DETAILED ACTION
In response to remarks filed on 11 March 2026
Status of Claims
Claims 21-40 are pending;
Claims 22, 25, 29, 32-34, 36 and 39 are currently amended;
Claims 21, 23, 24, 26-28, 30, 31, 35, 37, 38 and 40 were previously presented;
Claims 21-40 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 11 March 2026 have been fully considered and they are not persuasive. Regarding applicant’s argument about Elkins not disclosing the claim limitations, examiner contends that the disclosure explicitly states measuring “concentration” of at least three gases selected from the group consisting of carbon dioxide, methane, oxygen, nitrogen, and hydrogen sulfide and the claim limitations do not require any kind of cumulative or aggregated measurement. It does not matter if it is a handheld portable measuring unit as there is no limitation in the claim that prevents the controller from being handheld and portable. Examiner further contends that the claim does not specifically state what or who adjust the well nor recites that the process is automatic. Therefore, the operator, based on the information obtained and determined by the controller can adjust the flow rates. Furthermore, Elkins’ disclosure in Column 8, Lines 53-57 states “This wireless configuration allows an operator to make adjustments from remote locations and also enables the operator to see how such adjustments effect the well being monitored without having to walk back and forth between the monitor and the valving on the well” which suggests that that well adjustments can be made remotely and wirelessly via the handheld controller. In view of the contents of the documents disclosed in the IDS from 8 January 2026, specifically the EPO report on application No. 24154125.9-1002, a new rejection is presented herein.
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 21, 28 and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schneider (U.S. Patent No. 4,670,148).
As to Claim 21, Schneider discloses a method for controlling extraction of landfill gas from a landfill via a gas extraction system, the gas extraction system comprising well piping for coupling a plurality of wells to a gas output, the method comprising:
Performing, using a multi-well controller (19), a global control method comprising:
Obtaining (via 10.1, 10.2 and 10.3), at the gas output, a measure of a concentration of nitrogen (Column 5, Lines 40-57: “ln the control center 19 illustrated in FIGS. 1 and 2, a respective sensor 10.1, 10.2, and 10.3 is disposed in each of the lines 9 after (when viewed in the direction of the flow of the gas) the shutoff devices 11.1, 11.2, and 11.3, which are in the form of control valves. These sensors 10.1 to 10.3 measure, for example, the concentration of nitrogen (N), carbon dioxide (CO2), methane (CH4), and preferably the oxygen concentration (O2) of the gaseous decomposition products that are flowing through the lines 9. The sensors 10 emit signals in conformity to the N, CO2, CH4, or O2 concentrations. These signals are transmitted via electrical lines 16 to a measuring and control unit 17. As a function of the determined measured values, this unit 17, via control lines 18, regulates the control valves 11 in order to automatically regulate the volume of the flow of the gaseous decomposition products withdrawn from a given gas well 8”) in landfill gas collected from at least some of the plurality of wells (8.1, 8.2, 8.3), the at least some of the plurality of wells including a first well (8.1);
Determining (at 17), for one or more wells (8.1, 8.2, 8.3) of the at least some of the plurality of wells, using the measure of concentration of nitrogen in the landfill gas collected from the at least some of the plurality of wells and a first measure of concentration of at least one constituent gas in landfill gas collected from the first well, whether to adjust respective flow rates of landfill gas being extracted from the one or more wells, the one or more wells including the first well (Column 5, Lines 40-57: “ln the control center 19 illustrated in FIGS. 1 and 2, a respective sensor 10.1, 10.2, and 10.3 is disposed in each of the lines 9 after (when viewed in the direction of the flow of the gas) the shutoff devices 11.1, 11.2, and 11.3, which are in the form of control valves. These sensors 10.1 to 10.3 measure, for example, the concentration of nitrogen (N), carbon dioxide (CO2), methane (CH4), and preferably the oxygen concentration (O2) of the gaseous decomposition products that are flowing through the lines 9. The sensors 10 emit signals in conformity to the N, CO2, CH4, or O2 concentrations. These signals are transmitted via electrical lines 16 to a measuring and control unit 17. As a function of the determined measured values, this unit 17, via control lines 18, regulates the control valves 11 in order to automatically regulate the volume of the flow of the gaseous decomposition products withdrawn from a given gas well 8”); and
When it is determined to adjust the flow rate of landfill gas being extracted from the first well, adjusting (via 11.1, 11.2, 11.3) the flow rate of the first well (Column 5, Lines 40-57: “ln the control center 19 illustrated in FIGS. 1 and 2, a respective sensor 10.1, 10.2, and 10.3 is disposed in each of the lines 9 after (when viewed in the direction of the flow of the gas) the shutoff devices 11.1, 11.2, and 11.3, which are in the form of control valves. These sensors 10.1 to 10.3 measure, for example, the concentration of nitrogen (N), carbon dioxide (CO2), methane (CH4), and preferably the oxygen concentration (O2) of the gaseous decomposition products that are flowing through the lines 9. The sensors 10 emit signals in conformity to the N, CO2, CH4, or O2 concentrations. These signals are transmitted via electrical lines 16 to a measuring and control unit 17. As a function of the determined measured values, this unit 17, via control lines 18, regulates the control valves 11 in order to automatically regulate the volume of the flow of the gaseous decomposition products withdrawn from a given gas well 8”).
