DETAILED ACTION
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 Objections
Claims 1, 5, and 18-20 are objected to because of the following informalities:
Claim 1 includes the limitations “the flow rate” and “the incremental volume of fluid” that lack antecedent basis. For the purposes of examination, the limitations will be read as “a flow rate” and “an incremental volume of fluid.”
Claim 5 includes the limitation “a dynamic flow said processor.” For clarity it will be read as “a dynamic flow processor.”
Claim 12 includes the limitation “two downstream said flow rates” that lacks antecedent basis. For the purposes of examination, the limitation will be read as “two downstream flow rates.”
Claim 18 includes the limitation “a change of discharge said volume.” For clarity it will be read as “a change of discharge volume.”
Claim 18 includes the limitations “the current discharge said flow rate,” “the change of recirculation said volume,” and “the current recirculation said flowrate” lack antecedent basis. For the purposes of examination, the limitations will be read as “a current discharge flow rate,” “a change of recirculation volume,” and “a current recirculation flow rate.”
Claim 19 includes the limitations “the change of recirculation said volume” and “the current recirculation said flow rate.” For clarity they will be read as “the change of recirculation volume” and “the current recirculation flowrate.”
Claim 20 includes the limitations “the position of the valve assembly,” “the change of volume of said fluid passing through the valve assembly,” “the current flow rate of said fluid entering the valve assembly,” in lines 4-7 and “determining whether the valve assembly is changing direction at the current measurement of the position of the valve assembly” in line 8 that lack antecedent basis. For the purposes of examination, the limitations will be read as “a position of the valve assembly” “a change of volume of said fluid passing through the valve assembly,” “a current flow rate of said fluid entering the valve assembly,” and “determining whether the valve assembly is changing direction at a current measurement of the position of the valve assembly.”
Appropriate correction is required.
Claim 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 includes the limitation “with discharge and recirculation flow rates and total discharge and recirculation volumes being determinable therefrom.” It is unclear and indefinite if the values are determined or to what extent they have to be determined in order for them to be “determinable therefrom.” It has been held that the recitation that an element is "capable of" performing a function is not a positive limitation but only requires the ability to so perform. For the purposes of examination, it does not constitute a limitation in any patentable sense. (In re Hutchison, 69 USPQ. 138.)
Claims that depend on the above rejected claims are also rejected under 35 U.S.C. 112(b) or 35
U.S.C. 112 (pre-AIA ), second paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 18-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
With respect to claim 18, the following bold limitations are considered abstract:
obtaining in real-time a current position of the valve assembly, a change of volume of the fluid passing through the valve assembly and a current flow rate of the fluid entering the valve assembly;
determining via a processor whether the current position of the valve assembly is a discharge position and whether the valve assembly was in the discharge position in a previous measurement of the position of the valve assembly and if so, determining that the change of volume of the fluid passing through the valve assembly is a change of discharge said volume and that the current flow rate of the fluid entering the valve assembly is the current discharge said flow rate;
and determining via the processor whether the current position of the valve assembly is a recirculation position and whether the valve assembly was in the recirculation position in the previous measurement of the position of the valve assembly and if so, determining that the change of volume of the fluid passing through the valve assembly is the change of recirculation said volume and that the current flow rate of the fluid entering the valve assembly is the current recirculation said flow rate.
The above bolded limitations are directed to abstract ideas and would fall within the “Mental Process” grouping of abstract ideas. Determining information from obtained data can be done in the human mind using observation, judgement, and opinion. MPEP 2106.04(a)(2) states “Nor do the courts distinguish between claims that recite mental processes performed by humans and claims that recite mental processes performed on a computer. As the Federal Circuit has explained, "[c]ourts have examined claims that required the use of a computer and still found that the underlying, patent-ineligible invention could be performed via pen and paper or in a person’s mind." Versata Dev. Group v. SAP Am., Inc., 793 F.3d 1306, 1335, 115 USPQ2d 1681, 1702 (Fed. Cir. 2015). See also Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307, 1318, 120 USPQ2d 1353, 1360 (Fed. Cir. 2016) (‘‘[W]ith the exception of generic computer-implemented steps, there is nothing in the claims themselves that foreclose them from being performed by a human, mentally or with pen and paper.’’); Mortgage Grader, Inc. v. First Choice Loan Servs. Inc., 811 F.3d 1314, 1324, 117 USPQ2d 1693, 1699 (Fed. Cir. 2016) (holding that computer-implemented method for "anonymous loan shopping" was an abstract idea because it could be "performed by humans without a computer").”
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements –
“obtaining in real-time a current position of the valve assembly, a change of volume of the fluid passing through the valve assembly and a current flow rate of the fluid entering the valve assembly; determining via a processor”
Examiner views these limitations amount to generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
As such Examiner does NOT view that the claims
-Improve the functioning of a computer, or to any other technology or technical field
-Apply the judicial exception with, or by use of, a particular machine - see MPEP
2106.05(b)
-Effect a transformation or reduction of a particular article to a different state or thing -
see MPEP 2106.05(c)
-Apply or use the judicial exception in some other meaningful way beyond generally
linking the use of the judicial exception to a particular technological environment, such that the
claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP
2106.05(e) and Vanda Memo.
