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 .
DETAILED ACTION
Applicant’s arguments filed on Feb. 26, 2026 have been fully considered.
Claim Objections
Claim 21 is objected to because of the following informalities: in claims 1, 9, 19 and 22, the word, “with” is followed by a colon, “:”. However, in claim 21 the word, “with” is followed by a comma, “,”. It is not clear if applicant intended a comma only for claim 21. A further clarification is respectfully requested. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 7, 8, 15 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arsalan et al. (Arsalan) (2017/0010209).
Regarding claim 1, Arsalan discloses an apparatus (Fig. 1 and 2) for use in determining one or more parameters of a multiphase flowable medium flowing (para 0003) in a flow direction through a conduit (118), the multiphase flowable medium comprising at least a water phase (para 0010, 0015) the apparatus comprising: a probe body (102) for extending from a wall of a conduit (Fig. 1), into a multiphase flowable medium flowing therethrough (200, Fig. 1, 2, para 0070), the probe body defining a plurality of sensing locations, each for a different portion of the multiphase flowable medium and mutually spaced from any other one of the plurality of sensing locations in a direction having at least a component transverse to the flow direction, (104, 106, Fig. 1, para 0070-0072), wherein the probe body defines a plurality of channels, each channels, arranged to extend in a flow-wise direction (see modified Fig. 1, 2 below, arrows indicate flow direction and the channel extending in the flow-wise direction with the NIR sources 104 on one side and the optical window 108 of the NIR detector 106 on the other side of the channel), and wherein each sensing location is provided at a respective channel of the plurality of channels (see modified Fig. 1, 2 below , the sensing location between 104 and 108) and each sensing location is provided with: at least one source (104, para 0070) configured to emit radiation from along an infrared spectrum (NIR, para 0070) into the multiphase flowable medium; and at least one photodetector configured to detect infrared radiation received from the at least one source via the multiphase flowable medium (106, para 0070).
Regarding claim 7, Arsalan discloses wherein: the multiphase flowable medium further comprises a hydrocarbon phase, the at least one source (104) of each sensing location is configured to emit infrared radiation (NIR) in a first hydrocarbon wavelength band, and in a second hydrocarbon wavelength band, and at least one of the first hydrocarbon wavelength band and the second hydrocarbon wavelength band resides within a region of the infrared spectrum (NIR) in which the hydrocarbon phase exhibits absorption (hydrocarbon is a principal constituent of oil, para 0006, 0074, 0075, Fig. 11).
Regarding claim 8, Arsalan discloses wherein: the multiphase flowable medium further comprises a hydrocarbon phase, the at least one photodetector (NIR detector 106) of each sensing location is configured to detect infrared radiation in the first hydrocarbon wavelength band or in the second hydrocarbon wavelength band, and at least one of the first hydrocarbon wavelength band and the second hydrocarbon wavelength band resides within a region of the infrared spectrum in which the hydrocarbon phase exhibits absorption (hydrocarbon is a principal constituent of oil, para 0006, 0074, 0075, Fig. 11).
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Regarding claim 15, Arsalan discloses wherein the probe body defines at least one channel, with each channel of the at least one channel being provided with a convergent region forming a mouth of the respective channel (the probe 102 and its outer surface 128 and the inner surface of the conduit 118 form a convergent region).
Regarding claim 16, Arsalan discloses a controller (114) configured to determine an output indicative of a concentration of water in the multiphase flowable medium at each sensing location, in response to an output signal from the at least one photodetector for the respective sensing location (Fig. 1, 6, para 0074, 0075, 0081-0083).
Claim Rejections - 35 USC § 103
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.
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) 2-6, 9-11, 17-19, 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arsalan et al. (Arsalan).
Regarding claim 2, Arsalan discloses wherein: the at least one source (104) of each sensing location is configured to emit infrared radiation in a first wavelength band, and in a second wavelength band each in the region of infrared spectrum. (Fig. 11, para 0074, “one or more wide-band NIR sources 104”, “one or more wide-band NIR signals 212 have a wavelength…between approximately 350 and 2500 nanometers”). Although Arsalan does not explicitly disclose that the first wavelength band and the second wavelength band are a first water wavelength band and a second water wavelength band and Arsalan does not disclose each of the first water wavelength band and the second water wavelength band being a region in which the water phase exhibits absorption; and the at least one source of each sensing location is configured to emit a reduced amount of infrared radiation in an intermediate wavelength band between the first water wavelength band and the second water wavelength band, Arsalan in Fig. 11 shows three peak absorption wavelengths. Therefore, it would have been obvious to provide a first water wavelength band and a second water wavelength band and an intermediate wavelength band between the first water wavelength band and the second water wavelength band for the three peaks in the water absorption spectrum shown in Fig. 11 for optimal measurement.