As to Claim 28, Schneider discloses a system for controlling extraction of landfill gas from a landfill via a gas extraction system, the gas extraction system comprising well piping for coupling a plurality of wells to a gas output, the system comprising:
At least one multi-well controller (19) configured to:
Perform a global control method comprising:
Obtaining (via 10.1, 10.2 and 10.3), at the gas output, a measure of a concentration of nitrogen (Column 5, Lines 40-57: “ln the control center 19 illustrated in FIGS. 1 and 2, a respective sensor 10.1, 10.2, and 10.3 is disposed in each of the lines 9 after (when viewed in the direction of the flow of the gas) the shutoff devices 11.1, 11.2, and 11.3, which are in the form of control valves. These sensors 10.1 to 10.3 measure, for example, the concentration of nitrogen (N), carbon dioxide (CO2), methane (CH4), and preferably the oxygen concentration (O2) of the gaseous decomposition products that are flowing through the lines 9. The sensors 10 emit signals in conformity to the N, CO2, CH4, or O2 concentrations. These signals are transmitted via electrical lines 16 to a measuring and control unit 17. As a function of the determined measured values, this unit 17, via control lines 18, regulates the control valves 11 in order to automatically regulate the volume of the flow of the gaseous decomposition products withdrawn from a given gas well 8”) in landfill gas collected from at least some of the plurality of wells (8.1, 8.2, 8.3), the at least some of the plurality of wells including a first well (8.1);
Determining (at 17), for one or more wells of the at least some of the plurality of wells, using the concentration of nitrogen in the landfill gas collected from the at least some of the plurality of wells and a first measure of concentration of at least one constituent gas in landfill gas collected from the first well, whether to adjust respective flow rates of landfill gas being extracted from the one or more wells, the one or more wells including the first well (Column 5, Lines 40-57: “ln the control center 19 illustrated in FIGS. 1 and 2, a respective sensor 10.1, 10.2, and 10.3 is disposed in each of the lines 9 after (when viewed in the direction of the flow of the gas) the shutoff devices 11.1, 11.2, and 11.3, which are in the form of control valves. These sensors 10.1 to 10.3 measure, for example, the concentration of nitrogen (N), carbon dioxide (CO2), methane (CH4), and preferably the oxygen concentration (O2) of the gaseous decomposition products that are flowing through the lines 9. The sensors 10 emit signals in conformity to the N, CO2, CH4, or O2 concentrations. These signals are transmitted via electrical lines 16 to a measuring and control unit 17. As a function of the determined measured values, this unit 17, via control lines 18, regulates the control valves 11 in order to automatically regulate the volume of the flow of the gaseous decomposition products withdrawn from a given gas well 8”); and
When it is determined to adjust the flow rate of landfill gas being extracted from the first well, adjusting (via 11.1, 11.2, 11.3) the flow rate of the first well (Column 5, Lines 40-57: “ln the control center 19 illustrated in FIGS. 1 and 2, a respective sensor 10.1, 10.2, and 10.3 is disposed in each of the lines 9 after (when viewed in the direction of the flow of the gas) the shutoff devices 11.1, 11.2, and 11.3, which are in the form of control valves. These sensors 10.1 to 10.3 measure, for example, the concentration of nitrogen (N), carbon dioxide (CO2), methane (CH4), and preferably the oxygen concentration (O2) of the gaseous decomposition products that are flowing through the lines 9. The sensors 10 emit signals in conformity to the N, CO2, CH4, or O2 concentrations. These signals are transmitted via electrical lines 16 to a measuring and control unit 17. As a function of the determined measured values, this unit 17, via control lines 18, regulates the control valves 11 in order to automatically regulate the volume of the flow of the gaseous decomposition products withdrawn from a given gas well 8”).
As to Claim 35, Schneider discloses at least one non-transitory computer-readable medium having instructions encoded thereon, that, when executed by at least one controller (19), cause the at least one controller to perform a method for controlling extraction of landfill gas from a landfill via a gas extraction system, the gas extraction system comprising well piping (9.1, 9.2, 9.3) for coupling a plurality of wells (8.1, 8.2, 8.3) to a gas output, the method comprising:
Performing, using a multi-well controller (19), a global control method comprising:
Obtaining (via 10.1, 10.2 and 10.3), at the gas output, a measure of a concentration of nitrogen (Column 5, Lines 40-57: “ln the control center 19 illustrated in FIGS. 1 and 2, a respective sensor 10.1, 10.2, and 10.3 is disposed in each of the lines 9 after (when viewed in the direction of the flow of the gas) the shutoff devices 11.1, 11.2, and 11.3, which are in the form of control valves. These sensors 10.1 to 10.3 measure, for example, the concentration of nitrogen (N), carbon dioxide (CO2), methane (CH4), and preferably the oxygen concentration (O2) of the gaseous decomposition products that are flowing through the lines 9. The sensors 10 emit signals in conformity to the N, CO2, CH4, or O2 concentrations. These signals are transmitted via electrical lines 16 to a measuring and control unit 17. As a function of the determined measured values, this unit 17, via control lines 18, regulates the control valves 11 in order to automatically regulate the volume of the flow of the gaseous decomposition products withdrawn from a given gas well 8”) in landfill gas collected from at least some of the plurality of wells (8.1, 8.2, 8.3), the at least some of the plurality of wells including a first well (8.1);
Determining (at 17), for one or more wells (8.1, 8.2, 8.3) of the at least some of the plurality of wells, using the measure of concentration of nitrogen in the landfill gas collected from the at least some of the plurality of wells and a first measure of concentration of at least one constituent gas in landfill gas collected from the first well, whether to adjust respective flow rates of landfill gas being extracted from the one or more wells, the one or more wells including the first well (Column 5, Lines 40-57: “ln the control center 19 illustrated in FIGS. 1 and 2, a respective sensor 10.1, 10.2, and 10.3 is disposed in each of the lines 9 after (when viewed in the direction of the flow of the gas) the shutoff devices 11.1, 11.2, and 11.3, which are in the form of control valves. These sensors 10.1 to 10.3 measure, for example, the concentration of nitrogen (N), carbon dioxide (CO2), methane (CH4), and preferably the oxygen concentration (O2) of the gaseous decomposition products that are flowing through the lines 9. The sensors 10 emit signals in conformity to the N, CO2, CH4, or O2 concentrations. These signals are transmitted via electrical lines 16 to a measuring and control unit 17. As a function of the determined measured values, this unit 17, via control lines 18, regulates the control valves 11 in order to automatically regulate the volume of the flow of the gaseous decomposition products withdrawn from a given gas well 8”); and
When it is determined to adjust the flow rate of landfill gas being extracted from the first well, adjusting (via 11.1, 11.2, 11.3) the flow rate of the first well (Column 5, Lines 40-57: “ln the control center 19 illustrated in FIGS. 1 and 2, a respective sensor 10.1, 10.2, and 10.3 is disposed in each of the lines 9 after (when viewed in the direction of the flow of the gas) the shutoff devices 11.1, 11.2, and 11.3, which are in the form of control valves. These sensors 10.1 to 10.3 measure, for example, the concentration of nitrogen (N), carbon dioxide (CO2), methane (CH4), and preferably the oxygen concentration (O2) of the gaseous decomposition products that are flowing through the lines 9. The sensors 10 emit signals in conformity to the N, CO2, CH4, or O2 concentrations. These signals are transmitted via electrical lines 16 to a measuring and control unit 17. As a function of the determined measured values, this unit 17, via control lines 18, regulates the control valves 11 in order to automatically regulate the volume of the flow of the gaseous decomposition products withdrawn from a given gas well 8”).
Claims 21, 27, 28, 34 and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elkins (U.S. Patent No. 8,163,242).
