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 .
Election/Restrictions
Claims 9-11 and 20-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 01/22/2026.
Applicant's election with traverse of Species 1 in the reply filed on 01/22/2026 is acknowledged. The traversal is on the ground(s) that there is no serious burden on the examiner. This is not found persuasive because the applicant has not further compounded on why this statement is true; the examiner maintains that the search for one species is different from the other to the extent that the search paths and associated prior art consideration create a burden.
The requirement is still deemed proper and is therefore made FINAL.
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) 1-2, 7, 15, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2012/093370 (herein Levine).
limitations from claim 1, a fluid control system (FIG. 1-2 for example) comprising: a first channel (103, 113) for carrying a gas in and out of the fluid control system; a reservoir (102, 114) for said gas, wherein the reservoir comprises a first pressure sensor (121; paragraphs 157, 222) arranged to measure a pressure of the gas in the reservoir; a pump (104, 112) for pumping said gas between the first channel and the reservoir (paragraphs 157-160); wherein the system is arranged such that a quantity of the gas displaced in the first channel depends on a change in pressure of the gas in the reservoir (paragraphs 157-160, 222);
limitations from claim 7, wherein the pump is a piezoelectric acoustic resonance pump (paragraph 115, 271);
limitations from claim 2, further comprising a controller (106) arranged to be communicatively coupled to the first pressure sensor and configured to determine and/or control a quantity of the gas displaced in the first channel based on a change in pressure of the gas in the reservoir (paragraphs 157-160, 222);
limitations from claim 15, further comprising at least one temperature sensor (paragraph 250) for measuring a temperature of the gas, and wherein the controller is further configured to determine and/or control a quantity of the gas displaced in the first channel further based on the temperature of the gas (paragraphs 250-251);
limitations from claim 18, wherein the fluid control system is arranged to generate and maintain a pressure difference between the reservoir and the first channel by pumping gas between the reservoir and the first channel (paragraphs 157-160, 166, 222);
limitations from claim 19, wherein the fluid control system is configured to create a positive or negative rate of change of pressure of the gas in the reservoir in order to cause a positive or negative volumetric flow rate of gas in the first channel (paragraphs 157-160, 166, 222);
Claim(s) 1-5, 8, 12-14, 16-19, and 22-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Field et al (US PGPub No. 2011/0286861).
Hirasawa teaches:
limitations from claim 1, a fluid control system (FIG. 3) comprising: a first channel (50 from compressor 20 to user ~40) for carrying a gas in and out of the fluid control system; a reservoir (34) for said gas, wherein the reservoir comprises a first pressure sensor (16c) arranged to measure a pressure of the gas in the reservoir (paragraph 143); a pump (20) for pumping said gas between the first channel and the reservoir (paragraph 141); wherein the system is arranged such that a quantity of the gas displaced in the first channel depends on a change in pressure of the gas in the reservoir (paragraph 172, 175, 195);
2. (Original) The fluid control system of claim 1, further comprising a controller (22) arranged to be communicatively coupled to the first pressure sensor and configured to determine and/or control a quantity of the gas displaced in the first channel based on a change in pressure of the gas in the reservoir (see FIG. 3; paragraphs 172, 175, 195);
3. (Original) The fluid control system of claim 2, wherein the controller is configured to determine and/or control the quantity of the gas displaced in the first channel further based on: a storage volume of the reservoir in which gas can be stored (paragraphs 172, 175, 195; the amount of storage volume, i.e. size, of the reservoir 34 inherently effects the maximum amount of pressurized air stored therein; see in particular paragraph 175 in particular in which maximums amounts of pressure are a controlling variable);
limitations from claim 4, wherein the controller is configured to determine and/or control a volumetric flow rate of gas in the first channel based on: a storage volume of the reservoir in which gas can be stored (paragraphs 172, 175, 195; the amount of storage volume, i.e. size, of the reservoir 34 inherently effects the maximum amount of pressurized air stored therein; see in particular paragraph 175 in particular in which maximums amounts of pressure are a controlling variable); and a time derivative of pressure of the gas in the reservoir (paragraph 21, 35 for example);
limitations from claim 5, wherein the controller (22) is further configured to control the pump based on a change in pressure of the gas in the reservoir, thereby providing control of the quantity of the gas displaced in the first channel (paragraphs 172, 175, 195);
limitations from claim 8, wherein the reservoir comprises at least one vessel arranged to store said gas (34; paragraph 143);