Regarding claim 3, Arsalan discloses wherein: the at least one photodetector (106) of each sensing location is configured to detect infrared radiation in the first wavelength band, or the second water wavelength band; and each of the first water wavelength band and the second water wavelength band resides within a region of the infrared spectrum in which the water phase exhibits absorption (Fig. 11, para 0074, 0075).
Regarding claim 4, Arsalan discloses wherein the first water wavelength band and the second water wavelength band each include one or more wavelengths between 1850 nanometers and 1950 nanometers (Fig. 11, para 0074).
Regarding claim 5, although Arsalan does not disclose wherein the first water wavelength band is separated from the second water wavelength band by less than 50 nanometers, since Arsalan discloses one or more sources 104 for generating wavelength between 350 and 2500 nm, it would have been obvious to one of ordinary skill in the art to provide the first water wavelength band separated from the second water wavelength band by less than 50 nm since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.
Regarding claim 6, although Arsalan does not explicitly disclose wherein the apparatus is configured to adjust a center wavelength of the first water wavelength band within a first water wavelength range, and to adjust a center wavelength of the second water wavelength band within a second water wavelength range, Arsalan discloses absorption peaks on the graph of Fig. 11, which show the first and second water wavelength range, and since Arsalan also discloses generating different NIR wave bands, it would have been obvious to one of ordinary skill in the art to adjust a center wavelength of the first water wavelength band within a first water wavelength range, and to adjust a center wavelength of the second water wavelength band within a second water wavelength range in order to generate the best wavelength for determining the parameters of the multiphase flow.
Regarding claim 9, although Arsalan does not disclose wherein the first hydrocarbon wavelength band and the second hydrocarbon wavelength band each include one or more wavelengths between 1620 nanometres and 1750 nanometres, Arsalan discloses that the wavelength of the near-infrared source is about 350 to about 2500 nm (para 0079) and that the source 104 generates one or more wide-band NIR signals between 350-2500 nm (para 0074). Therefore, it would have been obvious to one of ordinary skill in the art to provide wherein the first hydrocarbon wavelength band and the second hydrocarbon wavelength band each include one or more wavelengths between 1620 nanometres and 1750 nanometres since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Regarding claim 10, although Arsalan does not disclose wherein: the first hydrocarbon wavelength band and the second hydrocarbon wavelength band each have a 3 dB bandwidth of less than 10 nanometres, and the first hydrocarbon wavelength band is separated from the second hydrocarbon wavelength band by more than 30 nanometres, Arsalan discloses that the source 104 generates one or more wide-band NIR signals between 350-2500 nm (para 0074). Therefore, it would have been obvious to one of ordinary skill in the art to provide the first hydrocarbon wavelength band and the second hydrocarbon wavelength band each have a 3 dB bandwidth of less than 10 nanometres, and the first hydrocarbon wavelength band is separated from the second hydrocarbon wavelength band by more than 30 nanometres depending on the type of hydrocarbon phase for the optimal detection since providing the different wavelength with different bandwidth is well known in the art.
Regarding claim 11, Arsalan discloses a plurality of light sources (104) generating different wavelengths in infrared spectrum and a plurality of detectors (106) for different oil and water (Fig. 11, para 0074, 0075). Although Arsalan does not explicitly disclose wherein; the multiphase flowable medium further comprises a hydrocarbon phase; the at least one source of each sensing location is configured to emit infrared radiation in a first hydrocarbon wavelength band, and in a second hydrocarbon wavelength band; at least one of the first hydrocarbon wavelength band and the second hydrocarbon wavelength band resides within a region of the infrared spectrum in which the hydrocarbon phase exhibits absorption; the at least one source comprises: a first source configured to emit infrared radiation in substantially only the first water wavelength band; a second source configured to emit infrared radiation in substantially only the second water wavelength band; a third source configured to emit infrared radiation in substantially only the first hydrocarbon wavelength band; and a fourth source configured to emit infrared radiation in substantially only the second hydrocarbon wavelength band, and the at least one photodetector comprises: a first photodetector configured to detect infrared radiation in the first water wavelength band and the second water wavelength band; and a second photodetector configured to detect infrared radiation in the first hydrocarbon wavelength band and the second hydrocarbon wavelength band, it would have been obvious to different wavelength sources for different oil and water as claimed in order to improve detection and obtaining parameter of different oil and water in the multiphase flow.