As to Claim 21, Elkins discloses a method for controlling extraction of landfill gas from a landfill via a gas extraction system, the gas extraction system comprising well piping for coupling a plurality of wells to a gas output, the method comprising:
Performing, using a multi-well controller (100), a global control method (The method steps are capable of being performed with the device disclosed by Elkins) comprising:
Obtaining, at the gas output, a measure of a concentration of nitrogen in landfill gas collected from at least some of the plurality of wells (Column 15, Lines 51-53: “The one or more wells 20 typically include one or more vertically-oriented pipes 22 installed in a well bore 14 in the waste of the landfill”; Column 22, Lines 33-50: “said handheld portable measuring unit having a size, shape and weight that enables a user to easily and conveniently carry said handheld portable measuring unit to said landfill well, said handheld portable measuring unit having a weight of less than about 20 lbs and a volume that is less than about 500 cubic inches, said handheld portable measuring unit including at least one pressure measurement component, a plurality of chemical analyzers, and a plurality of fluid coupling devices, said plurality of chemical analyzers in said handheld portable measuring unit is designed to measure the presence and concentration of at least three gases in a landfill gas, at least three of said gases that can be measured by said chemical analyzers are selected from the group consisting of carbon dioxide, methane, oxygen, nitrogen, and hydrogen sulfide, said fluid coupling devices enabling flow of fluid from said landfill well to at least one of said chemical analyzers”), the at least some of the plurality of wells including a first well (Column 22, Lines 52-57: “connecting said handheld portable measuring unit to a plurality of ports on a first landfill well to field test said first landfill well, said step of connecting includes connecting said fluid coupling devices to different locations on said first landfill well, said handheld portable control unit not connected to said first landfill well”; Column 22, Lines 62-67: “measuring at least one pressure in said first landfill well by said at least one pressure measurement component and the presence and concentration of said at least three gases in a landfill gas of said first landfill well by said plurality of chemical analyzers while said portable measuring unit is connected to said first landfill well”);
Determining, for one or more wells of the at least some of the plurality of wells, using the measure of concentration of nitrogen in the landfill gas collected from the at least some of the plurality of wells and a first measure of concentration of at least one constituent gas in landfill gas collected from the first well (Column 22, Lines 41-48: “said plurality of chemical analyzers in said handheld portable measuring unit is designed to measure the presence and concentration of at least three gases in a landfill gas, at least three of said gases that can be measured by said chemical analyzers are selected from the group consisting of carbon dioxide, methane, oxygen, nitrogen, and hydrogen sulfide”), whether to adjust respective flow rates of landfill gas being extracted from the one or more wells, the one or more wells including the first well (Column 17, Lines 12-26: “The portable monitor of the present invention is design to provide the needed information to a field operator to enable the operator to adjust and control the flowrate of landfill gas into the landfill well so as to a) achieve a steady state of operation of the gas collection system, b) stabilize the rate and quality of extracted landfill gas, c) achieve and maintain effective subsurface gas migration control, d) achieve and maintain effective surface gas emissions control, e) assist with proper operation of control and recovery equipment, f) avoid well "over-pull" and maintain a healthy anaerobic state within the landfill, g) optimize landfill gas recovery for energy recovery purposes, h) control nuisance landfill gas odors, i) prevent or control subsurface landfill fires, j) protect structures on and near the landfill, and/or k) meet environmental and regulatory compliance requirements for landfills”; Column 19, Lines 27-37: “Referring now to FIGS. 1-3, there is illustrated a portable monitor 100 in accordance with the present invention. The portable monitor includes a measuring unit 110 and a control unit 150. The portable monitor is designed to obtain various types of information from well 20 so that the proper flowrate of landfill gas drawn into the well from landfill 10 can be obtained. Such information includes, but not limited to, flowrate of landfill gas into the well, composition of the landfill gas flowing into the well, temperature of the landfill gas flowing into the well, LEL of the landfill gas being drawn into the well, and available vacuum pressure for the well”); and
When it is determined to adjust the flow rate of landfill gas being extracted from the first well, adjusting the flow rate of the first well (Column 17, Lines 12-26: “The portable monitor of the present invention is design to provide the needed information to a field operator to enable the operator to adjust and control the flowrate of landfill gas into the landfill well so as to a) achieve a steady state of operation of the gas collection system, b) stabilize the rate and quality of extracted landfill gas, c) achieve and maintain effective subsurface gas migration control, d) achieve and maintain effective surface gas emissions control, e) assist with proper operation of control and recovery equipment, f) avoid well "over-pull" and maintain a healthy anaerobic state within the landfill, g) optimize landfill gas recovery for energy recovery purposes, h) control nuisance landfill gas odors, i) prevent or control subsurface landfill fires, j) protect structures on and near the landfill, and/or k) meet environmental and regulatory compliance requirements for landfills”; Column 19, Lines 27-37: “Referring now to FIGS. 1-3, there is illustrated a portable monitor 100 in accordance with the present invention. The portable monitor includes a measuring unit 110 and a control unit 150. The portable monitor is designed to obtain various types of information from well 20 so that the proper flowrate of landfill gas drawn into the well from landfill 10 can be obtained. Such information includes, but not limited to, flowrate of landfill gas into the well, composition of the landfill gas flowing into the well, temperature of the landfill gas flowing into the well, LEL of the landfill gas being drawn into the well, and available vacuum pressure for the well”).
As to Claim 27, Elkins discloses the invention of Claim 21 (Refer to Claim 21 discussion). Elkins also discloses wherein the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well comprises a measure of concentration of methane in landfill gas collected from the first well (Column 22, Lines 41-48: “said plurality of chemical analyzers in said handheld portable measuring unit is designed to measure the presence and concentration of at least three gases in a landfill gas, at least three of said gases that can be measured by said chemical analyzers are selected from the group consisting of carbon dioxide, methane, oxygen, nitrogen, and hydrogen sulfide”).
As to Claim 28, Elkins discloses a system for controlling extraction of landfill gas from a landfill via a gas extraction system, the gas extraction system comprising well piping for coupling a plurality of wells to a gas output, the system comprising:
At least one multi-well controller (100) configured to:
Perform a global control method (The method steps are capable of being performed with the device disclosed by Elkins) comprising:
Obtaining, at the gas output, a measure of a concentration of nitrogen in landfill gas collected from at least some of the plurality of wells (Column 15, Lines 51-53: “The one or more wells 20 typically include one or more vertically-oriented pipes 22 installed in a well bore 14 in the waste of the landfill”; Column 22, Lines 33-50: “said handheld portable measuring unit having a size, shape and weight that enables a user to easily and conveniently carry said handheld portable measuring unit to said landfill well, said handheld portable measuring unit having a weight of less than about 20 lbs and a volume that is less than about 500 cubic inches, said handheld portable measuring unit including at least one pressure measurement component, a plurality of chemical analyzers, and a plurality of fluid coupling devices, said plurality of chemical analyzers in said handheld portable measuring unit is designed to measure the presence and concentration of at least three gases in a landfill gas, at least three of said gases that can be measured by said chemical analyzers are selected from the group consisting of carbon dioxide, methane, oxygen, nitrogen, and hydrogen sulfide, said fluid coupling devices enabling flow of fluid from said landfill well to at least one of said chemical analyzers”), the at least some of the plurality of wells including a first well (Column 22, Lines 52-57: “connecting said handheld portable measuring unit to a plurality of ports on a first landfill well to field test said first landfill well, said step of connecting includes connecting said fluid coupling devices to different locations on said first landfill well, said handheld portable control unit not connected to said first landfill well”; Column 22, Lines 62-67: “measuring at least one pressure in said first landfill well by said at least one pressure measurement component and the presence and concentration of said at least three gases in a landfill gas of said first landfill well by said plurality of chemical analyzers while said portable measuring unit is connected to said first landfill well”);