Moreover, Examiner views the claims to be merely generally linking the use of the judicial exception to a computer system and data from a valve assembly.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of “obtaining in real-time a current position of the valve assembly, a change of volume of the fluid passing through the valve assembly and a current flow rate of the fluid entering the valve assembly; determining via a processor” amounts to mere data gathering as data is just obtained and using a computer as a tool to determine information. Examiner further notes that such additional elements are viewed to be well known routine and conventional as evidenced by
Brown (US 20230105634 A1)
Sendelius (US 20220305441 A1)
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. Considering the claim as a whole, one of ordinary skill in the art would not know the practical application of the present invention since the claims do not apply or use the judicial exception in some meaningful way. As currently claimed, Examiner views that the additional elements do not apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, because the claim fails to recite clearly how the judicial exception is applied in a manner that does not monopolize the exception because the limitations ““obtaining in real-time a current position of the valve assembly, a change of volume of the fluid passing through the valve assembly and a current flow rate of the fluid entering the valve assembly; determining via a processor” just tie the claim to generic position data of a valve and a well-known computer processor.
With respect to claim 20, the following bold limitations are considered abstract:
i) obtaining in real-time
a) the position of the valve assembly,
b) a start time at which of the valve assembly last changed position,
c) the change of volume of said fluid passing through the valve assembly and
d) the current flow rate of said fluid entering the valve assembly;
ii) determining whether the valve assembly is changing direction at the current measurement of the position of the valve assembly and
a) if so, shifting an equation describing a closure pattern of the valve assembly horizontally to match the start time and
b) if the valve assembly is determined to not be changing direction at the current measurement of the position of the valve assembly, determining whether the valve assembly has changed direction since a last measurement of the position of the valve assembly and if so, shifting the equation describing the closure pattern of the valve assembly horizontally to match the start time, and
c) calculating the current discharge and recirculation flow rates and calculating the change in discharge and recirculation volume based thereon;
and iii) if the valve assembly is determined to not be changing direction at the current measurement nor to have changed direction since the last measurement of the position thereof, determining whether the position of the valve assembly is a discharge position and
a) if so, determining that the change of volume of said fluid passing through the valve assembly is equal to the change in discharge said volume and determining that the current flow rate of said fluid entering the valve assembly is equal to the current discharge said flow rate;
and b) if no, determining that the change of volume of said fluid passing through the valve assembly is equal to the change in recirculation said volume and determining that the current flow rate of said fluid entering the valve assembly is equal to the current recirculation said flow rate.
The above bolded limitations are directed to abstract ideas and would fall within the “Mental Process” and “mathematical concept” grouping of abstract ideas. Determining information from obtained data can be done in the human mind using observation, judgement, and opinion making the limitations directed to determining information about the valve system a mental process. Shifting an equation horizontally to match a start time is a well-known mathematical operation making the limitation a mathematical concept.
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements –
“i) obtaining in real-time
a) the position of the valve assembly,
b) a start time at which of the valve assembly last changed position,
c) the change of volume of said fluid passing through the valve assembly and
d) the current flow rate of said fluid entering the valve assembly;”
Examiner views these limitations amount to generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
As such Examiner does NOT view that the claims
-Improve the functioning of a computer, or to any other technology or technical field
-Apply the judicial exception with, or by use of, a particular machine - see MPEP
2106.05(b)
-Effect a transformation or reduction of a particular article to a different state or thing -
see MPEP 2106.05(c)
-Apply or use the judicial exception in some other meaningful way beyond generally
linking the use of the judicial exception to a particular technological environment, such that the
claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP
2106.05(e) and Vanda Memo.
Moreover, Examiner views the claims to be merely generally linking the use of the judicial exception to data from a valve assembly.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of
“i) obtaining in real-time
a) the position of the valve assembly,
b) a start time at which of the valve assembly last changed position,
c) the change of volume of said fluid passing through the valve assembly and
d) the current flow rate of said fluid entering the valve assembly”
amount to mere data gathering as data regarding the valve assembly is just obtained. Examiner further notes that such additional elements are viewed to be well known routine and conventional as evidenced by
Brown (US 20230105634 A1)
Sendelius (US 20220305441 A1)
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. Considering the claim as a whole, one of ordinary skill in the art would not know the practical application of the present invention since the claims do not apply or use the judicial exception in some meaningful way. As currently claimed, Examiner views that the additional elements do not apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, because the claim fails to recite clearly how the judicial exception is applied in a manner that does not monopolize the exception because the limitations
i) obtaining in real-time
a) the position of the valve assembly,
b) a start time at which of the valve assembly last changed position,
c) the change of volume of said fluid passing through the valve assembly and
d) the current flow rate of said fluid entering the valve assembly” just tie the claim to generic position data of a valve and some volume of fluid flowing through a valve.
Dependent claim 19 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitation(s) fail(s) to establish that the claims are not directed to an abstract idea, as detailed below:
Claim 19 includes another determining step based on obtained data and is therefore also a mental process.
Therefore, dependent claim 19 further limits the abstract idea with an abstract idea and thus the claims are still directed to an abstract idea without significantly more.
Claim 13 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because a computer product is directed to a computer program per se and/or to a transitory signal per se. Paragraph [0093] of the specification states that the computer “program product” is intended to be non-limiting in scope and may comprise any transmission-type media. The examiner suggests the claim be amended to recite something like “A computer program product comprising a non-transitory computer readable medium…” in order to exclude a computer program per se and a transitory signal per se from the scope of the claim.
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.
Claims 1, 3, 5, 6, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Brown (US 20230105634 A1) as modified by Sendelius (US 20220305441 A1).
