DETAILED CORRESPONDENCE
Summary
This is the initial Office Action based on the Aqeel, et al. application filed with the Office on 1 July 2024.
Claims 1-29 are currently pending and have been fully considered.
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 information disclosure statement (IDS) submitted regarding the present application filed on 21 January 2025, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS has been considered by the Examiner.
The crossed out references of the 21 January 2025 filed IDS are not considered, as they are not patent publication, per se.
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.
Claims 1, 9, 10, 14-16, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by a US Patent Application Publication to Al-Khaldi, et al. (US 2022/0381674 A1; hereinafter, “Al-Khaldi”).
Regarding claim 1, Al-Khaldi discloses a microbiological corrosion reactor ([0019]: “… an apparatus 100 for in-situ monitoring and measuring of general corrosion and localized microbiologically influenced corrosion (MIC)…”) comprising:
a reactor tank comprising a volume configured to enclose a mixed-phase well bore fluid ([0019]: "chamber 102 for housing the simulated environment … the solution 104 can be a collected sample from a field operation containing actual bacteria from petroleum reservoirs"; fig.1 );
a three-electrode cell assembly positioned in the volume, the three-electrode cell assembly comprising:
a working electrode ([0029]: "working electrode 136"; fig.1),
a counter electrode ([0029]: "counter electrode 138"; fig.1), and
a reference electrode ([0029]: "reference electrode 140"; fig.1),
each of the working electrode, the counter electrode, and the reference
electrode positioned in the volume to contact the mixed-phase wellbore fluid (fig.1);
a multi-channel potentiostat coupled to the three-electrode cell assembly ([0029]: "second potentiostat 134"; fig.1);
at least one fluid tank fluidly coupled to the reactor tank through a conduit that comprises a valve, the at least one fluid tank configured to hold a volume of the mixed-phase well bore fluid ([0033]: "filling port 158"; a valved fluid tank is implied as the filling port would necessarily need to have sample come from type some vessel); and
a control system coupled to the multi-channel potentiostat (implied due to operation of potentiostat, [0029]), the control system configured to perform operations comprising:
controlling the multi-channel potentiostat to operate the working electrode within the mixed-phase wellbore fluid in the volume ([0029]: "The second potentiostat 134 measures the current flow between the working electrode 136 and the counter electrode 138"); and
determining, based on operation of the working electrode, a corrosion rate of at least one of the working electrode or a target coupon positioned within the mixed-phase well bore fluid in the volume ([0030]: "the apparatus 100 can be configured to measure the general corrosion rate and localized corrosion rate").
Regarding claim 9 and 10, Al-Khaldi teaches "the chamber further comprises at least one of: an oxygen sensor, a pH sensor, a temperature sensor" ([0008]).
Regarding claim 14, Al-Khaldi teaches "it is possible to carry out corrosion and biocorrosion studies on working electrodes under flow conditions by adapting a rotating cylinder electrode” ([0036]).
Regarding claim 15, Al-Khaldi teaches " the influence of surface polarization such in case of applying cathodic protection can be selectively studied by the present apparatus via polarization of the ER probes through its connection to the potentiostat.” ([0034]).
Regarding claim 16, the shared limitations of instant claim 1 are rejected as set forth above. The necessary process step would be performed during routine utilization of the apparatus of claim 1.
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.
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.
Claims 2-8, 11-13 and 17-29 are rejected under 35 U.S.C. 103 as being unpatentable over Al-Khaldi in view of a published Chinese Patent Application to Zhao, et al. (CN 114755167 A; hereinafter, “Zhao”).
Regarding claim 2, Al-Khaldi teaches an inlet for nitrogen gas ([0009]: “the chamber further comprises a nitrogen inlet operatively connected to the nitrogen gas pump and a nitrogen outlet.”), which would inherently need to be connected to vessel containing nitrogen gas and a valve is within the nitrogen gas inlet (113, fig. 1).
Al-Khaldi does not teach a fluid tank and respective valve for holding an acid gas.
However, Zhao discloses a corrosion testing device ([n0001]) comprising a reactor tank into which an injection tube is threaded that is capable of delivering either acidic gases, as H2S or CO2 from some source ([n0011]).
At the time of the filing of the present invention, it would have been obvious to one of ordinary skill in the art to have adapted a source of and valve to control input of H2S or CO2 into the reactor tank as it would allow modeling of the constituents of crude oil (Zhao, [n0002]).
