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 § 102
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 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) 1-16 and 18-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (U.S. Patent No. 10,213,757).
Regarding claim 1, Lee et al. discloses a system (title; figure 1) comprising:
an intake system configured to supply a blended well fluid to a metal extraction system (abstract; figure 1, apparatus 10; column 3, lines 37-49), wherein the intake system comprises:
a manifold (manifold 800) comprising:
a plurality of fluid inlets configured to receive a plurality of well fluids from a plurality of production wells (figure 1, inlets 810 and 820, capable to receive well fluids from lines 100/150 from well sources 20/40/60/80/120; column 8, lines 1-26);
an internal flow path coupled to the plurality of fluid inlets (figure 11, mixing together 850 in liquid stream 1100 in pipe manifold 800); and
a fluid outlet coupled to the internal flow path, wherein the fluid outlet is configured to output the blended well fluid that combines the plurality of well fluids (outlet 860);
a plurality of sensors configured to obtain sensor feedback of one or more parameters of the plurality of well fluids, wherein at least one of the plurality of sensors is coupled to each of the plurality of fluid inlets, and the one or more parameters include a metal concentration (sensors 520 and 520’; column 22, lines 53-66); and
a plurality of flow controls configured to control fluid flows of the plurality of well fluids into the manifold based on the sensor feedback, wherein at least one of the plurality of flow controls is coupled to each of the plurality of fluid inlets, the plurality of flow controls is configured to adjust a blend of the one more parameters of the blended well fluid, and the blended well fluid comprises metal within a concentration range configured for metal extraction by the metal extraction system (figure 1, pumps 30/130, flow control apparatus 200, valves 340/440; column 8, lines 27-61).
Regarding claim 2, Lee et al. discloses wherein the intake system comprises a fluid mixer fluidly coupled to the outlet of the manifold, and the fluid mixer comprises one or more tanks, one or more agitators, one or more fluid loops, or a combination thereof (tanks 1200; column 11, lines 10-27).
Regarding claim 3, Lee et al. discloses wherein the intake system comprises a pretreatment system, wherein the pretreatment system comprises one or more filters, one or more separators, one or more dehydrators, one or more chillers, or a combination thereof (column 17, lines 17-19).
Regarding claim 4, Lee et al. discloses wherein the plurality of flow controls comprises one or more valves, one or more pumps, or a combination thereof (figure 1, pumps 30/130, flow control apparatus 200, valves 340/440; column 8, lines 27-61).
Regarding claim 5, Lee et al. discloses wherein the plurality of flow controls are directly coupled to the manifold, separate and on-site with the manifold, or a combination thereof (figure 1, pumps 30/130, flow control apparatus 200, valves 340/440; column 8, lines 27-61).
Regarding claim 6, Lee et al. discloses wherein the one or more parameters further comprise a composition, a concentration of one or more species, a temperature, a salinity, or a combination thereof (column 22, lines 46-66).
Regarding claim 7, Lee et al. discloses comprising a controller configured to control the plurality of flow controls in response to the sensor feedback from the plurality of sensors, and the controller is configured to control the blend of the one or more parameters in the blended well fluid to achieve at least the metal within a concentration range (controller 600; columns 16-17, lines 58-6).
Regarding claim 8, Lee et al. discloses wherein the controller is further configured to control the blend of the one or more parameters in the blended well fluid to achieve a salinity within a salinity range (controller 600; columns 16-17, lines 58-6).
Regarding claim 9, Lee et al. discloses wherein the controller is further configured to control the blend of the one or more parameters in the blended well fluid to achieve a temperature with a temperature range (controller 600; columns 16-17, lines 58-6).
Regarding claim 10, Lee et al. discloses wherein the controller is further configured to control a flow rate of each of the plurality of well fluids to the manifold via the plurality of flow controls based on the sensor feedback and at least one of historical data, market pricing of the metal, energy consumption, machine learning, a supervisory system (controller 600; column 17, lines 3-5; column 25, lines 60-67; column 27, lines 22-27).