With respect to claim 1,
Brown teaches,
A water monitoring and control system comprising:
fluid outputted from a worksite (Para. [0005] teaches “Embodiments of a multiphase flow meter are described below that may be coupled to a well, in-line with downstream components, and that may utilize internal geometries of the fluid flow path” (i.e. a well is viewed as a worksite.))
and a data acquisition system configured to obtain data indicative in real-time of valve positioning, (Para. [0025] teaches “In some implementations, the moveable element may include a check disk of a valve” Para. [0038] teaches “The flowmeter assembly 202 may include circuitry 224, which may include one or more sensors to determine a position of the movable element 216, one or more pressure sensors, other sensors, or any combination thereof.”)
the flow rate of fluid outputted from the worksite and the incremental volume of fluid outputted from the worksite, (Abstract teaches “a flow rate of the fluid mixture based on the pressure data and the position data and first volumes of gas and liquid within the fluid mixture based on frequency data determined from the position data.” Para. [0052] teaches “the processor 338 may be configured to determine volumes of oil and water within the fluid mixture based on one or more of the pressure data, the position data,” (i.e. incremental volume.))
with discharge and recirculation flow rates and total discharge and recirculation volumes being determinable therefrom. (For the purposes of examination, it does not constitute a limitation in any patentable sense. (In re Hutchison, 69 USPQ. 138.))
Brown does not explicitly teach,
a valve assembly configured to receive fluid outputted from a worksite and either recirculate or discharge the fluid based on whether the fluid satisfies one or more predetermined conditions;
Sendelius teaches,
a valve assembly configured to receive fluid outputted from a worksite and either recirculate or discharge the fluid based on whether the fluid satisfies one or more predetermined conditions; (Para. [0041] teaches “The waste path 26 is connected at one end to the reject path 24, and at the other end connected to a drain valve 13. The drain valve 13 is here a three-way valve,” (i.e. valve assembly.) Para. [0006] teaches “The method further comprises recirculating a first portion of the reject water, and controlling a drain flow rate Q.sub.drain to drain, from a second portion of the reject water, to accomplish the target recovery based on the product water flow rate Q.sub.prod.” (i.e. predetermined condition))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Brown with a valve assembly configured to receive fluid outputted from a worksite and either recirculate or discharge the fluid based on whether the fluid satisfies one or more predetermined conditions such as that of Sendelius.
One of ordinary skill would have been motivated to modify Brown, because draining and recirculating fluid would allow the system to maintain a target pressure and a target fluid quality as seen in Para. [0030] of Sendelius making the system more stable.
With respect to claim 3,
Brown further teaches,
A water monitoring and control system according to claim 1, including one or more of: wherein the data acquisition system includes a flow meter upstream of the valve assembly, with the data indicative of the flow rate of fluid outputted from the worksite and the incremental volume of fluid outputted from the worksite being obtained via said flow meter; (Fig. 3 shows that flowmeter 300 is upstream of the valve systems.)
and wherein the data acquisition system includes a valve positioning sensor or one or more relays activation of which causes actuation of the valve assembly, with the data indicative of the valve positioning being obtained thereby. (Fig. 3 shows position sensors 336 within circuit 224)
With respect to claim 5,
Brown further teaches,
A water monitoring and control system of claim 1, wherein one or more of: wherein the system includes a processor to which said data is transmitted and via which is determined the discharge and recirculation flow rates and the total discharge and recirculation volumes; (Fig. 3 shows processors 338.)
With respect to claim 6,
Brown further teaches,
wherein one or more of: the data acquisition system is configured to obtain said data locally; the system includes a transceiver via which the data is communicated to a processor; the data is processed off-site at least in part; the processor is a part of a cloud computing system; and the data is stored off-site. (Fig. 6 shows that data is stored and processed offsite in computer devices 638. And that the circuit 224 which is viewed as the data acquisition system attains data locally. Para. [0048] further teaches “The communication circuitry 340 may also include network interfaces, which may include one or more transceivers that may send data and receive data or processor-readable instructions through a wired or wireless (radio frequency) communications link to a control system or a computing device.”)
With respect to claim 10,
Brown further teaches,
including one or more sensors configured to measure properties of the fluid in real-time, the one or more sensors being in communication with a processor, (Para. [0084] teaches “First, the flowmeter 300 may provide measurement data in real-time and for the entire operating cycle of the well,”)
Brown does not explicitly teach,
with the system via the processor determining whether the fluid satisfies said one or more predetermined conditions based thereon, and if so actuating the valve assembly to discharge the fluid from the worksite and if no, actuating the valve assembly to recirculate the fluid to the worksite.
Sendelius teaches,
with the system via the processor determining whether the fluid satisfies said one or more predetermined conditions based thereon, and if so actuating the valve assembly to discharge the fluid from the worksite and if no, actuating the valve assembly to recirculate the fluid to the worksite. (Para. [0041] teaches “The waste path 26 is connected at one end to the reject path 24, and at the other end connected to a drain valve 13. The drain valve 13 is here a three-way valve,” (i.e. valve assembly.) Para. [0006] teaches “The method further comprises recirculating a first portion of the reject water, and controlling a drain flow rate Q.sub.drain to drain, from a second portion of the reject water, to accomplish the target recovery based on the product water flow rate Q.sub.prod.” (i.e. depending on the product water flow rate some of the fluid is drained and some is recirculated.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Brown with the system via the processor determining whether the fluid satisfies said one or more predetermined conditions based thereon, and if so actuating the valve assembly to discharge the fluid from the worksite and if no, actuating the valve assembly to recirculate the fluid to the worksite such as that of Sendelius.
One of ordinary skill would have been motivated to modify Brown, because draining and recirculating fluid would allow the system to maintain a target pressure and a target fluid quality as seen in Para. [0030] of Sendelius making the system more stable.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Brown (US 20230105634 A1) and Sendelius (US 20220305441 A1) as applied to claim 1 above, and further in view of Lovell (US 20250044814 A1).
