display the measured level in the chamber in order to enhance mobile transport performance, since it was known in the art as shown in Covington et al {US 20190338481; hereinafter Covington; [0219] – ‘…detecting water levels in the vessel include visual inspection (via camera, naked eye, etc.)}.
As regarding claim 17, WO ‘453 as modified discloses all of limitations as set forth above. WO ‘453 as modified discloses the claimed invention for wherein the mobile transport comprises a trailer (60 of fig. 3; [0030]), a vehicle, a truck, a platform, or a skid.
Claims 18-21 are likewise rejected for reasons analogous to those outlined with respect to claims 1-17 above.
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773