limitations from claim 12, further comprising a second channel (52) arranged to provide a fluid connection between the reservoir (34) and the first channel (50), wherein the second channel provides a flow restriction (24A) to a flow of gas between the reservoir and the first channel (paragraphs 182-183);
limitations from claim 13, wherein the flow restriction (24A) provided by the second channel is configured to support a pressure difference between the reservoir and the first channel (paragraphs 182-186);
limitations from claim 14, further comprising a valve (24C) in fluid communication with the reservoir (34), the valve being configured to control displacement of gas into or out of the fluid control system, without passing through the first channel, in order to decrease a pressure difference between the gas in the reservoir and the gas in the first channel (paragraphs 141, 143);
limitations from claim 16, further comprising a second pressure sensor (16D) arranged to measure a pressure of the gas in the first channel; wherein the controller is communicatively coupled to the second pressure sensor and further configured to control the pump based on measurements of pressure of the gas in the first channel (paragraphs 142, 172);
limitations from claim 17, wherein the fluid control system is configured to displace a predefined quantity or volume of gas in the first channel (paragraph 102-105, 175; the pump and reservoir must accommodate known well/drill requirements);
limitations from claim 18, wherein the fluid control system is arranged to generate and maintain a pressure difference between the reservoir and the first channel by pumping gas between the reservoir and the first channel (paragraph 172, 175, 195);
limitations from claim 19, wherein the fluid control system is configured to create a positive or negative rate of change of pressure of the gas in the reservoir in order to cause a positive or negative volumetric flow rate of gas in the first channel (paragraph 172, 175, 195, the reservoir is pressurized and dispenses that pressurized fluid to channel 50 via 35);
limitations from claim 22, a method of controlling a displacement of gas by a fluid control system (FIG. 3) comprising: a first channel for carrying a gas in and out of the fluid control system (50 from compressor 20 to user ~40); a reservoir (34) for said gas, wherein the reservoir comprises a first pressure sensor (16C) arranged to measure a pressure of the gas in the reservoir (paragraph 143); a pump (20) for pumping said gas between the first channel and the reservoir (paragraph 141); wherein the system is arranged such that a quantity of the gas displaced in the first channel depends on a change in pressure of the gas in the reservoir, the method comprising: receiving, from the first pressure sensor, measurements of pressure of the gas in the reservoir; determining a change in pressure of the gas in the reservoir; and controlling a quantity of the gas displaced in the first channel based on the change in pressure of the gas in the reservoir (paragraph 172, 175, 195);
limitations from claim 23, further comprising: identifying a storage volume of the reservoir in which gas can be stored; and controlling the quantity of the gas displaced in the first channel further based on the storage volume of the reservoir (paragraphs 172, 175, 195; the amount of storage volume, i.e. size, of the reservoir 34 inherently effects the maximum amount of pressurized air stored therein; see in particular paragraph 175 in particular in which maximums amounts of pressure are a controlling variable);
limitations from claim 24, further comprising: determining a time derivative of pressure of the gas in the reservoir; and determining and/or controlling a volumetric flow rate of gas in the first channel based on: the storage volume of the reservoir in which gas can be stored; and the time derivative of pressure of the gas in the reservoir (paragraph 21, 35 for example);
limitations from claim 25, further comprising controlling the pump based on the change in pressure of the gas in the reservoir, thereby providing control of the quantity of the gas displaced in the first channel (paragraph 172, 175, 195);
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2012/093370 (herein Levine) as applied to claim 1 above.
Levine does not teach a particular flow rate, but does teach that the system is used to pump very low flow rates (several ml/h; paragraph 2, 54); It would have been obvious to one of ordinary skill in the art at the time the invention was filed to choose a flow rate of the system, such as the range claimed, as a matter of design choice such that a desired output over time is achieved (paragraphs 3 and 276 teach the need for precise dosing).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2004/0175273 teaches time-based pressure control in a fluid system having a pump and reservoir;
US 2010/0290929 and 5399072 teach reservoir relief valves;
US 2018/0106247 teaches tank-volume based flow control;
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S BOBISH whose telephone number is (571)270-5289. The examiner can normally be reached Mon-Fri 9-5.
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, Essama Omgba can be reached at 469-295-9278. 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.
/CHRISTOPHER S BOBISH/Examiner, Art Unit 3746
Prosecution Insights