With respect to claim 4,
The combination of Brown and Sendelius does not explicitly teach,
A water monitoring and control system of claim 1, including one or more of: the system includes a flow meter with a totalizer; the totalizer is configured to measure a total accumulated volume of fluid passing through the flow meter in real-time; the totalizer is configured to operate locally on the flow meter or on a controller of the valve assembly; the data is fetched remotely with the totalizer being configured to accumulate the flow of said fluid passing the flow meter locally between each data fetch cycle;
the system includes a high-speed digital input counter to acquire volume information from the flow meter; the high-speed digital input counter acquires volume information from the flow meter in the form of a volume per pulse; and the high-speed digital input counter operates in the range of 0 to 500 Hz.
Lovell teaches,
the system includes a flow meter with a totalizer; the totalizer is configured to measure a total accumulated volume of fluid passing through the flow meter in real-time; the totalizer is configured to operate locally on the flow meter or on a controller of the valve assembly; the data is fetched remotely with the totalizer being configured to accumulate the flow of said fluid passing the flow meter locally between each data fetch cycle; (Para. [0042] teaches “Without the remote device 140, the fluid control system 300 may include a totalizer 310 in communication with the flow meter 155. The totalizer 310 may be configured to monitor the flow meter 155 to generate values of total process fluid consumed or vented by the fluid control system 300. Thus, certain regulatory reporting requirements may be satisfied” Fig. 3 shows totalizer 310 positioned locally on the flow meter.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Brown and Sendelius wherein the system includes a flow meter with a totalizer; the totalizer is configured to measure a total accumulated volume of fluid passing through the flow meter in real-time; the totalizer is configured to operate locally on the flow meter or on a controller of the valve assembly; the data is fetched remotely with the totalizer being configured to accumulate the flow of said fluid passing the flow meter locally between each data fetch cycle such as that of Lovell.
One of ordinary skill would have been motivated to modify the combination of Brown and Sendelius, because the system would be able to monitor the total volume of fluid that passes through it. Furthermore, it may help the system reach regulatory requirements as taught in Para. [0042] of Lovell.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Brown (US 20230105634 A1) and Sendelius (US 20220305441 A1) as applied to claim 1 above, and further in view of Aughton (US 20170153132 A1).
With respect to claim 7,
The combination of Brown and Sendelius does not explicitly teach,
A water monitoring and control system according to claim 1, wherein the valve assembly has a valve closure pattern indicative of the extent to which the valve assembly is open to discharge or recirculate fluid as a function of time and wherein a processor incorporates said valve closure pattern at least in part in determining one or more of: the discharge and recirculation flow rates, the total discharge volume and the total recirculation volume.
Aughton teaches,
A water monitoring and control system according to claim 1, wherein the valve assembly has a valve closure pattern indicative of the extent to which the valve assembly is open to discharge or recirculate fluid as a function of time and wherein a processor incorporates said valve closure pattern at least in part in determining one or more of: the discharge and recirculation flow rates, the total discharge volume and the total recirculation volume. (Para. [0008] teaches “determining a relationship or algorithm for said flow rate using calculations derived from system identification techniques based on data received from the monitoring of the flow output from said flow meter and data received from the monitoring of the gate opening position;” (i.e. gate opening position is viewed as analogous to closure pattern) Para. [0037] teaches “The algorithm can be used to provide the flow rate Q for the installation based on the continually monitored output data Q.sub.TPFM from the flow meter 26 and the gate position d. The flow rate can be represented as Q=f (Q.sub.TPFM, d, D, x).”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Brown and Sendelius wherein the system includes a flow meter with a totalizer; the totalizer is configured to measure a total accumulated volume of fluid passing through the flow meter in real-time; the totalizer is configured to operate locally on the flow meter or on a controller of the valve assembly; the data is fetched remotely with the totalizer being configured to accumulate the flow of said fluid passing the flow meter locally between each data fetch cycle such as that of Aughton.
One of ordinary skill would have been motivated to modify the combination of Brown and Sendelius, because as seen in Para. [0036] of Aughton not accounting for the valve position contributes to measurement inaccuracies in the flow rate.
Claims 2 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Brown (US 20230105634 A1) and Sendelius (US 20220305441 A1) as applied to claim 1 above, and further in view of OpenStax (Flow Rate and Its Relation to Velocity; 2022).
With respect to claim 2,
Brown teaches,
A water monitoring and control system according to claim 1, including:
a flow meter configured to obtain said flow rate of fluid and said incremental volume of fluid outputted from the worksite in real-time; (Para. [0041] teaches “multiphase flowmeter is disclosed that may be implemented as a check valve, which may be configured to modify or replace existing check valves to provide the valve functionality and to provide real-time measurements of flowrate and cuts of gas, liquid, and oil.” Para. [0052] teaches “The processor 338 may be configured to receive the position data associated with the movable element 216 and to determine a volume of gas within the fluid mixture based on changes in the position data over time. In still another example, the processor 338 may be configured to determine volumes of oil and water within the fluid mixture based on one or more of the pressure data, the position data, or data from other sensors.”)
a valve position sensor or relay via which positioning of the valve assembly is obtained in real-time; (para. [0038] teaches “The flowmeter assembly 202 may include circuitry 224, which may include one or more sensors to determine a position of the movable element 216,”)
and a processor configured to
i) obtain said data, (Para. [0038] teaches “Additionally, the circuitry 224 may include a processor configured to determine the flow rate and the cut of the different phases within the fluid mixture based on the position of the movable element 216, pressure data, other data, or any combination thereof.”
