DETAILED ACTION
Specification
The disclosure (specification) is objected to because the following paragraphs are unclear, as they appear to contain clerical/editorial error() or lack of detailed description(s). Going forward with examination, the following specification paragraphs are interpreted to be (Note that in applicant’s response, where a change is requested in the specification, an entire paragraph of the specification containing the change will be needed):
Page 6, staring from line 18:
In at least one embodiment of the present invention, such a pipe may contain certain components disposed therein, such as at, or near the proximal end and/or distal end. Specifically, disposed within such internal chamber may be a first emitting device and a second emitting device, or a greater number thereof. Such first and second emitting devices may be configured to transmit an acoustic pulse and/or a sound wave, which may travel along the length of the pipe. Such a first and/or second emitting device may comprise, for instance, an acoustic pulse reflectometry sensor; however, alternative sensors and/or devices configured to emit an acoustic pulse and/or sound wave are envisioned herein. Moreover, disposed within an internal chamber may also be a first mass flow sensor or similar type of sensor that can measure the mass flow rate of a fluid moving through a pipe or sensor that can measure a quantifiable characteristic of fluid moving through a pipe (such as a volume flow meter). Such first mass flow sensor could measure, or be used to measure, the normally desirable mass flow rate of the product/fluid moving through the pipe.--
Page 12, staring from line 13:
--In at least one further embodiment, such emitting device(s), frequency sensing device(s), and sensor cluster(s) may also be configured in connection with at least one mass flow sensor, which may be configured to monitor the mass flow of the material within the pipe. Accordingly, such a mass flow sensor may be configured to indicate a time at which an object approaches the same, or otherwise is set to approach a given location within the pipe. In so doing, another dimension of leak detection may be employed by the leak localization system of the present invention, as any variance in the mass flow rate of the fluid within the pipe may be identified via processes akin to those discussed in relation to the frequency sensing device(s). In other words, a first mass flow sensor may be disposed at or near the proximal end of the pipe, in order to determine a normal mass flow, whereas a second mass flow sensor, or a plurality thereof, may be disposed at a location distal from the first mass flow sensor, in order to determine a location mass flow. Upon comparison of the normal mass flow and the location mass flow, a mass flow differential may be determined. As may be understood, such data may likewise be input into the measurement method described heretofore to assist in the localization of a leak.--
Page 15, staring from line 12:
--As previously discussed, it is contemplated that the pipe 101 of at least one embodiment of the present invention may span a vast number of miles. Accordingly, in at least one embodiment of the present invention, such as the one depicted in FIG. 1, such an emitting device 120 may be disposed in connection with at least one amplification device 130, which may be configured to amplify the acoustic pulse and thereby enable further propagation thereof within the pipe 101. In at least one embodiment, such an emitting device 120 may comprise an ultra-hydrophone or some other fluidic microphone functioning as the at least one amplification device 130. For instance, such an emitting device 120 may comprise a piezoelectric transducer configured to generate a pressure change upon an electric potential of the emitting device 120 may be configured to enable the propagation of an acoustic pulse for approximately 16,500 meters, or approximately ten land miles. As may be understood, the term approximately, as used herein, is merely meant to account for standards of error, as may be understood by those having ordinary skill in the art.--
Page 16, staring from line 14:
--For instance, depicted in FIGS. 2A-2D are various embodiments of such a frequency sensing device 110, wherein a sensor cluster 110′ may take substantially the same form but for comprising multiple sensors as described herein (but as is not depicted in FIGS. 2A-2D. As may be seen, such a frequency sensing device 110 or sensor cluster 110′ may 3, such a frequency sensing device 110 may further comprise a housing 117 configured to house the aforementioned components, thereby providing greater security thereto. Such variability in structure of the frequency sensing devices 110 enables the same to be specifically tailored to the intended application thereof.--
Page 21, staring from line 18:
--Returning now to FIG. [[1]] 5, and as previously stated, at least one embodiment of the control system 210 discussed heretofore may comprise a routing device. Such a routing device may be configured for the secure transmission of any data from relating to the pipe 210, such as the sensor data 231 and/or leak localization data 237 to an interconnected control center 240. In at least one embodiment of the present invention, such a routing device may be configured as a site-to-multisite environment, such as a multisite virtual private network. In so doing, the interconnection between the control center 240 and the various routing devices of the various control systems 210 may be configured in a hub-and-spoke topology, such that each router is provided with a secure link to the control center 240. However, it may be understood alternative network designs are envisioned herein, whether now known or hereafter developed.--
Page 22, staring from line 5:
--With continued reference to FIG. 1, and additional reference to FIG. 4, it may be seen the control system 210 of at least one embodiment of the present invention may be interconnected with a power system 220, which may be configured to provide power to both the control system 210, and the various components thereof, as well as the sensors or any other components disposed within the pipe 101. In at least one embodiment, such a power system 220 may be configured to utilize a renewable energy source. For instance, such a power system 220 may comprise at least one solar panel. Alternatively, such a power system 220 may be configured to utilize alternative forms of renewable energy, such as through a hydrokinetic system, a wind-based system, or any other renewable energy system, whether now known or hereafter developed. Further, the use of conventional, non-renewable energy sources within the power system 220 are likewise envisioned herein, whether in a hybrid system or otherwise, to ensure there are no power interruptions at the control system(s) 210. In various embodiments of the present invention, each control system 210 may have its own interconnected power system 220, or a plurality thereof may share a single interconnected power system 220.--
Appropriate correction is required.
Claim Objections
Claims 1, 5. 9, 12, 15, 17 and 19 are objected to because they are unclear due to apparent editorial errors (Please refer to the 112 rejections below).
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.
Claims 1-8 and 15-20 are rejected under 35 U.S.C. 112(b) as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: at least two mass flow sensors 140 (See illustrating fig. 1, reproduced below).
Independent claim 1 essentially recites a system (100) that is able to determine presence of a leak and a location of said leak within a pipe (101) by using at least one emitting device (120) to emit at least one acoustic pulse, a first frequency sensing device (110) proximally disposed in relation to the at least emitting device (120) to detect a normal frequency of the emitted pulse(s), and a second frequency sensing device (110) distally disposed in relation to said first frequency sensing device (110) to detect a location frequency of the emitted pulse(s). A control system (210) comprising a processor connected to the emitting device (120), the first frequency sensing device (110) and the second frequency sensing devices (110). The control system (210) determines a frequency differential between the detected normal frequency and the detected location frequency to determine presence of the leak and the location of said leak within a pipe (101).
PNG
media_image1.png
386
652
media_image1.png
Greyscale
Applicant essentially discloses that the frequency differential would merely be able to determine presence of the leak within the pipe (101), but not a location of the leak (See, e.g., specification Page 10, lines 3-8).
Therefore, in order to determine a location of the leak, as shown at least in fig. 1 (and fig. 5), applicant further discloses a first mass flow sensor (140) proximally disposed in relation to the at least emitting device (120) to detect a normal mass flow of a fluid within the pipe (101), and a second mass flow sensor (140) distally disposed in relation to the at least emitting device (120) to detect a location mass flow of the fluid. The same control system (210) is also connected to the mass flow sensors (140). The control system (210) determines a mass flow differential between the detected normal mass flow and the detected location mass flow to determine the location of said leak within a pipe (See, e.g., specification Page 12, lines 13-23; Page 18, line 22 – Page 19, line 6).
Clearly, in order for the system of claim 1 to be able to determine a location (“leak localization data”) of a leak in the pipe (101), claim 1 would need to also recite at least two mass flow sensors. Without the at least two mass flow sensors, claim 1 would appear unable.
Note that, although the specification appears to describe using a global positioning system to determine location data relevant to a leak, but it is unclear how to do that (See, e.g., specification Page 10, lines 17-23).
Dependent claims 2-8 fall together with independent claim 1.