Determining, for one or more wells of the at least some of the plurality of wells, using the concentration of nitrogen in the landfill gas collected from the at least some of the plurality of wells and a first measure of concentration of at least one constituent gas in landfill gas collected from the first well (Column 22, Lines 41-48: “said plurality of chemical analyzers in said handheld portable measuring unit is designed to measure the presence and concentration of at least three gases in a landfill gas, at least three of said gases that can be measured by said chemical analyzers are selected from the group consisting of carbon dioxide, methane, oxygen, nitrogen, and hydrogen sulfide”), whether to adjust respective flow rates of landfill gas being extracted from the one or more wells, the one or more wells including the first well (Column 17, Lines 12-26: “The portable monitor of the present invention is design to provide the needed information to a field operator to enable the operator to adjust and control the flowrate of landfill gas into the landfill well so as to a) achieve a steady state of operation of the gas collection system, b) stabilize the rate and quality of extracted landfill gas, c) achieve and maintain effective subsurface gas migration control, d) achieve and maintain effective surface gas emissions control, e) assist with proper operation of control and recovery equipment, f) avoid well "over-pull" and maintain a healthy anaerobic state within the landfill, g) optimize landfill gas recovery for energy recovery purposes, h) control nuisance landfill gas odors, i) prevent or control subsurface landfill fires, j) protect structures on and near the landfill, and/or k) meet environmental and regulatory compliance requirements for landfills”; Column 19, Lines 27-37: “Referring now to FIGS. 1-3, there is illustrated a portable monitor 100 in accordance with the present invention. The portable monitor includes a measuring unit 110 and a control unit 150. The portable monitor is designed to obtain various types of information from well 20 so that the proper flowrate of landfill gas drawn into the well from landfill 10 can be obtained. Such information includes, but not limited to, flowrate of landfill gas into the well, composition of the landfill gas flowing into the well, temperature of the landfill gas flowing into the well, LEL of the landfill gas being drawn into the well, and available vacuum pressure for the well”); and
When it is determined to adjust the flow rate of landfill gas being extracted from the first well, adjusting the flow rate of the first well (Column 17, Lines 12-26: “The portable monitor of the present invention is design to provide the needed information to a field operator to enable the operator to adjust and control the flowrate of landfill gas into the landfill well so as to a) achieve a steady state of operation of the gas collection system, b) stabilize the rate and quality of extracted landfill gas, c) achieve and maintain effective subsurface gas migration control, d) achieve and maintain effective surface gas emissions control, e) assist with proper operation of control and recovery equipment, f) avoid well "over-pull" and maintain a healthy anaerobic state within the landfill, g) optimize landfill gas recovery for energy recovery purposes, h) control nuisance landfill gas odors, i) prevent or control subsurface landfill fires, j) protect structures on and near the landfill, and/or k) meet environmental and regulatory compliance requirements for landfills”; Column 19, Lines 27-37: “Referring now to FIGS. 1-3, there is illustrated a portable monitor 100 in accordance with the present invention. The portable monitor includes a measuring unit 110 and a control unit 150. The portable monitor is designed to obtain various types of information from well 20 so that the proper flowrate of landfill gas drawn into the well from landfill 10 can be obtained. Such information includes, but not limited to, flowrate of landfill gas into the well, composition of the landfill gas flowing into the well, temperature of the landfill gas flowing into the well, LEL of the landfill gas being drawn into the well, and available vacuum pressure for the well”).
As to Claim 34, Elkins discloses the invention of Claim 28 (Refer to Claim 21 discussion). Elkins also discloses wherein the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well comprises a measure of concentration of methane in landfill gas collected from the first well (Column 22, Lines 41-48: “said plurality of chemical analyzers in said handheld portable measuring unit is designed to measure the presence and concentration of at least three gases in a landfill gas, at least three of said gases that can be measured by said chemical analyzers are selected from the group consisting of carbon dioxide, methane, oxygen, nitrogen, and hydrogen sulfide”).
As to Claim 35, Elkins discloses at least one non-transitory computer-readable medium (150) having instructions encoded thereon, that, when executed by at least one controller (Column 19, Lines 61-63: “The control unit includes one or more circuits and/or microprocessors to operate one or more software and/or hardware programs that are loaded in the control unit”), cause the at least one controller to perform a method for controlling extraction of landfill gas from a landfill via a gas extraction system, the gas extraction system comprising well piping for coupling a plurality of wells to a gas output, the method comprising:
Performing, using a multi-well controller (200), a global control method (The method steps are capable of being performed with the device disclosed by Elkins) comprising:
(Column 15, Lines 51-53: “The one or more wells 20 typically include one or more vertically-oriented pipes 22 installed in a well bore 14 in the waste of the landfill”; Column 22, Lines 33-50: “said handheld portable measuring unit having a size, shape and weight that enables a user to easily and conveniently carry said handheld portable measuring unit to said landfill well, said handheld portable measuring unit having a weight of less than about 20 lbs and a volume that is less than about 500 cubic inches, said handheld portable measuring unit including at least one pressure measurement component, a plurality of chemical analyzers, and a plurality of fluid coupling devices, said plurality of chemical analyzers in said handheld portable measuring unit is designed to measure the presence and concentration of at least three gases in a landfill gas, at least three of said gases that can be measured by said chemical analyzers are selected from the group consisting of carbon dioxide, methane, oxygen, nitrogen, and hydrogen sulfide, said fluid coupling devices enabling flow of fluid from said landfill well to at least one of said chemical analyzers”), the at least some of the plurality of wells including a first well (Column 22, Lines 52-57: “connecting said handheld portable measuring unit to a plurality of ports on a first landfill well to field test said first landfill well, said step of connecting includes connecting said fluid coupling devices to different locations on said first landfill well, said handheld portable control unit not connected to said first landfill well”; Column 22, Lines 62-67: “measuring at least one pressure in said first landfill well by said at least one pressure measurement component and the presence and concentration of said at least three gases in a landfill gas of said first landfill well by said plurality of chemical analyzers while said portable measuring unit is connected to said first landfill well”);