ii) obtain or determine valve position as a function of time based thereon, (Para. [0040] teaches “Changes to the position of the movable element 216 over time”)
Brown does not explicitly teach,
iii) correlate the flow rate of fluid obtained by the flow meter with valve position to determine discharge and recirculation flow rates as a function of time,
and iv) correlate the incremental volume with valve position as a function of time and sum said incremental volume of fluid so correlated to determine said total discharge and recirculation volumes for a given time period
Sendelius teaches,
iii) correlate the flow rate of fluid obtained by the flow meter with valve position to determine discharge and recirculation flow rates as a function of time, (Para. [0056] teaches “When using a valve in the recirculation flow path, the values of Q.sub.re1 and Q.sub.re2, if any, are known to the control arrangement 30. Q.sub.drain is the flow rate of the reject water passed to drain, also referred to as drain water. Q.sub.drain may be estimated from the amount of time and/or degree the drain valve 13 is open to drain 16, as known to the skilled in the art.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Brown with correlate the flow rate of fluid obtained by the flow meter with valve position to determine discharge and recirculation flow rates as a function of time, such as that of Sendelius.
One of ordinary skill would have been motivated to modify Sendelius, because the position of the valve greatly impacts the flow rate. If the valve is only partially open less water will flow than if the valve is completely open.
The combination of Sendelius and Brown does not explicitly teach,
and iv) correlate the incremental volume with valve position as a function of time and sum said incremental volume of fluid so correlated to determine said total discharge and recirculation volumes for a given time period.
OpenStax teaches,
and iv) correlate the incremental volume with valve position as a function of time and sum said incremental volume of fluid so correlated to determine said total discharge and recirculation volumes for a given time period. (Example 12.1.1 teaches “Time and flow rate are given, and so the volume can be calculated from the definition of flow rate.” Since the flow rate of both paths are found in Sendelius it would be obvious to use the above relationship to find the volume of both paths.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Brown and Sendelius with correlate the incremental volume with valve position as a function of time and sum said incremental volume of fluid so correlated to determine said total discharge and recirculation volumes for a given time period such as that of OpenStax.
One of ordinary skill would have been motivated to modify the combination of Brown and Sendelius, because knowing the volume of fluid that is recirculated and drained would allow the system to make adjustments depending on how much fluid needs to be retained by the worksite.
With respect to claim 12,
Brown further teaches,
obtaining data in real-time indicative of valve positioning of the valve assembly, the flow rate of said fluid upstream of the valve assembly via a flow meter and the incremental volume of fluid passing through the flow meter; (Para. [0041] teaches “multiphase flowmeter is disclosed that may be implemented as a check valve, which may be configured to modify or replace existing check valves to provide the valve functionality and to provide real-time measurements of flowrate and cuts of gas, liquid, and oil.” Para. [0052] teaches “The processor 338 may be configured to receive the position data associated with the movable element 216 and to determine a volume of gas within the fluid mixture based on changes in the position data over time. In still another example, the processor 338 may be configured to determine volumes of oil and water within the fluid mixture based on one or more of the pressure data, the position data, or data from other sensors.”)
Brown does not explicitly teach,
discharging said fluid from the worksite which satisfies said one or more predetermined conditions via the valve assembly and recirculating fluid to the worksite which fails to satisfy said one or more predetermined conditions via the valve assembly;
and using said data to determine the discharge and recirculation flow rates and the total volume of discharge and recirculation of said fluid.
Sendelius teaches,
discharging said fluid from the worksite which satisfies said one or more predetermined conditions via the valve assembly and recirculating fluid to the worksite which fails to satisfy said one or more predetermined conditions via the valve assembly; (Para. [0041] teaches “The waste path 26 is connected at one end to the reject path 24, and at the other end connected to a drain valve 13. The drain valve 13 is here a three-way valve,” (i.e. valve assembly.) Para. [0006] teaches “The method further comprises recirculating a first portion of the reject water, and controlling a drain flow rate Q.sub.drain to drain, from a second portion of the reject water, to accomplish the target recovery based on the product water flow rate Q.sub.prod.” (i.e. predetermined condition))
and using said data to determine the discharge and recirculation flow rates (Para. [0056] teaches “When using a valve in the recirculation flow path, the values of Q.sub.re1 and Q.sub.re2, if any, are known to the control arrangement 30. Q.sub.drain is the flow rate of the reject water passed to drain, also referred to as drain water. Q.sub.drain may be estimated from the amount of time and/or degree the drain valve 13 is open to drain 16, as known to the skilled in the art.”) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Brown and Sendelius with discharging said fluid from the worksite which satisfies said one or more predetermined conditions via the valve assembly and recirculating fluid to the worksite which fails to satisfy said one or more predetermined conditions via the valve assembly such as that of Sendelius.
One of ordinary skill would have been motivated to modify the combination of Brown and Sendelius, because draining and recirculating fluid would allow the system to maintain a target pressure and a target fluid quality as seen in Para. [0030] of Sendelius making the system more stable. Furthermore, knowing the flowrates of fluids recirculating and discharging would allow the system to better monitor the fluid.
The combination of Brown and Sendelius does not explicitly teach,
and using said data to determine the total volume of discharge and recirculation of said fluid.