Regarding claim 3, it would be obvious to one of ordinary skill in the art to automate the actuation of the valves to have greater control over the components be introduced into the reactor tank (MPEP 2144.04 III).
Regarding claim 4, Al-Khaldi teaches nitrogen ([0009]), and Zhao teaches H2S or CO2 from some source ([n0011]).
Regarding claim 5, at the time of the filing of the present application, it would have been obvious to one of ordinary skill in the art, during routine experimentation, to take a baseline measurement of the corrosion rate for comparison after introducing further components into the reactor tank.
Regarding claim 6, Al-Khaldi teaches the chamber 102 can also include a chemical injection port 116, which is configured to transfer one or more chemicals to the chamber 102, such as corrosion inhibitors and biocides ([0021]). Additionally, it would have been obvious to include duplication of dedicated ports and valves for the addition of other components (MPEP 2144.04 VI B).
Regarding claim 7, it would be obvious to one of ordinary skill in the art to automate the actuation of the valves to have greater control over the components be introduced into the reactor tank (MPEP 2144.04 III).
Regarding claim 8, at the time of the filing of the present application, it would have been obvious to one of ordinary skill in the art, during routine experimentation, to take a baseline measurement of the corrosion rate for comparison after introducing further components into the reactor tank.
Regarding claim 11, Al-Khaldi teaches a pressure release valve/vent valve (113).
Regarding claim 12, Zhao teaches a pressure gauge ([n0008]). It would be prima facie obvious to one of ordinary skill to automate the operation of the pressure release valve/vent valve based on the pressure gauge reading (MPEP 2144.04 III).
Regarding claim 13, Al-Khaldi does not a drain outlet and corresponding valve.
However, Zhao teaches a drain valve within the vessel body ([n0010]).
At the time of the filing of the present application, it would have been obvious to one of ordinary skill in the art to incorporate the drain and corresponding valve taught by Zhao into the reactor tank of Al-Khaldi as it would allow multiple uses of the described apparatus.
Regarding claim 17, Al-Khaldi teaches address MIC problems in oil and gas facilities.
At the time of the filing of the present application, it would have been obvious to one of ordinary skill, to utilize the simulation environment for monitoring MIC, to add components to the reactor tank, including in particular water and hydrocarbons.
Regarding claim 18-20, note the rejections to instant claims 2-5, as outlined above.
Regarding claims 21, noted the rejections to instant claim 6, as outlined above.
Regarding claim 24-25, note the rejections to instant claims 9 and 10, as outlined above.
Regarding claim 26, note the rejection to instant claims 11 and 12, as outlined above.
Regarding claim 27, note the rejection to instant claim 13, as outlined above.
Regarding claim 28, note the rejection to instant claim 14, as outlined above.
Regarding claim 29, note the rejection to instant claim 15, as outlined above.
Interview with the Examiner
If at any point during the prosecution it is believe an interview with the Examiner would further the prosecution of an application, please consider this option.
The Automated Interview Request form (AIR) is available to request an interview to be scheduled with the Examiner. First, an authorization for internet communications regarding the case should be filed prior or with an AIR online request.
The internet communication authorization form (SB/0439), which authorizes or withdraws authorization for internet-based communication (e.g., video conferencing, email, etc.) for the application must be signed by the applicant or the attorney/agent for applicant. The form can be found at:
https://www.uspto.gov/sites/default/files/documents/sb0439.pdf
The AIR form can be filled out online, and is automatically forwarded to the Examiner, who will call to confirm a requested time and date, or set up a mutually convenient time for the interview. The form can be found at:
https://www.uspto.gov/patent/uspto-automated-interview-request-air-form.html
The Examiner encourages, but does not require, interviews by the USPTO Microsoft Teams video conferencing. This system allows for file-sharing along audio conferencing. Microsoft Teams can be used as an internet browser add-on in Microsoft IE, Google Chrome, or Mozilla Foxfire, or as a temporary Java-based application on these browsers. Steps for joining an Examiner setup Microsoft Teams can be found at the USPTO website:
https://www.uspto.gov/patents/laws/interview-practice#step3
Additionally, a blank email to the Examiner at the time of a telephonic interview can be used for a reply to easily allow for Microsoft Teams communication. Please note, policy guidelines regarding Internet communications are detailed at MPEP §500-502.3, and office policy regarding interviews are detailed at MPEP §713.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN C BALL whose telephone number is (571)270-5119. The examiner can normally be reached M - F, 9 am - 5:30 pm.
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, Luan Van can be reached at (571)272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. Christopher Ball/ Primary Examiner, Art Unit 1795