Determining, for one or more wells of the at least some of the plurality of wells, using the concentration of nitrogen in the landfill gas collected from the at least some of the plurality of wells and a first measure of concentration of at least one constituent gas in landfill gas collected from the first well (Column 22, Lines 41-48: “said plurality of chemical analyzers in said handheld portable measuring unit is designed to measure the presence and concentration of at least three gases in a landfill gas, at least three of said gases that can be measured by said chemical analyzers are selected from the group consisting of carbon dioxide, methane, oxygen, nitrogen, and hydrogen sulfide”), whether to adjust respective flow rates of landfill gas being extracted from the one or more wells, the one or more wells including the first well (Column 17, Lines 12-26: “The portable monitor of the present invention is design to provide the needed information to a field operator to enable the operator to adjust and control the flowrate of landfill gas into the landfill well so as to a) achieve a steady state of operation of the gas collection system, b) stabilize the rate and quality of extracted landfill gas, c) achieve and maintain effective subsurface gas migration control, d) achieve and maintain effective surface gas emissions control, e) assist with proper operation of control and recovery equipment, f) avoid well "over-pull" and maintain a healthy anaerobic state within the landfill, g) optimize landfill gas recovery for energy recovery purposes, h) control nuisance landfill gas odors, i) prevent or control subsurface landfill fires, j) protect structures on and near the landfill, and/or k) meet environmental and regulatory compliance requirements for landfills”; Column 19, Lines 27-37: “Referring now to FIGS. 1-3, there is illustrated a portable monitor 100 in accordance with the present invention. The portable monitor includes a measuring unit 110 and a control unit 150. The portable monitor is designed to obtain various types of information from well 20 so that the proper flowrate of landfill gas drawn into the well from landfill 10 can be obtained. Such information includes, but not limited to, flowrate of landfill gas into the well, composition of the landfill gas flowing into the well, temperature of the landfill gas flowing into the well, LEL of the landfill gas being drawn into the well, and available vacuum pressure for the well”); and
When it is determined to adjust the flow rate of landfill gas being extracted from the first well, adjusting the flow rate of the first well (Column 17, Lines 12-26: “The portable monitor of the present invention is design to provide the needed information to a field operator to enable the operator to adjust and control the flowrate of landfill gas into the landfill well so as to a) achieve a steady state of operation of the gas collection system, b) stabilize the rate and quality of extracted landfill gas, c) achieve and maintain effective subsurface gas migration control, d) achieve and maintain effective surface gas emissions control, e) assist with proper operation of control and recovery equipment, f) avoid well "over-pull" and maintain a healthy anaerobic state within the landfill, g) optimize landfill gas recovery for energy recovery purposes, h) control nuisance landfill gas odors, i) prevent or control subsurface landfill fires, j) protect structures on and near the landfill, and/or k) meet environmental and regulatory compliance requirements for landfills”; Column 19, Lines 27-37: “Referring now to FIGS. 1-3, there is illustrated a portable monitor 100 in accordance with the present invention. The portable monitor includes a measuring unit 110 and a control unit 150. The portable monitor is designed to obtain various types of information from well 20 so that the proper flowrate of landfill gas drawn into the well from landfill 10 can be obtained. Such information includes, but not limited to, flowrate of landfill gas into the well, composition of the landfill gas flowing into the well, temperature of the landfill gas flowing into the well, LEL of the landfill gas being drawn into the well, and available vacuum pressure for the 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.
Claims 22-26, 29-33 and 36-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elkins (U.S. Patent No. 8,163,242) in view of Campanella et al (U.S. Patent Application Publication No. 2017/0218731).
As to Claim 22, Elkins discloses the invention of Claim 21 (Refer to Claim 21 discussion). However, Elkins is silent about wherein determining whether to adjust respective flow rates of landfill gas being extracted from the one or more wells comprises determining whether the measure of concentration of nitrogen of the landfill gas collected from the one or more wells is outside of a global range; and when it is determined that the measure of concentration of nitrogen of the landfill gas collected from the one or more wells is outside of the global range, determining whether the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well is outside of a local range; and when it is determined that the first measure of concentration of the at least one constituent gas in the landfill gas collected from the first well is outside of the local range, determining to adjust the flow rate of the first well. Campanella discloses that it is known to monitor concentration of gases and compare them to thresholds and adjust flow rates accordingly (Paragraphs 0182 and 0183: “Next, process 1200 proceeds to decision block 1204, where it is determined whether the measured concentration of the first gas obtained at act 1202 is less than a first target threshold concentration. For example, the first gas may be methane and it may be determined, at decision block 1204, whether the measured concentration of methane is less than a first target concentration of methane (e.g., less than 30% by volume, less than 35% by volume less than 40% by volume, less than 45% by volume, less than 50% by volume, less than 55% by volume, and/or less than any suitable percentage in the 30-55% range by volume). When it is determined that the measured concentration is less than the first threshold concentration, process 1200 proceeds, via the YES branch, to act 1206, where one or more flow control mechanisms are controlled to reduce the flow rate of landfill gas being extracted from the landfill. For example, in some embodiments, a single flow control mechanism (e.g., a valve) may be controlled to reduce the flow rate of landfill gas (e.g., by closing the valve to a greater degree). In some embodiments, multiple flow control mechanisms (at a same site or different sites in a landfill) may be controlled to reduce the flow rate of landfill gas”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to determine whether the measure of concentration of nitrogen of the landfill gas collected from the one or more wells is outside of a global range; and when it is determined that the measure of concentration of nitrogen of the landfill gas collected from the one or more wells is outside of the global range, determining whether the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well is outside of a local range; and when it is determined that the first measure of concentration of the at least one constituent gas in the landfill gas collected from the first well is outside of the local range, determining to adjust the flow rate of the first well. The motivation would have been to stabilize the rate and quality of extracted landfill gas.
As to Claim 23, Elkins discloses the invention of Claim 21 (Refer to Claim 21 discussion). However, Elkins is silent about further comprising before increasing the flow rate of the landfill gas being extracted from the first well, determining whether a measure of carbon dioxide concentration of the landfill gas collected from the first well is less than a threshold concentration; and increasing the flow rate of the landfill gas being extracted from the first well when it is determined that the measure of carbon dioxide concentration of the landfill gas collected from the first well is less than the threshold concentration. Campanella discloses that it is known to monitor concentration of gases and compare them to thresholds and adjust flow rates accordingly, in this case increasing flow rate when the concentration of a gas is less than a threshold (Paragraph 0034: “In some embodiments, the method further comprises: measuring concentrations of methane, oxygen, and carbon dioxide in the first portion of extracted landfill gas; determining a balance gas concentration based on the measured concentrations of methane, oxygen, and carbon dioxide; controlling the at least one flow control mechanism to increase the flow rate of landfill gas being extracted from the landfill only when it is determined both that the second measure of energy content is greater than the first measure of energy content and the balance gas concentration is less than a balance gas threshold; and controlling the at least one flow control mechanism to decrease the flow rate of landfill gas being extracted from the landfill when it is determined that either the second measure of energy content is less than the first measure of energy content or the balance gas concentration is greater than the balance gas threshold.”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to before increasing the flow rate of the landfill gas being extracted from the first well, determining whether a measure of carbon dioxide concentration of the landfill gas collected from the first well is less than a threshold concentration; and increasing the flow rate of the landfill gas being extracted from the first well when it is determined that the measure of carbon dioxide concentration of the landfill gas collected from the first well is less than the threshold concentration. The motivation would have been to stabilize the rate and quality of extracted landfill gas.