Independent claim 15 and its dependent claims 16-20 have similar 112 issue.
In order to overcome both the claim objections and the 112 rejections, and to go forward with examination, claims 1-20 are interpreted to be:
--1. A system for detecting [[a]] and localizing a leak within a pipe, comprising:
a pipe having a proximal end, a distal end, and an interior wall forming an internal cavity configured for a flow of at least one fluid therein from said proximal end to said distal end;
at least one emitting device placed within said internal cavity near said proximal end, said at least one emitting device configured to generate at least one acoustic pulse;
a first sensor cluster proximally disposed within said internal cavity in relation to said at least one emitting device and disposed in acoustic communication therewith, said first sensor cluster comprising at least two frequency sensing devices configured to detect a normal frequency of said at least one acoustic pulse;
the first sensor cluster also comprising at least one mass flow sensing device configured to measure a normal mass flow of the fluid;
a second sensor cluster distally disposed within said internal cavity in relation to said first sensor cluster and disposed in acoustic communication with said at least one emitting device, said second sensor cluster comprising at least two frequency sensing devices configured to detect a location frequency of said at least one acoustic pulse;
the second sensor cluster also comprising at least one mass flow sensing device configured to measure a location mass flow of the fluid;
said at least one emitting device, said first sensor cluster, and said second sensor cluster in connection with at least one control system,
said at least one control system comprising at least one processor configured in connection with at least one router;
said at least one control system communicatively configured in connection with at least one global positioning system; and
said at least one control system configured to determine leak localization data according to said normal frequency and said location frequency, said normal mass flow and said location mass flow.--
2. The system of claim 1, wherein a comparison between said normal frequency and said location frequency generates a frequency differential.
3. The system of claim 1, wherein said at least one router is communicatively configured in connection with at least one control center.
4. The system of claim 3, wherein said at least one router is communicatively configured in connection with said at least one control center via a site-to-multisite environment.
--
6. The system of claim 1, wherein said at least one emitting device comprises an acoustic pulse reflectometry sensor.
7. The system of claim 1, wherein said at least one emitting device is disposed in connection with at least one amplification device.
8. The system of claim 7, wherein said at least one amplification device comprises an ultra-hydrophone.
--9. A system for detecting [[a]] and localizing a leak within a pipe, comprising:
a pipe having a proximal end, a distal end, and an interior wall forming an internal cavity configured for a flow of at least one fluid therein from said proximal end to said distal end;
at least one emitting device placed within said internal cavity near said proximal end, said at least one emitting device configured to generate at least one acoustic pulse;
said at least one emitting device disposed in connection with at least one amplification device, said at least one amplification device configured to amplify said at least one acoustic pulse;
a first sensor cluster housed in a thermowell on said pipe in relation to said at least one emitting device and disposed in acoustic communication therewith, said first sensor cluster comprising at least two frequency sensing devices configured to detect a normal frequency of said at least one acoustic pulse;
a second sensor cluster housed in a thermowell on said pipe distinct from said thermowell of said first sensor cluster distally disposed in relation to said first sensor cluster and disposed in acoustic communication with said at least one emitting device, said second sensor cluster comprising at least two frequency sensing devices configured to detect a location frequency of said at least one acoustic pulse;
at least two mass flow sensors disposed within said internal cavity, said at least two mass flow sensors cooperatively configured to generate a mass flow differential;
said at least one emitting device, said first sensor cluster, said second sensor cluster, and said at least two mass flow sensors disposed in connection with at least one control system, said at least one control system comprising at least one processor configured in connection with at least one router, said at least one router communicatively connected to at least one control center; said at least one control system communicatively configured in connection with at least one global positioning system; and
said at least one control center configured to determine leak localization data according to a frequency differential generated by said normal frequency and said location frequency and said mass flow differential.--
10. The system of claim 9, wherein said at least one acoustic pulse is configured to propagate for approximately 16,500 meters.
11. The system of claim 9, wherein said leak localization data comprises an accuracy between approximately 100 centimeters to 1000 centimeters.