Regarding claim 11, Lee et al. discloses wherein the controller is further configured to control a flow rate of each of the plurality of well fluids to the manifold via the plurality of flow controls to control the blend of the one or more parameters in the blended well fluid based on an operational range of one or more pieces of equipment of the metal extraction system (controller 600; column 17, lines 7-58). It is noted that the metal extraction system is an intended use of the intake system (see claim 1, “an intake system configured to supply a blended well fluid to a metal extraction system”), and is not a positive structural limitation of the claims that can be further structurally limited.
Regarding claim 12, the metal extraction system is an intended use of the intake system (see claim 1, “an intake system configured to supply a blended well fluid to a metal extraction system”), and therefore is not a positive structural limitation of the claims that can be further structurally limited. However, in order to further compact prosecution, Lee et al. discloses the system may include apparatus for metal contamination treatments (column 17, lines 7-19), and it is known in the art that such treatments may include a sorption-desorption system or an electrochemical system.
Regarding claim 13, Lee et al. discloses a method (figures 1, 12-13), comprising:
supplying a blended well fluid to a metal extraction system from an intake system (abstract; figure 1, apparatus 10; column 3, lines 37-49) comprising a manifold (manifold 800), comprising:
receiving a plurality of well fluids from a plurality of production wells into a plurality of fluid inlets coupled to an internal flow path of a manifold of an intake system (figure 1, inlets 810 and 820, receive well fluids from lines 100/150 from well sources 20/40/60/80/120; column 8, lines 1-26); and
outputting the blended well fluid that combines the plurality of well fluids from an outlet of the manifold (outlet 860);
monitoring a plurality of sensors to obtain sensor feedback of one or more parameters of the plurality of well fluids, wherein at least one of the plurality of sensors is coupled to each of the plurality of fluid inlets, and the one or more parameters include a metal concentration (sensors 520 and 520’; column 22, lines 53-66); and
controlling a plurality of flow controls to control fluid flows of the plurality of well fluids into the manifold based on the sensor feedback, wherein at least one of the plurality of flow controls is coupled to each of the plurality of fluid inlets, the plurality of flow controls is configured to adjust a blend of the one more parameters of the blended well fluid, and the blended well fluid comprises metal within a concentration range configured for metal extraction by the metal extraction system (figure 1, pumps 30/130, flow control apparatus 200, valves 340/440, controller 600; column 8, lines 27-61).
Regarding claim 14, Lee et al. discloses mixing the blended well fluid in a fluid mixer of the intake system fluidly coupled to the outlet of the manifold, wherein the fluid mixer comprises one or more tanks, one or more agitators, one or more fluid loops, or a combination thereof (mixed fluid 850 in manifold flows to tanks 1200; column 11, lines 10-27).
Regarding claim 15, Lee et al. discloses wherein the plurality of flow controls comprises one or more valves, one or more pumps, or a combination thereof, wherein the one or more parameters comprise a composition, a temperature, a salinity, or a combination thereof (figure 1, pumps 30/130, flow control apparatus 200, valves 340/440; column 8, lines 27-61).
Regarding claim 16, Lee et al. discloses wherein controlling the plurality of flow controls to control fluid flows of the plurality of well fluids into the manifold comprises: controlling the blend of the one or more parameters in the blended well fluid to achieve at least the metal within a concentration range, a salinity within a salinity range, and a temperature with a temperature range (controller 600; columns 16-17, lines 58-6).