As to Claim 24, Elkins discloses the invention of Claim 21 (Refer to Claim 21 discussion). However, Elkins is silent about further comprising before increasing the flow rate of the landfill gas being extracted from the first well, determining whether a measure of hydrogen sulfide concentration of the landfill gas collected from the first well is less than a threshold concentration; and increasing the flow rate of the landfill gas being extracted from the first well when it is determined that the measure of hydrogen sulfide concentration of the landfill gas collected from the first well is less than the threshold concentration. Campanella discloses that it is known to monitor concentration of gases and compare them to thresholds and adjust flow rates accordingly, in this case increasing flow rate when the concentration of a gas is less than a threshold (Paragraph 0034: “In some embodiments, the method further comprises: measuring concentrations of methane, oxygen, and carbon dioxide in the first portion of extracted landfill gas; determining a balance gas concentration based on the measured concentrations of methane, oxygen, and carbon dioxide; controlling the at least one flow control mechanism to increase the flow rate of landfill gas being extracted from the landfill only when it is determined both that the second measure of energy content is greater than the first measure of energy content and the balance gas concentration is less than a balance gas threshold; and controlling the at least one flow control mechanism to decrease the flow rate of landfill gas being extracted from the landfill when it is determined that either the second measure of energy content is less than the first measure of energy content or the balance gas concentration is greater than the balance gas threshold.”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to before increasing the flow rate of the landfill gas being extracted from the first well, determining whether a measure of hydrogen sulfide concentration of the landfill gas collected from the first well is less than a threshold concentration; and increasing the flow rate of the landfill gas being extracted from the first well when it is determined that the measure of hydrogen sulfide concentration of the landfill gas collected from the first well is less than the threshold concentration. The motivation would have been to stabilize the rate and quality of extracted landfill gas.
As to Claim 25, Elkins discloses the invention of Claim 21 (Refer to Claim 21 discussion). However, Elkins is silent about further comprising determining a scaling factor by which to proportionally adjust a degree to which a valve of the first well is opened or closed, the scaling factor being based at least in part on at least one characteristic of the first well; and wherein adjusting the flow rate of landfill gas being extracted from the first well comprises adjusting the flow rate of landfill gas being extracted from the first well according to the scaling factor. Campanella discloses determining a scaling factor by which to proportionally adjust a degree to which a valve of the first well is opened or closed, the scaling factor being based at least in part on at least one characteristic of the first well; and wherein adjusting the flow rate of landfill gas being extracted from the first well comprises adjusting the flow rate of landfill gas being extracted from the first well according to the scaling factor (Paragraph 0010: “In some embodiments, the at least one flow control mechanism comprises at least one valve, the at least one processor is configured to control the at least one flow control mechanism to increase the flow rate of landfill gas at least in part by causing the at least one valve to open to a greater degree, and the at least one processor is configured to control the at least one flow control mechanism to decrease the flow rate of landfill gas at least in part by causing the at least one valve to close to a greater degree”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to determine a scaling factor by which to proportionally adjust a degree to which a valve of the first well is opened or closed, the scaling factor being based at least in part on at least one characteristic of the first well; and wherein adjusting the flow rate of landfill gas being extracted from the first well comprises adjusting the flow rate of landfill gas being extracted from the first well according to the scaling factor. The motivation would have been to adjust the valve to open or close to a greater degree depending on the measured conditions.
As to Claim 26, Elkins discloses the invention of Claim 21 (Refer to Claim 21 discussion). However, Elkins is silent about wherein the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well comprises a measure of concentration of balance gas in landfill gas collected from the first well. Campanella discloses wherein the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well comprises a measure of concentration of balance gas in landfill gas collected from the first well (Paragraph 0034: “In some embodiments, the method further comprises: measuring concentrations of methane, oxygen, and carbon dioxide in the first portion of extracted landfill gas; determining a balance gas concentration based on the measured concentrations of methane, oxygen, and carbon dioxide; controlling the at least one flow control mechanism to increase the flow rate of landfill gas being extracted from the landfill only when it is determined both that the second measure of energy content is greater than the first measure of energy content and the balance gas concentration is less than a balance gas threshold; and controlling the at least one flow control mechanism to decrease the flow rate of landfill gas being extracted from the landfill when it is determined that either the second measure of energy content is less than the first measure of energy content or the balance gas concentration is greater than the balance gas threshold.”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well comprise a measure of concentration of balance gas in landfill gas collected from the first well. The motivation would have been to increase the utility of the apparatus by allowing it to monitor a wide array of gases.
As to Claim 29, Elkins discloses the invention of Claim 28 (Refer to Claim 28 discussion). However, Elkins is silent about wherein determining whether to adjust respective flow rates of landfill gas being extracted from the one or more wells comprises determining whether the measure of concentration of nitrogen of the landfill gas collected from the one or more wells is outside of a global range; and when it is determined that the measure of concentration of nitrogen of the landfill gas collected from the one or more wells is outside of the global range, determining whether the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well is outside of a local range; and when it is determined that the first measure of concentration of the at least one constituent gas in the landfill gas collected from the first well is outside of the local range, determining to adjust the flow rate of the first well. Campanella discloses that it is known to monitor concentration of gases and compare them to thresholds and adjust flow rates accordingly (Paragraphs 0182 and 0183: “Next, process 1200 proceeds to decision block 1204, where it is determined whether the measured concentration of the first gas obtained at act 1202 is less than a first target threshold concentration. For example, the first gas may be methane and it may be determined, at decision block 1204, whether the measured concentration of methane is less than a first target concentration of methane (e.g., less than 30% by volume, less than 35% by volume less than 40% by volume, less than 45% by volume, less than 50% by volume, less than 55% by volume, and/or less than any suitable percentage in the 30-55% range by volume). When it is determined that the measured concentration is less than the first threshold concentration, process 1200 proceeds, via the YES branch, to act 1206, where one or more flow control mechanisms are controlled to reduce the flow rate of landfill gas being extracted from the landfill. For example, in some embodiments, a single flow control mechanism (e.g., a valve) may be controlled to reduce the flow rate of landfill gas (e.g., by closing the valve to a greater degree). In some embodiments, multiple flow control mechanisms (at a same site or different sites in a landfill) may be controlled to reduce the flow rate of landfill gas”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to determine whether the measure of concentration of nitrogen of the landfill gas collected from the one or more wells is outside of a global range; and when it is determined that the measure of concentration of nitrogen of the landfill gas collected from the one or more wells is outside of the global range, determining whether the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well is outside of a local range; and when it is determined that the first measure of concentration of the at least one constituent gas in the landfill gas collected from the first well is outside of the local range, determining to adjust the flow rate of the first well. The motivation would have been to stabilize the rate and quality of extracted landfill gas.