OpenStax teaches,
and using said data to determine the total volume of discharge and recirculation of said fluid. (Example 12.1.1 teaches “Time and flow rate are given, and so the volume can be calculated from the definition of flow rate.” Since the flow rate of both paths are found in Sendelius it would be obvious to use the above relationship to find the volume of both paths.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Brown and Sendelius with using said data to determine the total volume of discharge and recirculation of said fluid such as that of OpenStax.
One of ordinary skill would have been motivated to modify the combination of Brown and Sendelius, because knowing the volume of fluid that is recirculated and drained would allow the system to make adjustments depending on how much fluid needs to be retained by the worksite.
With respect to claim 13,
Brown further teaches,
A computer program product comprising a medium carrying computer readable instructions which, when executed by a processor, cause the processor to execute a process according to claim 12 and/or a server comprising said computer program product, with the server being configured to deliver the computer readable instructions to a recipient computer by a way of a communication medium. (Para. [0007] teaches “The circuit may include a processor coupled to the one or more position sensors and to the at least one pressure sensor. The processor may be configured to determine a flow rate and cut data of the components of the fluid mixture that is flowing through the chamber based on the position data and the pressure data.”)
With respect to claim 14,
Brown further teaches,
A water monitoring and control process according to claim 12, including one or more of: monitoring the fluid outputted from the worksite; (Para. [0005] teaches “Embodiments of a multiphase flow meter are described below that may be coupled to a well, in-line with downstream components, and that may utilize internal geometries of the fluid flow path” (i.e. a well is viewed as a worksite.))
measuring one or more properties of the fluid outputted from the worksite in real-time via one or more sensors; (Para. [0007] teaches “The flowmeter may include a circuit including one or more position sensors to determine position data related to a position of the movable element and at least one pressure sensor configured to determine pressure data associated with the fluid mixture in the chamber.”)
With respect to claim 15,
Brown further teaches,
A water monitoring and control process according to claim 12, including obtaining the data indicative of the valve positioning via one or more of: a valve position sensing apparatus; a valve sensor; and a relay activation of which causes positioning of the valve assembly to be adjusted. (Para. [0007] teaches “The flowmeter may include a circuit including one or more position sensors to determine position data related to a position of the movable element and at least one pressure sensor configured to determine pressure data associated with the fluid mixture in the chamber.”)
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Brown (US 20230105634 A1), Sendelius (US 20220305441 A1), and OpenStax (Flow Rate and Its Relation to Velocity; 2022) as applied to claim 12 above, and further in view of Seale (US 5624409 A).
With respect to claim 16,
The combination of Brown, Sendelius, and OpenStax does not explicitly teach,
A water monitoring and control process according to claim 12, including determining the volume of said fluid passing through the valve assembly during a transition between valve states based on i) a valve closure pattern of the valve assembly, ii) an actuation duration of the valve assembly from one state to another state, iii) a determination of the start time of said transition, and iv) a shifting of the valve closure pattern to match the start time.
Seale teaches,
determining the volume of said fluid passing through the valve assembly during a transition between valve states based on i) a valve closure pattern of the valve assembly, ii) an actuation duration of the valve assembly from one state to another state, iii) a determination of the start time of said transition, and iv) a shifting of the valve closure pattern to match the start time. (Col. 6 Ln(s). [12-28] teach “Similarly, opening of normally-closed valve component 120 under the influence of controller solenoid thruster 154 depletes the volume in the interface region, registering a volume decrease and measured fluid delivery to the patient when before-and-after frequencies f are plugged into the V(f) calibration function. The magnitudes of the resulting fluid pulses are controlled by pulse duration but do not, in general, vary in even approximately linear proportion to pulse duration for the geometry and pulse interval range of the preferred embodiment. The preferred embodiment employs larger-than-capillary fluid pathways (typically not much less than one millimeter diameter), with the result that volume transfer as a function of time after valve opening approximates a damped sinusoid (FIG. 5), starting out at zero rate-of-change at the moment of valve opening, going through an acceleration phase and, if permitted by a long, enough valve-open pulse, continuing into a deceleration phase up to a maximum achievable volume change. It is wasteful of valve actuation energy to extend a valve pulse beyond the natural period of one half-cycle of the flow response sinusoid, for any further increase in pulse duration only reduces the net volume transferred.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Brown, Sendelius, and OpenStax with determining the volume of said fluid passing through the valve assembly during a transition between valve states based on i) a valve closure pattern of the valve assembly, ii) an actuation duration of the valve assembly from one state to another state, iii) a determination of the start time of said transition, and iv) a shifting of the valve closure pattern to match the start time such as that of Seale.
One of ordinary skill would have been motivated to modify the combination of Brown, Sendelius, and OpenStax, because the position of the valve would affect the amount of fluid flowing through the assembly as a partially opened valve would let in less fluid than a completely opened valve. This means that the total volume measurement will be impacted by valve position and the duration it takes the valve to open or close.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Brown (US 20230105634 A1), Sendelius (US 20220305441 A1), and OpenStax (Flow Rate and Its Relation to Velocity; 2022) as applied to claim 12 above, and further in view of Slupphaug (US 9141114 B2).
With respect to claim 17,
The combination of Brown, Sendelius, and OpenStax, does not explicitly teach,
A water monitoring and control process according to claim 12, including one or more of: using mass balancing at least in part to determine discharge and recirculation flow rates; and measuring only one upstream said flow rate to determine two downstream said flow rates.
Slupphaug teaches
using mass balancing at least in part to determine discharge and recirculation flow rates; (Col. 10 Ln(s) [3-7] teaches “Preferably, the step of estimating the flow rate(s) is based on a mass balance and/or an energy balance and/or a momentum balance and/or an empirical relation(s) associated with the production system, or part(s) thereof, using historical- and/or on-line value(s) of measurement(s) and/or estimate(s).”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Brown, Sendelius, and OpenStax with using mass balancing at least in part to determine discharge and recirculation flow rates such as that of Slupphaug.