--12. The system of claim 9, wherein said at least one control center determines said leak localization data according to an evaluation module, said evaluation module comprising pipe data and fluid data provided by an owner of said pipe.--
13. The system of claim 12, wherein said evaluation module further comprises regulatory data.
14. The system of claim 12, wherein said evaluation module further comprises a localization ruleset configured to localize a leak within said pipe according to an ultrasonic reflectometry analysis.
--15. A system for detecting [[a]] and localizing a leak within a pipe, comprising:
a pipe having a proximal end, a distal end, and an interior wall forming an internal cavity configured for a flow of at least one fluid therein from said proximal end to said distal end;
at least one emitting device placed within said internal cavity near said proximal end, said at least one emitting device configured to generate at least one acoustic pulse;
said at least one emitting device disposed in connection with at least one amplification device, said at least one amplification device configured to amplify said at least one acoustic pulse;
a first sensor cluster proximally disposed within said internal cavity in relation to said at least one emitting device and disposed in acoustic communication therewith, the first sensor cluster comprising at least two frequency sensing devices and at least one mass flow sensor;
a second sensor cluster distally disposed within said internal cavity in distanced relation to said first sensor cluster and disposed in acoustic communication with said at least one emitting device, the second sensor cluster comprising at least two frequency sensing devices and at least one mass flow sensor;
said first sensor cluster and said second sensor cluster cooperatively configured to generate sensor data, said sensor data comprising a frequency differential and a mass flow differential;
said at least one emitting device, said first sensor cluster, and said second sensor cluster disposed in connection with at least one control system, said at least one control system comprising at least one processor configured in connection with at least one router, said at least one router communicatively connected to at least one control center; and
said at least one control system configured to localize a leak according to an evaluation module, said evaluation module comprising a localization ruleset configured to utilize sensor data, regulatory data, pipe data, fluid data, and global positioning data to determine leak localization data.--
16. The system of claim 15, wherein said at least one amplification device comprises an ultra-hydrophone.
--17. The system of claim 15, wherein said at least one emitting device comprises an acoustic pulse reflectometry sensor.--
18. The system of claim 15, wherein said leak localization data has an accuracy of approximately 100 centimeters to 1000 centimeters.
--19.
20. The system of claim 15, wherein said leak localization data is transmitted to the owner of said pipe.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4, 6-18 and 20 (as are interpreted above) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,540,876 (hereinafter “the Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because the Patent already claims essentially all the features recited in the present claims 1-4, 6-18 and 20, except for some minor variations and a first sensor cluster comprising multiple sensors (instead of just one sensor) and a second sensor cluster comprising multiple sensors (instead of just one sensor).
However, it has been held that duplicating part of a known structure for a multiple effect is an obvious variation, thus uninventive and unpatentable. In re Harza, 274 F.2d 669, 671, 124 USPQ 378, 380 (CCPA 1960). As for the present case, it appears that the sensor clusters comprising multiple sensors would provide at least, for example, redundant checking, increased measuring range, and/or safety backup in case of failure of one sensor among the plural sensors, etc.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to claim a first sensor cluster comprising multiple sensors and a second sensor cluster comprising multiple sensors.
Allowable Subject Matter
Claims 1-4, 6-18 and 20 (as are interpreted above) would be allowed if the double patenting rejection were overcome. The following would be an examiner’s statement of reasons for allowance:
With respect to independent claims 1, 9 and 15, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter (or an equivalent, which is essentially equivalent to the allowable subject matter for the Patent):
“…at least one emitting device placed within said internal cavity near said proximal end, said at least one emitting device configured to generate at least one acoustic pulse;
a first sensor cluster proximally disposed within said internal cavity in relation to said at least one emitting device and disposed in acoustic communication therewith, said first sensor cluster comprising at least two frequency sensing devices configured to detect a normal frequency of said at least one acoustic pulse;
the first sensor cluster also comprising at least one mass flow sensing device, said at least one mass flow sensing devices configured to measure a normal mass flow of the fluid;
a second sensor cluster proximally disposed within said internal cavity in relation to said first sensor cluster and disposed in acoustic communication with said at least one emitting device, said second sensor cluster comprising at least two frequency sensing devices configured to detect a location frequency of said at least one acoustic pulse;
the second sensor cluster also comprising at least one mass flow sensing device, said at least one mass flow sensing devices configured to measure a location mass flow of the fluid;
said at least one emitting device, said first sensor cluster, and said second sensor cluster in connection with at least one control system,
said at least one control system comprising at least one processor configured in connection with at least one router;
said at least one control system communicatively configured in connection with at least one global positioning system; and
said at least one control system configured to determine leak localization data according to said normal frequency and said location frequency, said normal mass flow, and said location mass flow.”