As to Claim 30, Elkins discloses the invention of Claim 28 (Refer to Claim 28 discussion). However, Elkins is silent about further comprising before increasing the flow rate of the landfill gas being extracted from the first well, determining whether a measure of carbon dioxide concentration of the landfill gas collected from the first well is less than a threshold concentration; and increasing the flow rate of the landfill gas being extracted from the first well when it is determined that the measure of carbon dioxide concentration of the landfill gas collected from the first well is less than the threshold concentration. Campanella discloses that it is known to monitor concentration of gases and compare them to thresholds and adjust flow rates accordingly, in this case increasing flow rate when the concentration of a gas is less than a threshold (Paragraph 0034: “In some embodiments, the method further comprises: measuring concentrations of methane, oxygen, and carbon dioxide in the first portion of extracted landfill gas; determining a balance gas concentration based on the measured concentrations of methane, oxygen, and carbon dioxide; controlling the at least one flow control mechanism to increase the flow rate of landfill gas being extracted from the landfill only when it is determined both that the second measure of energy content is greater than the first measure of energy content and the balance gas concentration is less than a balance gas threshold; and controlling the at least one flow control mechanism to decrease the flow rate of landfill gas being extracted from the landfill when it is determined that either the second measure of energy content is less than the first measure of energy content or the balance gas concentration is greater than the balance gas threshold.”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to before increasing the flow rate of the landfill gas being extracted from the first well, determining whether a measure of carbon dioxide concentration of the landfill gas collected from the first well is less than a threshold concentration; and increasing the flow rate of the landfill gas being extracted from the first well when it is determined that the measure of carbon dioxide concentration of the landfill gas collected from the first well is less than the threshold concentration. The motivation would have been to stabilize the rate and quality of extracted landfill gas.
As to Claim 31, Elkins discloses the invention of Claim 28 (Refer to Claim 28 discussion). However, Elkins is silent about further comprising before increasing the flow rate of the landfill gas being extracted from the first well, determining whether a measure of hydrogen sulfide concentration of the landfill gas collected from the first well is less than a threshold concentration; and increasing the flow rate of the landfill gas being extracted from the first well when it is determined that the measure of hydrogen sulfide concentration of the landfill gas collected from the first well is less than the threshold concentration. Campanella discloses that it is known to monitor concentration of gases and compare them to thresholds and adjust flow rates accordingly, in this case increasing flow rate when the concentration of a gas is less than a threshold (Paragraph 0034: “In some embodiments, the method further comprises: measuring concentrations of methane, oxygen, and carbon dioxide in the first portion of extracted landfill gas; determining a balance gas concentration based on the measured concentrations of methane, oxygen, and carbon dioxide; controlling the at least one flow control mechanism to increase the flow rate of landfill gas being extracted from the landfill only when it is determined both that the second measure of energy content is greater than the first measure of energy content and the balance gas concentration is less than a balance gas threshold; and controlling the at least one flow control mechanism to decrease the flow rate of landfill gas being extracted from the landfill when it is determined that either the second measure of energy content is less than the first measure of energy content or the balance gas concentration is greater than the balance gas threshold.”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to before increasing the flow rate of the landfill gas being extracted from the first well, determining whether a measure of hydrogen sulfide concentration of the landfill gas collected from the first well is less than a threshold concentration; and increasing the flow rate of the landfill gas being extracted from the first well when it is determined that the measure of hydrogen sulfide concentration of the landfill gas collected from the first well is less than the threshold concentration. The motivation would have been to stabilize the rate and quality of extracted landfill gas.
As to Claim 32, Elkins discloses the invention of Claim 28 (Refer to Claim 28 discussion). However, Elkins is silent about further comprising determining a scaling factor by which to proportionally adjust a degree to which a valve of the first well is opened or closed, the scaling factor being based at least in part on at least one characteristic of the first well; and wherein adjusting the flow rate of landfill gas being extracted from the first well comprises adjusting the flow rate of landfill gas being extracted from the first well according to the scaling factor. Campanella discloses determining a scaling factor by which to proportionally adjust a degree to which a valve of the first well is opened or closed, the scaling factor being based at least in part on at least one characteristic of the first well; and wherein adjusting the flow rate of landfill gas being extracted from the first well comprises adjusting the flow rate of landfill gas being extracted from the first well according to the scaling factor (Paragraph 0010: “In some embodiments, the at least one flow control mechanism comprises at least one valve, the at least one processor is configured to control the at least one flow control mechanism to increase the flow rate of landfill gas at least in part by causing the at least one valve to open to a greater degree, and the at least one processor is configured to control the at least one flow control mechanism to decrease the flow rate of landfill gas at least in part by causing the at least one valve to close to a greater degree”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to determine a scaling factor by which to proportionally adjust a degree to which a valve of the first well is opened or closed, the scaling factor being based at least in part on at least one characteristic of the first well; and wherein adjusting the flow rate of landfill gas being extracted from the first well comprises adjusting the flow rate of landfill gas being extracted from the first well according to the scaling factor. The motivation would have been to adjust the valve to open or close to a greater degree depending on the measured conditions.
As to Claim 33, Elkins discloses the invention of Claim 28 (Refer to Claim 28 discussion). However, Elkins is silent about wherein the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well comprises a measure of concentration of balance gas in landfill gas collected from the first well. Campanella discloses wherein the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well comprises a measure of concentration of balance gas in landfill gas collected from the first well (Paragraph 0034: “In some embodiments, the method further comprises: measuring concentrations of methane, oxygen, and carbon dioxide in the first portion of extracted landfill gas; determining a balance gas concentration based on the measured concentrations of methane, oxygen, and carbon dioxide; controlling the at least one flow control mechanism to increase the flow rate of landfill gas being extracted from the landfill only when it is determined both that the second measure of energy content is greater than the first measure of energy content and the balance gas concentration is less than a balance gas threshold; and controlling the at least one flow control mechanism to decrease the flow rate of landfill gas being extracted from the landfill when it is determined that either the second measure of energy content is less than the first measure of energy content or the balance gas concentration is greater than the balance gas threshold.”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well comprise a measure of concentration of balance gas in landfill gas collected from the first well. The motivation would have been to increase the utility of the apparatus by allowing it to monitor a wide array of gases.
As to Claim 36, Elkins discloses the invention of Claim 35 (Refer to Claim 35 discussion). However, Elkins is silent about wherein determining whether to adjust respective flow rates of landfill gas being extracted from the one or more wells comprises determining whether the measure of concentration of nitrogen of the landfill gas collected from the one or more wells is outside of a global range; and when it is determined that the measure of concentration of nitrogen of the landfill gas collected from the one or more wells is outside of the global range, determining whether the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well is outside of a local range; and when it is determined that the first measure of concentration of the at least one constituent gas in the landfill gas collected from the first well is outside of the local range, determining to adjust the flow rate of the first well. Campanella discloses that it is known to monitor concentration of gases and compare them to thresholds and adjust flow rates accordingly (Paragraphs 0182 and 0183: “Next, process 1200 proceeds to decision block 1204, where it is determined whether the measured concentration of the first gas obtained at act 1202 is less than a first target threshold concentration. For example, the first gas may be methane and it may be determined, at decision block 1204, whether the measured concentration of methane is less than a first target concentration of methane (e.g., less than 30% by volume, less than 35% by volume less than 40% by volume, less than 45% by volume, less than 50% by volume, less than 55% by volume, and/or less than any suitable percentage in the 30-55% range by volume). When it is determined that the measured concentration is less than the first threshold concentration, process 1200 proceeds, via the YES branch, to act 1206, where one or more flow control mechanisms are controlled to reduce the flow rate of landfill gas being extracted from the landfill. For example, in some embodiments, a single flow control mechanism (e.g., a valve) may be controlled to reduce the flow rate of landfill gas (e.g., by closing the valve to a greater degree). In some embodiments, multiple flow control mechanisms (at a same site or different sites in a landfill) may be controlled to reduce the flow rate of landfill gas”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to determine whether the measure of concentration of nitrogen of the landfill gas collected from the one or more wells is outside of a global range; and when it is determined that the measure of concentration of nitrogen of the landfill gas collected from the one or more wells is outside of the global range, determining whether the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well is outside of a local range; and when it is determined that the first measure of concentration of the at least one constituent gas in the landfill gas collected from the first well is outside of the local range, determining to adjust the flow rate of the first well. The motivation would have been to stabilize the rate and quality of extracted landfill gas.