Regarding claim 18, Lee et al. discloses an apparatus (title; figure 1) comprising:
a manifold (manifold 800) comprising: a plurality of fluid inlets (figure 1, inlets 810 and 820), an internal flow path coupled to the plurality of fluid inlets (figure 11, mixing together 850 in liquid stream 1100 in pipe manifold 800); and a fluid outlet coupled to the internal flow path (outlet 860), wherein the plurality of fluid inlets receive a plurality of well fluids from a plurality of production wells (figure 1, inlets 810 and 820, capable to receive well fluids from lines 100/150 from well sources 20/40/60/80/120; column 8, lines 1-26), and wherein the fluid outlet outputs the blended well fluid that combines the plurality of well fluids (figure 11, blended outlet 860, blended fluid 1101; column 10, lines 21-46);
a plurality of sensors coupled to the manifold, wherein the plurality of sensors are configured to obtain sensor feedback about the plurality of well fluids received through the plurality of fluid inlets (sensors 520 and 520’; column 22, lines 53-66); and
a plurality of flow controls coupled to the manifold, wherein the plurality of flow controls is configured to control fluid flows of the plurality of well fluids through the plurality of fluid inlets (figure 1, pumps 30/130, flow control apparatus 200, valves 340/440; column 8, lines 27-61); and
a controller coupled to the plurality of sensors and the plurality of flow controls, wherein the controller comprises a processor, a memory, and instructions stored on the memory and executable by the processor to control the plurality of flow controls in response to the sensor feedback to control proportions of the plurality of well fluids in the blended well fluid (controller 600; columns 16-17, lines 58-6; column 25, lines 60-67 (“the controller is programmed” meaning it must have a processor, memory and instructions stored); column 27, lines 22-27).
Regarding claim 19, Lee et al. discloses further comprising a fluid mixer fluidly coupled to an outlet of the manifold and to the fluid outlet, wherein the fluid mixer comprises one or more tanks, one or more agitators, one or more fluid loops, or a combination thereof (tanks 1200; column 11, lines 10-27).
Regarding claim 20, Lee et al. discloses further comprising a pretreatment system, wherein the pretreatment system comprises one or more filters, one or more separators, one or more dehydrators, one or more chillers, or a combination thereof (column 17, lines 17-19).
Regarding claim 21, Lee et al. discloses wherein the plurality of flow controls comprises one or more valves, one or more pumps, or a combination thereof (figure 1, pumps 30/130, flow control apparatus 200, valves 340/440; column 8, lines 27-61).
Regarding claim 22, Lee et al. discloses wherein the controller is configured to control the plurality of flow controls to adjust a blend of one or more parameters of the blended well fluid (controller 600; columns 16-17, lines 58-6).
Regarding claim 23, Lee et al. discloses wherein the one or more parameters further comprise a composition, a concentration of one or more species, a temperature, a salinity, or a combination thereof (columns 16-17, lines 58-6).
Regarding claim 24, Lee et al. discloses wherein the controller is further configured to control a flow rate of each of the plurality of well fluids to the manifold via the plurality of flow controls based on the sensor feedback and at least one of historical data, market pricing of lithium, energy consumption, machine learning, a supervisory system (controller 600; column 17, lines 3-5; column 25, lines 60-67; column 27, lines 22-27).
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.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. in view of Katz (U.S. Patent Pub. No. 2021/0253449).
Regarding claim 17, Lee et al. discloses all the limitations as set forth above; however does not explicitly disclose wherein the metal extraction system comprises a sorption-desorption system or an electrochemical system, and wherein the metal extraction system extracts metal ion from the blended well fluid via the metal extraction system coupled to the intake system.
Katz teaches another system for extracting metals from water (title); wherein the metal extraction system comprises a sorption-desorption system or an electrochemical system, and wherein the metal extraction system extracts metal ion from the blended well fluid via the metal extraction system coupled to the intake system (figure 31; [0239]-[0242]).
As there are many different types of metal extraction systems (Katz [0239]), it would have been obvious to one of ordinary skill in the art before the time of filing to select a metal extraction system having a electrochemical system, as taught by Katz, because selecting one of known designs for extracting metals from well fluids would have been considered obvious to one of ordinary skill in the art before the time of filing.
Conclusion
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/ELIZABETH INSLER/Primary Examiner, Art Unit 1774
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