Regarding claim 17, Arsalan discloses a controller (114) configured to determine an output indicative of a concentration of water in the multiphase flowable medium at each sensing location in response to an output signal from the at least one photodetector for the respective sensing location, and wherein the controller is configured to determine the output indicative of the concentration of water in dependence on determining a relative water response parameter in dependence on a first output signal from the at least one photodetector, indicative of infrared radiation received in the first wavelength band, and a second output signal from the at least one photodetector, indicative of infrared radiation in the second wavelength band (Fig. 1, 6, para 0074, 0075, 0081-0083). Although Arsalan does not explicitly disclose that the first wavelength band and the second wavelength band are a first water wavelength band and a second water wavelength band, Arsalan discloses in Fig. 11, graph showing absorption characteristic of water with different peak absorption wavelengths. Therefore, it would have been obvious to provide a first water wavelength band and a second water wavelength band the different peaks in the water absorption spectrum shown in Fig. 11 for optimal measurement.
Regarding claim 18, Arsalan discloses wherein; the multiphase flowable medium further comprises a hydrocarbon phase; the at least one source of each sensing location is configured to emit infrared radiation in a first hydrocarbon wavelength band, and in a second hydrocarbon wavelength band; at least one of the first hydrocarbon wavelength band and the second hydrocarbon wavelength band resides within a region of the infrared spectrum in which the hydrocarbon phase exhibits absorption (hydrocarbon is a principal constituent of oil, para 0006, 0074, 0075, Fig. 11); and the controller (114) is configured to determine the output indicative of the concentration of water in dependence on determining a relative hydrocarbon response parameter in dependence on a third output signal from the at least one photodetector, indicative of infrared radiation received in the first hydrocarbon wavelength band, and a fourth output signal from the at least one photodetector, indicative of infrared radiation received in the second hydrocarbon wavelength band, and in dependence on determining a combined relative parameter in dependence on the relative water response parameter and the relative hydrocarbon response parameter (Fig. 1, 6, para 0074, 0075, 0081-0083).
Regarding claim 19, Arsalan discloses an apparatus (Fig. 1 and 2)) for determining an output indicative of a concentration of a substance in a multiphase flowable medium flowing in a flow direction through a conduit (118, para 0003), the multiphase flowable medium comprising a plurality of phases (para 0010, 0015), and the apparatus comprising: a probe body (102) configured to extend from a wall of the conduit, into the multiphase flowable medium flowing therethrough (200, Fig. 1, 2, para 0070), wherein the probe body defines a plurality of channels, each channels, arranged to extend in a flow-wise direction (see modified Fig. 1, 2 above, arrows indicate flow direction and the channel extending in the flow-wise direction with the NIR sources 104 on one side and the optical window 108 of the NIR detector 106 on the other side of the channel), the probe body defining a sensing location provided at a respective channel of the plurality of channels (see modified Fig. 1, 2 above, the sensing location between 104 and 108) and each sensing location is provided with: at least one source (104) configured to emit radiation from an infrared spectrum (NIR) into the multiphase flowable medium in a first wavelength band and in a second wavelength band, each of the first wavelength band and the second wavelength band residing along a region of the infrared spectrum (NIR) in which the substance exhibits absorption (Fig. 11, para 0074, 0075); at least one photodetector (106) configured to detect infrared radiation received from the at least one source via the multiphase flowable medium in the first wavelength band and the second wavelength band (Fig. 11, para 0074, 0075); and a controller (114) configured to determine an output indicative of a concentration of a substance in the multiphase flowable medium, based on determining a relative absorption parameter in dependence on a first output signal from the at least one photodetector, indicative of infrared radiation received in the first wavelength band, and a second output signal from the at least one photodetector, indicative of infrared radiation in the second wavelength band (Fig. 1, 6, 11, para 0074, 0075, 0081-0083. Although Arsalan does not disclose wherein the first wavelength band and the second wavelength band are each at different respective regions of the infrared spectrum on the same absorption peak of the substance, Arsalan discloses in Fig. 11 three peak absorption wavelengths for water. Therefore, it would have been obvious to one of ordinary skill in the art to provide the first wavelength band and the second wavelength band are each at different respective regions of the infrared spectrum on the same absorption peak of the substance, which is water in Fig. 11, for the peaks shown in the graph, to obtain optimal measurement.
