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 .
Allowable Subject Matter
Claims 3-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 1-19 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.
There are numerous 112(b) or 112 second paragraph rejections. The following are a few:
Claim 1 line 4 recites “the cylinder”, while lines 4, 5, 7, etc. recites “movable cylinder”. It is unclear if “the cylinder” differs from “movable cylinder. For the purpose of this examination, it is assumed “the cylinder is the same element as “movable cylinder”.
Claim 1 line 7 recites “the IBPO valve” while line 6 recites “an IBOP valve or an IBOP valve actuation mechanism”. It is unclear is line 7 should include the “IBOP valve actuation mechanism”.
Claim 13 line 5 recites “the detected pressure”, however line 3 recites “detecting pressure”. It is unclear if this is the same pressure.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, and 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson US 6244560 (“Johnson”) in view of Gao et al. CN111637113B (“Gao”) Machine Translation.
Regarding Claim 1, Johnson discloses an inside blow-out preventer (IBOP)(fig. 5) actuation cylinder (fig. 5) comprising: a first hydraulic fluid port (131); a second hydraulic fluid port (154); a movable cylinder (122, 125), the cylinder (122, 125) movable by a difference in hydraulic fluid pressure (col. 13 line 51-col. 14 line 7) between the first and second hydraulic fluid ports, the movable cylinder (125) couplable to an IBOP valve (12), wherein movement of the movable cylinder (122, 125) opens or closes the IBOP valve (12).
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JOHNSON – FIGURE 5
Johnson discloses the claimed invention, except a pilot port fluidly couplable to at least one pressure sensor configurable to detect pressure of fluid from the pilot port to determine a current state of the movable cylinder.
Gao teaches a pilot port (pilot ports 13 and 14, see fig. 2) fluidly couplable to at least one pressure sensor (41) configurable to detect pressure of fluid from the pilot port (13) to determine a current state of the movable cylinder (11).
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GAO – ANNOTATED FIGURE 1
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have modified the ports that communicate with a controller (90), as disclosed by Johnson, by including a pressure sensor at the control ports, as taught by Gao, for the purpose of providing a means to determine a position of a piston.
Regarding Claim 2, Johnson discloses a first cavity (161) fluidly coupled to a high pressure one of the first hydraulic fluid port (131); and a second cavity (166) fluidly coupled to a low pressure one of the second hydraulic fluid port (154)(when valve 90 is in the closed position).
Johnson discloses the claimed invention, except the pilot port is fluidly coupled to the first cavity when the movable cylinder is retracted and the pilot port is fluidly coupled to the second cavity when the movable cylinder is extended.
Gao teaches the pilot port (13) is fluidly coupled to the first cavity (ann. fig. 1) when the movable cylinder is retracted and the pilot port (13) is fluidly coupled to the second cavity (ann. fig. 1) when the movable cylinder (12) is extended.
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have modified the ports that communicate with a controller (90), as disclosed by Johnson, by including a pressure sensor at the control ports, as taught by Gao, for the purpose of providing a means to determine a position of a piston.
Regarding Claims 13, Johnson discloses a blow-out preventer (IBOP) actuation cylinder (fig. 5).
Johnson discloses the claimed invention, except a method for determining a current operating state of an actuation cylinder comprising: detecting pressure of fluid present at a pilot port of the IBOP actuation cylinder using at least one pressure sensor; and based on the detected pressure determining the current operating state of the IBOP actuation cylinder.
Gao teaches a method for determining a current operating state of an actuation cylinder (12) comprising: detecting pressure of fluid present at a pilot port (13) of the IBOP actuation cylinder using at least one pressure sensor (41); and based on the detected pressure determining the current operating state of the IBOP actuation cylinder.
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have modified the ports that communicate with a controller (90), as disclosed by Johnson, by including a pressure sensor at the control ports, as taught by Gao, for the purpose of providing a means to determine a position of a piston.
Regarding Claim 14, Johnson discloses the IBOP actuation cylinder (fig. 5) comprises a cylinder moveable (122, 125) between an extended position (e.g. to open the IBOP valve) and a retracted position (e.g. to close the IBOP valve); fluidly connecting the pilot port (131) to a source of high-pressure hydraulic fluid (valve 90’s pump 96) when the moveable cylinder (122, 125) is in the extended position and fluidly connecting the pilot port (154) to a source of high-pressure hydraulic fluid (valve 90’s pump 96) when the moveable cylinder (122, 125) is in the other one of the retracted position.
