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 .
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) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vilter et al (US Patent No. 2,427,638) in view of Hofbauer et al (US Patent No. 8,763,583) in view of Cummins et al (US Patent No. 7,524,173).
Vilter teaches:
limitations from claim 21, a method of operating a hydraulic fracturing pump associated with a high-pressure fracturing operation (the pump of Vilter pressurized fluid and therefore is capable of operating in association with a fracking operation), the hydraulic fracturing pump including a pump frame (7), a drive assembly having a crankshaft (13, 14), a plurality of first plungers (17; first from the left in FIG. 1), and a plurality of second plungers (17; second from the left in FIG. 1), the method comprising: rotating the crankshaft, wherein the crankshaft is connected to the plurality of first plungers and the plurality of second plungers such that the plurality of first plungers reciprocate in a first plane and the plurality of second plungers reciprocate in a second plane during rotation of the crankshaft (see annotated FIG. 2 below; C. 3 Lines 10-22), and wherein first plane intersects the second plane at an axis of the crankshaft (13, 14); pumping a first fracturing fluid via the plurality of first plungers; and pumping a second fracturing fluid via the plurality of second plungers (C. 3 Lines 10-22 and C. 6 Lines 65-70 in which high discharge pressures are maintained); wherein pumping the first and second fracturing fluids includes a first pair (see below) of the plurality of pairs of plungers discharging at least some of the first and second fracturing fluids (see for example FIG. 1 below, in which the right-most second plunger is in a compression stroke) while a second pair (see below) of the plurality of pairs of plungers draws-in at least some of the first and second fracturing fluids (see for example FIG. 1 below, in which the left-most second plunger is in a suction stroke);
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Vilter teaches connecting rods (18) with ends co-acting with a crank/connector (19) of the connecting rod such that the piston-cylinder units are offset but overlapping axially (FIG. 1), but is silent as to a first connector (crank) of the first plunger being located in a space between two connectors (cranks) of the second plunger;
However, Hofbauer teaches a plunger-crankshaft coupling (FIG. 2; paragraph 83); in which a first plunger (100a) is coupled to a crankshaft (96) via a first connector (108a), and a second plunger (100b) is coupled to the crankshaft via second and third connectors (106a-b) such that the first connector is within a space between the second and third connectors (see FIG. 2); and wherein the piston-cylinders may be arranged offset (FIG. 1 and FIG. 35; paragraph 139);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to couple the connecting rods/plungers to the crankshaft in the pump of Vilter, using meshed connectors as taught by Hofauer, in order to reduce the length of the crankshaft (paragraph 4 for example).
Vilter teaches multiple fluid ends (32) including inlet and outlet valves (20, 21), but does not teach that the plunger pump draws in fluid and discharges fluid on each stroke of an individual plunger within the respective fluid ends;
However, Cummins teaches a plunger pump utilized in downhole applications (FIG. 1-2; C. 1 Lines 21-50 and C. 3 Lines 50-53), and in which plungers (150) reciprocate within cylinders of a fluid end (160, 200); wherein the plungers are operated in a double acting manner such that both strokes of the plunger provide a suction and discharge (using valves 230, 260; C. 1 Lines 51-56 and C. 4 Lines 11-28);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to provide the plungers of Vilter as double acting plungers (including the addition of necessary valves, etc), as taught by Cummins, in order to increase an output flow of the pump without the addition of more plunger-cylinder assemblies. In the combination, each stroke of the pistons 17 will result in both a suction stroke and a discharge stroke (double acting) and therefore each fluid end will include a suction and discharge portion on each revolution of the shaft. See FIG. 1 above in which the 2nd plungers, for example, are alternately in suction/discharge phases.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hanson (US Patent No. 2,178,662) in view of Hofbauer et al (US Patent No. 8,763,583).