As to Claim 37, Elkins discloses the invention of Claim 35 (Refer to Claim 35 discussion). However, Elkins is silent about further comprising before increasing the flow rate of the landfill gas being extracted from the first well, determining whether a measure of carbon dioxide concentration of the landfill gas collected from the first well is less than a threshold concentration; and increasing the flow rate of the landfill gas being extracted from the first well when it is determined that the measure of carbon dioxide concentration of the landfill gas collected from the first well is less than the threshold concentration. Campanella discloses that it is known to monitor concentration of gases and compare them to thresholds and adjust flow rates accordingly, in this case increasing flow rate when the concentration of a gas is less than a threshold (Paragraph 0034: “In some embodiments, the method further comprises: measuring concentrations of methane, oxygen, and carbon dioxide in the first portion of extracted landfill gas; determining a balance gas concentration based on the measured concentrations of methane, oxygen, and carbon dioxide; controlling the at least one flow control mechanism to increase the flow rate of landfill gas being extracted from the landfill only when it is determined both that the second measure of energy content is greater than the first measure of energy content and the balance gas concentration is less than a balance gas threshold; and controlling the at least one flow control mechanism to decrease the flow rate of landfill gas being extracted from the landfill when it is determined that either the second measure of energy content is less than the first measure of energy content or the balance gas concentration is greater than the balance gas threshold.”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to before increasing the flow rate of the landfill gas being extracted from the first well, determining whether a measure of carbon dioxide concentration of the landfill gas collected from the first well is less than a threshold concentration; and increasing the flow rate of the landfill gas being extracted from the first well when it is determined that the measure of carbon dioxide concentration of the landfill gas collected from the first well is less than the threshold concentration. The motivation would have been to stabilize the rate and quality of extracted landfill gas.
As to Claim 38, Elkins discloses the invention of Claim 35 (Refer to Claim 35 discussion). However, Elkins is silent about further comprising before increasing the flow rate of the landfill gas being extracted from the first well, determining whether a measure of hydrogen sulfide concentration of the landfill gas collected from the first well is less than a threshold concentration; and increasing the flow rate of the landfill gas being extracted from the first well when it is determined that the measure of hydrogen sulfide concentration of the landfill gas collected from the first well is less than the threshold concentration. Campanella discloses that it is known to monitor concentration of gases and compare them to thresholds and adjust flow rates accordingly, in this case increasing flow rate when the concentration of a gas is less than a threshold (Paragraph 0034: “In some embodiments, the method further comprises: measuring concentrations of methane, oxygen, and carbon dioxide in the first portion of extracted landfill gas; determining a balance gas concentration based on the measured concentrations of methane, oxygen, and carbon dioxide; controlling the at least one flow control mechanism to increase the flow rate of landfill gas being extracted from the landfill only when it is determined both that the second measure of energy content is greater than the first measure of energy content and the balance gas concentration is less than a balance gas threshold; and controlling the at least one flow control mechanism to decrease the flow rate of landfill gas being extracted from the landfill when it is determined that either the second measure of energy content is less than the first measure of energy content or the balance gas concentration is greater than the balance gas threshold.”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to before increasing the flow rate of the landfill gas being extracted from the first well, determining whether a measure of hydrogen sulfide concentration of the landfill gas collected from the first well is less than a threshold concentration; and increasing the flow rate of the landfill gas being extracted from the first well when it is determined that the measure of hydrogen sulfide concentration of the landfill gas collected from the first well is less than the threshold concentration. The motivation would have been to stabilize the rate and quality of extracted landfill gas.
As to Claim 39, Elkins discloses the invention of Claim 35 (Refer to Claim 35 discussion). However, Elkins is silent about further comprising determining a scaling factor by which to proportionally adjust a degree to which a valve of the first well is opened or closed, the scaling factor being based at least in part on at least one characteristic of the first well; and wherein adjusting the flow rate of landfill gas being extracted from the first well comprises adjusting the flow rate of landfill gas being extracted from the first well according to the scaling factor. Campanella discloses determining a scaling factor by which to proportionally adjust a degree to which a valve of the first well is opened or closed, the scaling factor being based at least in part on at least one characteristic of the first well; and wherein adjusting the flow rate of landfill gas being extracted from the first well comprises adjusting the flow rate of landfill gas being extracted from the first well according to the scaling factor (Paragraph 0010: “In some embodiments, the at least one flow control mechanism comprises at least one valve, the at least one processor is configured to control the at least one flow control mechanism to increase the flow rate of landfill gas at least in part by causing the at least one valve to open to a greater degree, and the at least one processor is configured to control the at least one flow control mechanism to decrease the flow rate of landfill gas at least in part by causing the at least one valve to close to a greater degree”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to determine a scaling factor by which to proportionally adjust a degree to which a valve of the first well is opened or closed, the scaling factor being based at least in part on at least one characteristic of the first well; and wherein adjusting the flow rate of landfill gas being extracted from the first well comprises adjusting the flow rate of landfill gas being extracted from the first well according to the scaling factor. The motivation would have been to adjust the valve to open or close to a greater degree depending on the measured conditions.
As to Claim 40, Elkins discloses the invention of Claim 35 (Refer to Claim 35 discussion). However, Elkins is silent about wherein the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well comprises a measure of concentration of balance gas in landfill gas collected from the first well. Campanella discloses wherein the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well comprises a measure of concentration of balance gas in landfill gas collected from the first well (Paragraph 0034: “In some embodiments, the method further comprises: measuring concentrations of methane, oxygen, and carbon dioxide in the first portion of extracted landfill gas; determining a balance gas concentration based on the measured concentrations of methane, oxygen, and carbon dioxide; controlling the at least one flow control mechanism to increase the flow rate of landfill gas being extracted from the landfill only when it is determined both that the second measure of energy content is greater than the first measure of energy content and the balance gas concentration is less than a balance gas threshold; and controlling the at least one flow control mechanism to decrease the flow rate of landfill gas being extracted from the landfill when it is determined that either the second measure of energy content is less than the first measure of energy content or the balance gas concentration is greater than the balance gas threshold.”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the first measure of concentration of the at least one constituent gas in landfill gas collected from the first well comprise a measure of concentration of balance gas in landfill gas collected from the first well. The motivation would have been to increase the utility of the apparatus by allowing it to monitor a wide array of gases.
Conclusion
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 8 January 2026 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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