Johnson discloses the claimed invention, except wherein detecting pressure of fluid present at the pilot port of the IBOP actuation cylinder.
Gao teaches detecting pressure of fluid present at the pilot port (13) of the IBOP actuation cylinder (12).
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have modified the ports that communicate with a controller (90), as disclosed by Johnson, by including a pressure sensor at the control ports, as taught by Gao, for the purpose of providing a means to determine a position of a piston.
Regarding Claim 15, Johnson discloses the claimed invention, except detecting pressure of fluid present at the pilot port of the IBOP actuation cylinder comprises fluidly connecting the pilot port to a source of high-pressure hydraulic fluid only when the moveable cylinder is in one of the extended position and the retracted position and fluidly connecting the pilot port to a source of high-pressure hydraulic fluid only when the moveable cylinder is in the other one of the extended position and the retracted position.
Gao teaches detecting pressure of fluid present at the pilot port of the IBOP actuation cylinder comprises fluidly connecting the pilot port (131) to a source of high-pressure hydraulic fluid (valve 90’s pump 96) only when the moveable cylinder (122, 125) is in one of the extended position and fluidly connecting the pilot port (154) to a source of high-pressure hydraulic fluid (valve 90’s pump) only when the moveable cylinder (122, 125) is in the retracted position.
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have modified the ports that communicate with a controller (90), as disclosed by Johnson, by including a pressure sensor at the control ports, as taught by Gao, for the purpose of providing a means to determine a position of a piston.
Regarding Claim 16, Johnson discloses the source (valve 90) of high-pressure hydraulic fluid (pump 96) and the source (valve 90) of low-pressure hydraulic fluid (reservoir 95) are the same sources of hydraulic fluid that move the cylinder (122, 125) between its extended and retracted positions. Valve 90 uses the same pump 96 and the same reservoir 95. Additionally, both ports 131 and 154 provide both high pressure and low pressure hydraulic fluid to the move movable cylinder 122, 135).
Regarding Claim 17, Johnson discloses the sources of high-pressure (valve 90’s pump 96) and low-pressure hydraulic fluid (valve 90’s reservoir 95) are provided via first (131) and second (154) fluid passages that extend through a body of the cylinder (114).
Regarding Claim 18, Johnson discloses the claimed invention, except providing for an operator an indicator corresponding to a current operating state of the IBOP actuation cylinder.
Gao teaches providing for an operator (controller 6) an indicator (piston in place detection device) corresponding to a current operating state of the IBOP actuation cylinder (12).
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have modified the ports that communicate with a controller (90), as disclosed by Johnson, by including a pressure sensor that notifies a controller of a piston’s position, as taught by Gao, for the purpose of providing a signal to a controller for an air activation system allows excellent positioning reliability and stability.
Regarding Claim 19, Johnson discloses the claimed invention, except providing the indicator comprises at least one of illuminating a light device, controlling a speaker, controlling a display and controlling a network notification device when the IBOP actuation cylinder is retracted.
Gao teaches providing the indicator comprises controlling a network notification device (pressure difference signal is connected to a cylinder controller) when the IBOP actuation cylinder is retracted.
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have modified the ports that communicate with a controller (90), as disclosed by Johnson, by including a pressure sensor that notifies a controller of a piston’s position, as taught by Gao, for the purpose of providing a signal to a controller for an air activation system allows excellent positioning reliability and stability.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sundararajan US PG PUB 20020124889, Heintz US PG PUB 20140116040, Lucky et al. US 3036807, Pfrenger et al. US PG PUB 20190316463, Murray et al. US PG PUB 20100193198, Mason et al. US PG PUB 20070251700, and Nunneley US 3938549.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daphne Barry whose telephone number is (571)272-9966 and fax number is (571) 273-9966. The examiner can normally be reached on Monday through Friday 9 AM-6 PM (eastern).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor either Kenneth Rinehart can be reached at (571) 272-4881 or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAPHNE M BARRY/Primary Examiner, Art Unit 3753