Hanson teaches:
limitations from claim 18, a method of operating a hydraulic fracturing pump (FIG. 1-3 and 7) associated with a high-pressure fracturing operation (the pump of Hanson pressurizes fluid and therefore is capable of operating in association with a fracking operation), the hydraulic fracturing pump including a pump frame (crankcase 15 and the body forming cylinders 11), a drive assembly having a crankshaft (14), a plurality of first plungers (12) configured to reciprocate in a first fluid end, and a plurality of second plungers (12) configured to reciprocate in a second fluid end, the method comprising: rotating the crankshaft, wherein the crankshaft is connected to a first plunger of the plurality of first plungers, and to a second plunger of the plurality of second plungers, such that first plunger reciprocates in a first plane and the second plunger reciprocates in a second plane during rotation of the crankshaft, wherein the first plane intersects the second plane at an axis of the crankshaft (see annotated Figures below; Page 2 C. 2 Lines 45-58 and Page 3 C. 1 Lines 5-25); pumping a first fracturing fluid from the first fluid end via the plurality of first plungers reciprocating in the first fluid end (via duct 42); and pumping a second fracturing fluid from the second fluid end via the plurality of second plungers reciprocating in the second fluid end (via duct 44), and wherein the first and second fluid ends are disposed below the crankshaft (this is merely a product of the orientation of the pump itself, the pump of Hanson meets or is capable of meeting this limitation, for example if the pump is flipped.);
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Hanson teaches connecting rods (13) with ends co-acting with a crank/connector of the connecting rod (FIG. 2), but is silent as to a first connector (crank) of the first plunger being located in a space between two connectors (cranks) of the second plunger;
Vilter teaches connecting rods (18) with ends co-acting with a crank/connector (19) of the connecting rod such that the piston-cylinder units are offset but overlapping axially (FIG. 1), but is silent as to a first connector (crank) of the first plunger being located in a space between two connectors (cranks) of the second plunger;
However, Hofbauer teaches a plunger-crankshaft coupling (FIG. 2; paragraph 83); in which a first plunger (100a) is coupled to a crankshaft (96) via a first connector (108a), and a second plunger (100b) is coupled to the crankshaft via second and third connectors (106a-b) such that the first connector is within a space between the second and third connectors (see FIG. 2); and wherein the piston-cylinders may be arranged offset (FIG. 1 and FIG. 35; paragraph 139);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to couple the connecting rods/plungers to the crankshaft in the pump of Vilter, using meshed connectors as taught by Hofauer, in order to reduce the length of the crankshaft (paragraph 4 for example).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hanson (US Patent No. 2,178,662) in view of Hofbauer et al (US Patent No. 8,763,583) as applied to claim 18 above, and in further view of Cummins et al (US Patent No. 7,524,173).
Hanson does not teach that the plungers provide fluid pressurization in both directions of reciprocation;
However, Cummins teaches a plunger pump utilized in downhole applications (FIG. 1-2; C. 1 Lines 21-50 and C. 3 Lines 50-53), and in which plungers (150) reciprocate within cylinders of a fluid end (160, 200); wherein the plungers are operated in a double acting manner such that both strokes of the plunger provide a suction and discharge (using valves 230, 260; C. 1 Lines 51-56 and C. 4 Lines 11-28);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to provide the plungers of Hanson as double acting plungers (including the addition of necessary valves, etc), as taught by Cummins, in order to increase an output flow of the pump without the addition of more plunger-cylinder assemblies.
Response to Arguments
Applicant argues that Vilter and/or Hofbauer are not analogous art, the examiner disagrees. Both references are drawn to piston machines, the components and advantages being applicable to various pistons machines, be they compressors, pumps, or motors. Further, Hofbauer teaches a piston arrangement that may reduce the length of a crankshaft, which is similar to the problem stated at paragraph 254 of the current application. This argument applies also to Hanson, which teaches a piston machine.
Applicant further argues that the pump of Vilter cannot pump at the forces required for fracturing a well, and that the pump cannot pump slurries. The examiner notes that the claims require neither a particular fluid nor a particular pressure that must be provided by the pump in the claimed process. Therefore, the examiner maintains that the pump of Vilter is capable of pumping some fluid associated with a fracturing operation as claimed. This argument applies also to Hanson, which teaches a pump capable of pumping some type of fluid associated with a fracking operation.
Allowable Subject Matter
Claims 2-4, 6-17, and 22 are allowed.
The examiner finds the applicant’s arguments persuasive, that the prior art does not teach the method claimed, wherein the pump is used to move a slurry.
Claims 3 and 20 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.
Regarding the limitations of claim 3 and 20, the prior art does not teach plunger pairs as claimed, such that each pair includes a first plunger and a second plunger from different planes; and particularly wherein the plunger pairs are engaged in a non-consecutive sequence along the rotation axis to cancel forces;
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S BOBISH whose telephone number is (571)270-5289. The examiner can normally be reached Mon-Fri 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S BOBISH/Examiner, Art Unit 3746
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