One of ordinary skill would have been motivated to modify the combination of Brown, Sendelius, and OpenStax, because mass balancing ensures consistency with the conservation of mass (input = output), providing a more accurate, reliable, and holistic understanding of the system's performance. Furthermore, Col 10 Ln(s). [8-12] teach that mass balancing provides information about the relationship between the measurements.
Prior Art Analysis
Claims 8, 9, and 11 stand rejected under 35 U.S.C. 112(b) and claims 18-20 stand rejected under 35 U.S.C. 101 however none of the known prior art could be applied to the claims for the following reasons.
With respect to claim 8,
Brown (US 20230105634 A1) teaches,
A multiphase flowmeter may include a circuit including a pressure sensor and a position sensor that determines the position of a movable element. (Abstract) Where the movable element is a valve. (Para. [0025]) They further teach measuring fluid volume and flow rates based on the position of the movable element. (Para. [0005]) However, they do not explicitly teach a valve closure pattern or finding the volume of a fluid specifically during the transition of a valve.
Sendelius (US 20220305441 A1) teaches,
A method for controlling water purification, and a water purification apparatus. (abstract) They further teach a recirculation and a drain path. Where they find a flowrate for both the drain and the recirculation path and the flow rate is dependent upon the degree that the valve is opened. (Para. [0056]) However, they do not explicitly teach a closure pattern.
Aughton (US 20170153132 A1) teaches,
A method of measuring the flow rate of fluid through a gate member. (Abstract) Where they teach a function that models the flowrate that depends on the movement of the gate. (Para(s). 8 and 37) However, they do not explicitly teach shifting the equation horizontally to match a start time of the valve transitioning from a discharge position to a recirculation position. Furthermore, they do not explicitly teach including an actuation duration in their calculation of flow rate nor do they teach finding a volume.
Holbrook (US 20240068098 A1) teaches,
A flow control arrangement includes a source conduit, a supply conduit, a shutoff valve, and a slow-close actuator. (Abstract) Where they further teach a closing function that is continuous between a start time and an end time and where the start time to the end time represents a slow-closing interval where the actuator is actuating. (Para. [0058]) However, they do not explicitly teach shifting the function horizontally to match the start time and they do not teach a discharge position and a recirculation position.
As seen above none of the known prior art teaches and it would not be obvious to combine the known prior at to teach,
“wherein a processor is configured to formulate or receive an equation describing a valve closure pattern of the valve assembly and shift said equation horizontally to match a start time at which the valve assembly transitions from a discharge position to a recirculation position or vice versa; and wherein the volume of said fluid passing through the valve assembly during a transition between said positions is determined based on the valve closure pattern, an actuation duration of the valve assembly, a determination of the start time of said transition, and said shifting of the valve closure pattern to match the start time.”
Therefore, prior art cannot be applied to claim 8. Prior art cannot be applied to claim 9 because they are dependent upon claim 8.
With respect to claim 11,
Brown (US 20230105634 A1) teaches,
A multiphase flowmeter may include a circuit including a pressure sensor and a position sensor that determines the position of a movable element. (Abstract) Where the movable element is a valve. (Para. [0025]) They further teach measuring fluid volume and flow rates based on the position of the movable element. (Para. [0005]) However, they do not explicitly teach a start time at which the valve assembly changed from a prior to a current position, finding a change in discharge and recirculation flow rate, volume between the current and previous total volume, the change in discharge volume, and the change in recirculation volume based on the position of the valve.
Sendelius (US 20220305441 A1) teaches,
A method for controlling water purification, and a water purification apparatus. (abstract) They further teach a recirculation and a drain path. Where they find a flowrate for both the drain and the recirculation path and the flow rate is dependent upon the degree that the valve is opened. (Para. [0056]) However, they do not explicitly teach a start time at which the valve assembly changed from a prior to a current position, volume between the current and previous total volume, the change in discharge volume, and the change in recirculation volume based on the position of the valve.
Aughton (US 20170153132 A1) teaches,
A method of measuring the flow rate of fluid through a gate member. (Abstract) Where they teach a function that models the flowrate that depends on the movement of the gate. (Para(s). 8 and 37) However, they do not explicitly teach a start time at which the valve assembly changed from a prior to a current position, volume between the current and previous total volume, the change in discharge volume, and the change in recirculation volume based on the position of the valve.
Holbrook (US 20240068098 A1) teaches,
A flow control arrangement includes a source conduit, a supply conduit, a shutoff valve, and a slow-close actuator. (Abstract) Where they further teach a closing function that is continuous between a start time and an end time and where the start time to the end time represents a slow-closing interval where the actuator is actuating. (Para. [0058]) However, they do not explicitly teach a start time at which the valve assembly changed from a prior to a current position, volume between the current and previous total volume, the change in discharge volume, and the change in recirculation volume based on the position of the valve.
As seen above none of the known prior art teaches and it would not be obvious to combine the known prior at to teach,
“wherein a processor is configured to formulate or receive an equation describing a valve closure pattern of the valve assembly and shift said equation horizontally to match a start time at which the valve assembly transitions from a discharge position to a recirculation position or vice versa; and wherein the volume of said fluid passing through the valve assembly during a transition between said positions is determined based on the valve closure pattern, an actuation duration of the valve assembly, a determination of the start time of said transition, and said shifting of the valve closure pattern to match the start time.”