Regarding claim 21, Arsalan discloses a method of determining one or more parameters of a multiphase flowable medium (200) flowing in a flow direction through a conduit (118), the multiphase flowable medium (para 0003) comprising at least a water phase (para 0010, 0015), and the method comprising: providing an apparatus (Fig. 1) comprising: a probe body (102) extending from a wall of the conduit and into the multiphase flowable medium flowing therethrough (Fig. 1, 2), the probe body defining a plurality of sensing locations (Fig. 1, 2), each for a different portion of the multiphase flowable medium and mutually spaced from any other one of the plurality of sensing locations in a direction having at least a component transverse to the flow direction (Fig. 2, light source 104 spaced apart from each other in a direction transverse to the flow direction), wherein the probe body defines a plurality of channels, each channels, arranged to extend in a flow-wise direction (see modified Fig. 1, 2 above, arrows indicate flow direction and the channel extending in the flow-wise direction with the NIR sources 104 on one side and the optical window 108 of the NIR detector 106 on the other side of the channel), and wherein each sensing location is provided at a respective channel of the plurality of channels (see modified Fig. 1, 2 below , the sensing location between 104 and 108) and each sensing location is provided with, at least one source configured to emit radiation from an infrared spectrum (NIR) into the multiphase flowable medium in a first wavelength band and in a second wavelength band (para 0074); and at least one photodetector (106) configured to detect infrared radiation received from the at least one source via the multiphase flowable medium in the first wavelength band and the second wavelength band (para 0075); controlling (114) the at least one source of each sensing location to emit infrared radiation into the multiphase flowable medium at the respective sensing location (para 0081-0083); receiving an output signal from the at least one photodetector of each sensing location; and determining one or more parameters of the multiphase flowable medium in dependence on the received output signals (para 0081-0083). Although Arsalan does not disclose wherein each of the first wavelength band and the second wavelength band residing along a region of the infrared spectrum in which a substance in the multiphase flowable medium exhibits absorption, Arsalan discloses in Fig. 11 three peak absorption wavelengths for water. Therefore, it would have been obvious to one of ordinary skill in the art to provide the first wavelength band and the second wavelength band are each at different respective regions of the infrared spectrum on the same absorption peak of the substance, which is water in Fig. 11, for the peaks shown in the graph, to obtain optimal measurement.
