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 .
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 1-12 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.
In claim 1, the reference to “consecutive modules” (line 17) is unclear because there are different modules in the claim, i.e. temperature modules, stainless steel module, and it is not clear which type of modules these “consecutive modules” refer to.
In claim 5, “the first PTFE tube” is unclear because there is no first PTFE tube set forth in the claim. Which PTFE tube is the “first PTFE tube”?
With regard to claim 11, the claim is indefinite because it appears to claim a method step in a claim drawn to a product (see MPEP 2173.05(p)). The claim specifies that the an artificial neural network is applied to the results of the sensors, and does not word this in such a way that it is clear that it is a capability of the claimed product and not some step or action applied by a user. Furthermore, there is nothing that is part of the product as claimed that could perform this function.
In claim 12, “each solution” lacks proper antecedent basis and it is not clear what solutions this is meant to refer to. Are these liquid mixture solutions of some type in the tanks or are these numerical solutions to some calculation?
Note: claims not specifically mentioned are indefinite because of their dependence on an indefinite claim.
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) 1-4, 7, 8, 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sotoudeh et al. (US 2023/0136164) in view of Homa et al. (US 2011/0135246), Le Blanc et al. (US 2010/0242619) and Dooley et al. (US 5,942,440).
Regarding claim 1, Sotoudeh et al. disclose a modular optical profiler for measuring level, oil-water interface and water content in the emulsion layer, configured to measure the level and/or interface in storage, production, or three-phase separator tanks onshore or offshore, the profiler comprising: at least two fiber optic Bragg gratings, FBGs (520 and 524), which are formed in single-mode fiber optics 522; at least one perforated stainless steel module 502 for fixing an optical profiler diaphragm 508 (par. 0026, module 502 has apertures 504 and 506); a stainless steel tubular protection 504 positioned in a fiber optic Bragg gratings region (see Fig. 5A, 5D, tubular cavity protects FBG 524; see par. 0026, part 502 made of stainless steel); and at least two optical connectors connected to each channel of an optical interrogator 600 (see Fig. 6, showing optical connections between AWG and detectors 610-613 and optical connections 619; see par. 0029).
Sotoudeh et al. do not disclose explicitly that the fiber optic Bragg gratings are engraved from a beam of UV light. Homa et al. disclose creating fiber optic Bragg gratings in an optical fiber by engraving with UV light (par. 0039). It would have been obvious to one of ordinary skill in the art before the effective filing date to have made the fiber optic Bragg gratings with UV light beam engraving, as taught by Homa et al., in the apparatus of Sotoudeh et al., these UV engraved FBGs can be substituted in Sotoudeh et al. in a known way by simply engraving them in the fiber in the same way they are conventionally fabricated in any fiber; furthermore, such a substitution would yield only predictable results because it would result in functionally the same structure of a fiber with an FBG that operates in the same predictable way as any known FBG.
Sotoudeh et al. do not disclose the entire fiber optic or the fiber optic cables with pressure sensors being positioned inside a PTFE tube. Le Blanc et al. disclose positioning optical fibers for FBG sensors inside a PTFE tube (par. 0034). It would have been obvious to one of ordinary skill in the art before the effective filing date to have positioned optical fibers in Sotoudeh et al. inside PTFE tubes, as taught by Le Blanc et al., because it would have helped to control the amount of friction between the optical fiber and a protective encapsulation tube, thereby providing protection to the fiber without creating local strains from the protective tube.
Sotoudeh et al. do not explicitly disclose that the at least one perforated stainless steel module has holes for positioning diaphragm support screws. However, it is generally known and routine to include holes for mounting screws in metallic structural components in order to allow the components to be mounted or attached to other structures. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have included screw mounting holes in the perforated stainless steel module of Sotoudeh et al. in order the allow the module and diaphragm to be easily attached or mounted to other structures for ensuring that it is securely positioned and aligned in its desired operating location.
Sotoudeh et al. do not disclose at least two stainless steel cables positioned to join consecutive modules. Sotoudeh et al. do state that the FBG sensor modules may be used in the environment of oil and gas exploration, and that a series of FBG sensors may be formed along a single fiber. Dooley et al. disclose using multiple stainless steel cables 216,304 for positioning consecutive elements downhole in a well (col. 23 lines 44-67 and Fig. 5). It would have been obvious to one of ordinary skill in the art before the effective filing date to have used stainless steel cables as taught by Dooley et al. to join together the FBG sensors in Sotoudeh et al., because it would have provided for stronger connections between sensors.
Regarding claim 2, Homa et al. disclose creating the FBGs using UV laser light where UV light generates a periodic disturbance with permanent changes in a refractive index of the fiber optic in a region to which it was applied (par. 0039), and this is necessarily part of the combination of Homa et al. with Sotoudeh et al. set forth above.
Regarding claim 3, Sotoudeh et al. disclose that the stainless steel module comprises a first FBG sensor 524 for measuring temperature and a second FBG sensor 520 for measuring pressure (par. 0026).
Regarding claim 4, Sotoudeh et al. disclose that the stainless steel tubular protection 504 is configured to isolate a temperature sensor 524 from effects of deformation and hydrostatic pressure (see Fig. 5D and par. 0026, sidewall of protection cavity 504 provides protection and prevents diaphragm 508 from deforming in location of sensor 524).
Regarding claim 7, Sotoudeh et al. disclose that the optical interrogator 600 consists of a broadband optical source 602, an optical circulator 604, and a set of optical detectors 610-613.
Regarding claim 8, Sotoudeh et al. disclose that the optical interrogator 600 provides a user with an optical spectrum reflected from a sensor (FBGs in sensors 620, 626, 630) with optical power and wavelength information (see par. 0029, AWG filter separates wavelengths and provides Gaussian filter response with optical energy read out from detectors 610-613).
Regarding claim 10, the apparatus of the combination of Sotoudeh et al., Homa et al., Le Blanc et al. and Dooley et al. can be used in any of various environments including in storage, production and/or three-phase separator tanks that are from 0.5 to 20 meters. Note that the tanks themselves are not claimed as part of the apparatus but are merely part of an intended use of the apparatus.
Regarding claim 11, the apparatus of the combination of Sotoudeh et al., Homa et al., Le Blanc et al. and Dooley et al. is such that any algorithm or data processing can be applied to its results, including an artificial neural network to estimate the interface level or the level of each fluid. Note that, no structure or element that actually applies the artificial neural network is claimed as part of the apparatus, and this limitation is only an intended use of the results obtained with the apparatus.
Allowable Subject Matter
Claims 5, 6, 9 and 12 would likely 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.
The following is a statement of reasons for the indication of allowable subject matter:
With regard to claim 5, none of Sotoudeh et al. and the other cited prior art teach or suggest the PTFE tube being connected to the at least one perforated stainless steel module using clamps.
With regard to claim 6, none of Sotoudeh et al. and the other cited prior art teach or suggest the apparatus comprising front and rear supports encapsulating a nitrile rubber diaphragm in which the fiber optic with engraved FBG is embedded in its core.
With regard to claim 9, none of Sotoudeh et al. and the other cited prior art teach or suggest the apparatus/profiler being configured to distinguish between layers of water, oil air/gas and emulsion and/or a combination thereof.
With regard to claim 12, none of Sotoudeh et al. and the other cited prior art teach or suggest the apparatus/profiler measuring a Basic Sediments and Water (BSW) of fluid solutions that are monitored.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL M WEST whose telephone number is (571)272-2139. The examiner can normally be reached M-F 9 am - 5:30 pm (CT).
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/PAUL M. WEST/Primary Examiner, Art Unit 2855
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