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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Claim Rejections - 35 USC § 102
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) 1-3, 7-10, 12, 13 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Winbow et al. (US 4993001; hereafter Winbow).
With regards to claim 1 and 12, it discloses an apparatus (Fig. 1; 6) comprising: a housing (6) comprising: an inlet port (entering 8 from 12; 37); an outlet port (exiting 8 to 7; 40); and a chamber (Fig. 3-5; interior of 36) disposed in between the inlet port and the outlet port; an oscillating valve (45) comprising a valve body arranged inside of the chamber having an opening (50) passing therethrough; and an electric motor (9) configured to rotate the oscillating valve in between a first alignment in which the opening through the valve body is aligned with and open between the inlet port and the outlet port of the housing, and a second alignment in which the opening through the valve body is not open to the inlet port and the outlet port of the housing (various positions in the rotation of 45 provide for both these instances); wherein the oscillating valve (45) is configured to allow a maximum fluid flow level through the apparatus when in the first alignment, a minimum fluid flow level through the apparatus when in the second alignment (full flow through port 50 and zero flow through port 50), and intermediate fluid flow levels when in between the first alignment and the second alignment (when port 50 is partially occluding outlet 40); and wherein oscillation between the first alignment and the second alignment creates pressure waves of fluid passing through the apparatus (col. 4:55-69).
With regards to claim 2, it discloses (using Fig. 3 as an example) the housing comprises a first housing member (41, left) comprising the inlet port, and a second housing member comprising the outlet port (36, bottom), and the first housing member and the second housing member are secured to each other by a plurality of nuts and bolts (42, 43).
With regards to claim 3, it discloses a pump (10) configured to pump a fluid towards the inlet port of the apparatus.
With regards to claim 7, it discloses the electric motor is configured to rotate the oscillating valve 3600 (col. 7:62-col. 8:14).
With regards to claim 8, it discloses one or more sensors (col. 6:46-68) configured to monitor one or more conditions of an environment in which the apparatus is located, including one or more of flow rate, temperature, and pressure; and a control system (col. 5:26-41) configured to control a speed and a frequency of rotation of the oscillating valve, based at least in part on input received by the control system from the one or more sensors.
With regards to claim 9, it discloses the control system is configured to control a frequency and amplitude of the pressure waves generated by the apparatus (col. 5:26-41).
With regards to claim 10, it discloses the control system (col. 5:26-41) is configured to control fluid flow from a pump to the inlet port of the apparatus, based at least in part on input received by the control system from the one or more sensors (when controlling the speed and frequency of the motor this will inherently control the fluid flow from a pump to the inlet port of the apparatus, since if the apparatus is closed, this prevents fluid flow).
With regards to claim 13, it discloses one or more sensors (col. 6:46-68) configured to monitor one or more conditions of an environment in which the apparatus is located, including one or more of flow rate, temperature, and pressure; and a control system (col. 5:26-41) configured to control a speed and a frequency of rotation of the oscillating valve, based at least in part on input received by the control system from the one or more sensors; and the control system (col. 5:26-41) is configured to control fluid flow from a pump to the inlet port of the apparatus, based at least in part on input received by the control system from the one or more sensors (when controlling the speed and frequency of the motor this will inherently control the fluid flow from a pump to the inlet port of the apparatus, since if the apparatus is closed, this prevents fluid flow).
With regards to claim 16, it discloses an underground hydrocarbon reservoir; and a plurality of wells, including at least one fluid injection well and at least one hydrocarbon extraction well (Fig. 6, col. 9:23-40, discloses its use in a cased, corresponding to an extraction well, and an uncased well, corresponding to an injection well).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winbow.
With regards to claim 11 and 14, Winbow shows all the limitation of the present invention except, it fails to explicitly disclose the one or more oscillation apparatus comprises a plurality of oscillation apparatuses, and wherein the control system is configured to control each of the plurality of oscillation apparatuses and is configured to control the speed and the frequency of rotation of the oscillating valve of each of the plurality of oscillation apparatuses. It is taken as Official Notice that this would be an obvious modification of Winbow, as the courts have held that automation and the duplication of parts are obvious changes to a mechanical system. In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958) (Appellant argued that claims to a permanent mold casting apparatus for molding trunk pistons were allowable over the prior art because the claimed invention combined "old permanent-mold structures together with a timer and solenoid which automatically actuates the known pressure valve system to release the inner core after a predetermined time has elapsed." The court held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art.). In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the control system for multiple oscillation apparatuses with the apparatus of Winbow with a reasonable expectation of success. This would be done to automatically control a field of wellbores, as is common practice in the art.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winbow in view of Hutin (US 2012/0146807).
With regards to claim 4, Winbow shows all the limitation of the present invention except, it fails to explicitly disclose the oscillating valve is a ball valve. Hutin discloses that a number of motorized valves may be used in place of one another (para 33-36). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the ball valve of Hutin with the apparatus of Winbow with a reasonable expectation of success. This would be done because a ball valve is another example of a mechanically equivalent motorized valve, and may be better for design, space or cost.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winbow in view of Burgess (US 2013/0250728).
With regards to claim 5, Winbow shows all the limitation of the present invention except, it fails to explicitly disclose the electric motor is configured to rotate the oscillating valve 90° between the first alignment and the second alignment and is configured to reverse rotation 900 from the second alignment to the first alignment. Burgess discloses a reversible motor for a rotary valve (para 44, 45). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the reversible motor of Burgess with the system of Winbow with a reasonable expectation of success. This would be done to have greater control over the frequency of the pressure pulses from the rotary valve.
With regards to claim 6, modified Winbow discloses the electric motor is configured to rotate the oscillating valve 180O from the first alignment to the second alignment and further to the first alignment; and wherein the electric motor is configured to reverse rotation of the oscillating valve 180O from the first alignment to the second alignment and further to the first alignment (the reversible motor of Burgess would act on the valve of Winbow to achieve this limitation).
Allowable Subject Matter
Claims 15 and 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art all show similar features to those of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL P STEPHENSON whose telephone number is (571)272-7035. The examiner can normally be reached M-F 10am-6pm.
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/DANIEL P STEPHENSON/Primary Examiner, Art Unit 3676