Regarding claim 22, Arsalan discloses a method of determining an output indicative of a concentration of a substance in a multiphase flowable medium (200) flowing in a flow direction through a conduit (118, para 0003) the multiphase flowable medium comprising a plurality of phases, and the method comprising: providing an apparatus (Fig. 1, 2) comprising: a probe body (102) extending from a wall of the conduit and into the multiphase flowable medium flowing therethrough, the probe body defining a plurality of sensing locations (Fig. 2), each for a different portion of the multiphase flowable medium and mutually spaced from any other one of the plurality of sensing locations in a direction having at least a component transverse to the flow direction (Fig. 2), wherein the probe body defines a plurality of channels, each channels, arranged to extend in a flow-wise direction (see modified Fig. 1, 2 above, arrows indicate flow direction and the channel extending in the flow-wise direction with the NIR sources 104 on one side and the optical window 108 of the NIR detector 106 on the other side of the channel), and each sensing location is provided at a respective channel of the plurality of channels (see modified Fig. 1, 2 below , the sensing location between 104 and 108) and each sensing location is provided with: at least one source (104) configured to emit radiation from an infrared spectrum (NIR) into the multiphase flowable medium in a first wavelength band and in a second wavelength band (para 0074); at least one photodetector (106) configured to detect infrared radiation received from the at least one source via the multiphase flowable medium in the first wavelength band and the second wavelength band (para 0075); and a controller (114) configured to determine an output indicative of a concentration of a substance in the multiphase flowable medium, based on determining a relative absorption parameter in dependence on a first output signal from the at least one photodetector, indicative of infrared radiation received in the first wavelength band, and a second output signal from the at least one photodetector, indicative of infrared radiation in the second wavelength band (para 0081-0083); using the controller (114), controlling the at least one source to emit infrared radiation into the multiphase flowable medium in the first wavelength band and the second wavelength band; receiving, from the at least one photodetector (106), a first output signal indicative of infrared radiation received in the first wavelength band, and a second output signal indicative of infrared radiation received in the second wavelength band (para 0074, 0075); and determining an output indicative of a concentration of a substance in the multiphase flowable medium, based on determining a relative absorption parameter in dependence on the first output signal and the second output signal (para 0081-0083). Although Arsalan does not disclose wherein each of the first wavelength band and the second wavelength band residing along a region of the infrared spectrum in which the substance exhibits absorption and wherein the first wavelength band and the second wavelength band are each at different respective regions of the infrared spectrum on the same absorption peak of the substance, Arsalan discloses in Fig. 11 three peak absorption wavelengths for water. Therefore, it would have been obvious to one of ordinary skill in the art to provide the first wavelength band and the second wavelength band are each at different respective regions of the infrared spectrum on the same absorption peak of the substance, which is water in Fig. 11, for the peaks shown in the graph, to obtain optimal measurement.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arsalan et al. (Arsalan) as applied to claim 11 above, and further in view of Konno et al. (2011/0164255).
Regarding claim 12, Arsalan does not disclose wherein each sensing location is further provided with: a source optical arrangement configured to combine the infrared radiation emitted from each of the first source, the second source, the third source and the fourth source to be directed together through the multiphase flowable medium at the sensing location, and a detector optical arrangement configured to split the infrared radiation received from the multiphase flowable medium into a first wavelength band to be directed to the first photodetector and a second wavelength band to be directed to the second photodetector. However, as disclosed by Konno in para 0037 combining different light sources with multiplexer and splitting a plurality of wavelength band into each wavelength band for light detection device. Therefore, it would have been obvious to one of ordinary skill in the art to provide and multiplexer and demultiplexer in order to transmit different wavelength of lights simultaneously without interference.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arsalan et al. (Arsalan) in view of Caseres et al. (Caseres) (2014/0004619).
Regarding claim 13, Arsalan does not disclose wherein a minimum width of a channel defined by the probe body, and through which infrared radiation from the at least one source must pass to be detected by the at least one photodetector is less than five millimetres. Caseres discloses an apparatus for measuring water content of a multiphase flow (Fig. 3) comprising light source (40) and detector (30) with a minimum width of a channel less than 5 mm (para 0057, 0058). Therefore, it would have been obvious to one of ordinary skill in the art to provide a minimum width of a channel defined by the probe body less than 5 mm to the invention of Arsalan in order to provide a detecting system that fits even in a small conduit.
Response to Arguments
Applicant argues that Arsalan reference “would not work” because the annular spacing between the sources 104 and the detectors 106 needs to be very small. However, the issue is whether Arsalan discloses the claimed invention as broadly and reasonably interpreted, not whether Arsalan “would work”. Applicant argues that Arsalan discloses one single channel. The examiner respectfully disagrees. In the examiner’s interpretation, the space between the sources 104 and the detectors 106 form the plurality of channels. Applicant also argues that Arsalan does not disclose the first wavelength band and the second wavelength band each at different regions of the infrared spectrum. As indicated in the rejections above, Arsalan discloses in Fig. 11 and para 0074, NIR sources 104 can generate one or more wide-band NIR signals between 350 and 2500 nm in order to measure absorption of relative concentrations of the energy among different kinds of oils and water.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 PETER B KIM whose telephone number is (571)272-2120. The examiner can normally be reached M-F 8:00 AM - 4:00 PM.
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/PETER B KIM/Primary Examiner, Art Unit 2882 March 10, 2026