Therefore, prior art cannot be applied to claim 11.
With respect to claim 18,
Brown (US 20230105634 A1) teaches,
A multiphase flowmeter may include a circuit including a pressure sensor and a position sensor that determines the position of a movable element. (Abstract) Where the movable element is a valve. (Para. [0025]) They further teach measuring fluid volume and flow rates based on the position of the movable element. (Para. [0005]) However, they do not explicitly teach determining if the fluid volume or flow rate being discharged by the valve is recirculated or discharged based on current or previous positions.
Sendelius (US 20220305441 A1) teaches,
A method for controlling water purification, and a water purification apparatus. (abstract) They further teach a recirculation and a drain path. Where they find a flowrate for both the drain and the recirculation path and the flow rate is dependent upon the degree that the valve is opened. (Para. [0056]) They further teach a valve which opens and closes to control water flow. (Para. [0045]) However, they do not explicitly teach comparing a current valve measurement to a previous measurement.
Aughton (US 20170153132 A1) teaches,
A method of measuring the flow rate of fluid through a gate member. (Abstract) Where they teach a function that models the flowrate that depends on the movement of the gate. (Para(s). [0008 and 0037]) However, they do not explicitly teach comparing a current valve measurement to a previous measurement.
Holbrook (US 20240068098 A1) teaches,
A flow control arrangement includes a source conduit, a supply conduit, a shutoff valve, and a slow-close actuator. (Abstract) Where they further teach a closing function that is continuous between a start time and an end time and where the start time to the end time represents a slow-closing interval where the actuator is actuating. (Para. [0058]) However, they do not explicitly teach determining if a volume or flow rate being discharged by the valve is recirculated or discharged based on current or previous positions.
As seen above none of the known prior art teaches and it would not be obvious to combine the known prior at to teach,
“and determining via the processor whether the current position of the valve assembly is a recirculation position and whether the valve assembly was in the recirculation position in the previous measurement of the position of the valve assembly and if so, determining that the change of volume of the fluid passing through the valve assembly is the change of recirculation said volume and that the current flow rate of the fluid entering the valve assembly is the current recirculation said flow rate.”
Therefore, prior art cannot be applied to claim 18. Prior art cannot be applied to claim 19 because it is dependent upon claim 18.
With respect to claim 20,
Brown (US 20230105634 A1) teaches,
A multiphase flowmeter may include a circuit including a pressure sensor and a position sensor that determines the position of a movable element. (Abstract) Where the movable element is a valve. (Para. [0025]) They further teach measuring fluid volume and flow rates based on the position of the movable element. (Para. [0005]) However, they do not explicitly teach determining that the valve assembly is changing direction and following the steps highlighted in the claim if the valve assembly is moving and if the valve assembly is not moving.
Sendelius (US 20220305441 A1) teaches,
A method for controlling water purification, and a water purification apparatus. (abstract) They further teach a recirculation and a drain path. Where they find a flowrate for both the drain and the recirculation path and the flow rate is dependent upon the degree that the valve is opened. (Para. [0056]) They further teach a valve which opens and closes to control water flow. (Para. [0045]) However, they do not explicitly teach determining that the valve assembly is changing direction and following the steps highlighted in the claim if the valve assembly is moving and if the valve assembly is not moving.
Aughton (US 20170153132 A1) teaches,
A method of measuring the flow rate of fluid through a gate member. (Abstract) Where they teach a function that models the flowrate that depends on the movement of the gate. (Para(s). 8 and 37) However, they do not explicitly teach determining that the valve assembly is changing direction and following the steps highlighted in the claim if the valve assembly is moving and if the valve assembly is not moving.
Holbrook (US 20240068098 A1) teaches,
A flow control arrangement includes a source conduit, a supply conduit, a shutoff valve, and a slow-close actuator. (Abstract) Where they further teach a closing function that is continuous between a start time and an end time and where the start time to the end time represents a slow-closing interval where the actuator is actuating. (Para. [0058]) However, they do not explicitly teach shifting the function horizontally to match the start time and they do not teach a discharge position and a recirculation position.
As seen above none of the known prior art teaches and it would not be obvious to combine the known prior at to teach,
“ii) determining whether the valve assembly is changing direction at the current measurement of the position of the valve assembly and
a) if so, shifting an equation describing a closure pattern of the valve assembly horizontally to match the start time and
b) if the valve assembly is determined to not be changing direction at the current measurement of the position of the valve assembly, determining whether the valve assembly has changed direction since a last measurement of the position of the valve assembly and if so, shifting the equation describing the closure pattern of the valve assembly horizontally to match the start time, and
c) calculating the current discharge and recirculation flow rates and calculating the change in discharge and recirculation volume based thereon;
and iii) if the valve assembly is determined to not be changing direction at the current measurement nor to have changed direction since the last measurement of the position thereof, determining whether the position of the valve assembly is a discharge position and
a) if so, determining that the change of volume of said fluid passing through the valve assembly is equal to the change in discharge said volume and determining that the current flow rate of said fluid entering the valve assembly is equal to the current discharge said flow rate;
and b) if no, determining that the change of volume of said fluid passing through the valve assembly is equal to the change in recirculation said volume and determining that the current flow rate of said fluid entering the valve assembly is equal to the current recirculation said flow rate.”
Therefore, prior art cannot be applied to claim 20.
Conclusion
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/JOSHUA L FORRISTALL/Examiner, Art Unit 2857
/ANDREW SCHECHTER/Supervisory Patent Examiner, Art Unit 2857
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