(The remaining claims are dependent on claim 1, claim 9, or claim 15.)
Conclusion
The prior art made of record below and not relied upon is considered most pertinent to applicant’s disclosure/invention.
US 8,665,101 B2 to Solomon discloses a system for detecting and localizing a leak within a pipe. The system comprises essentially all the structures recited in independent claims 1, 9, and 15, except for the allowable subject matter(s).
As shown in figs. 1, 3a and 3b (reproduced below), the system comprises:
a pipe having a proximal end, a distal end, and an interior wall forming an internal cavity configured for a flow of at least one fluid therein from said proximal end to said distal end;
at least one emitting device (which may be a closing/opening valve, a bent, a connection, joint, etc.) placed within said internal cavity near said proximal end, said at least one emitting device configured to generate at least one acoustic pulse;
a first vibration sensing device (6a which may be) proximally disposed within said internal cavity in relation to said at least one emitting device (near said proximal end, as evident from at least fig. 1) and in acoustic communication therewith, said first vibration sensing device (6a) configured to detect a normal vibration of said at least one acoustic pulse;
a second vibration sensing device (6c) distally disposed within said internal cavity in relation to said first vibration sensing device (6a) and in acoustic communication with said at least one emitting device, said second frequency sensing device (6c) configured to detect a location vibration of said at least one acoustic pulse;
a first mass flow sensing device (4a) proximally disposed within said internal cavity in relation to said at least one emitting device, said first mass flow sensing device (4a) configured to measure a normal mass flow of the fluid;
a second mass flow sensing device (4c) distally disposed within said internal cavity in relation to said first mass flow sensing device (4a), said second mass flow sensing device (4a) configured to measure a location mass flow of the fluid;
said at least one emitting device, first vibration sensing device (6a), second vibration sensing device (6c), first mass flow sensing device (4a) and second mass flow sensing device (4b) disposed in connection with at least one control system (20), said at least one control system (16/20) comprising at least one processor (16/20) configured in connection with at least one router (14);
said at least one control system (16/20) communicatively configured in connection with at least one global positioning system (GPS; Col. 7, line 58); and
said at least one control system (16/20) configured to determine leak localization data according to said normal vibration and said location vibration, said normal mass flow, and said location mass flow (as evident from figs. 3a, 3b, and Abstract).
Solomon is silent about any frequency sensing devices configured to detect a normal frequency and a location frequency of the at least one acoustic pulse emitted by the at least one emitting device. Solomon therefore fails to anticipate the allowable subject matter(s).
In Solomon, the vibration devices (6a, 6b) would at best detect an amplitude (not a frequency) of the at least one acoustic pulse.
PNG
media_image2.png
574
914
media_image2.png
Greyscale
PNG
media_image3.png
766
742
media_image3.png
Greyscale
PNG
media_image4.png
931
700
media_image4.png
Greyscale
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nguyen (Wyn) Q. Ha whose telephone number is (571) 272-2863, email: nguyenq.ha@uspto.gov. The examiner can normally be reached Monday - Friday 8 am - 4:30 pm (Eastern Time).
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, Stephen Meier can be reached on (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Nguyen Q. Ha/Primary Examiner, Art Unit 2853 March 11, 2026