DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
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 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) 1, 3-7, 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gable US 20190330923 in view of Stephenson US 11761317 in further view of Vasquez US 11248599 in further view of Reinert US 3778193.
Gable discloses:
1. A frac fluid pumping assembly, comprising: a first pair of hydraulic cylinders comprising a first hydraulic cylinder and a second hydraulic cylinder (any pair of adjacent hydraulic cylinders 42 in e.g. Fig 5), each of the first and second hydraulic cylinders comprising: a cylinder housing (comprising 90, 158); a cylinder rod 66 extending at least partially from the cylinder housing (see e.g. Fig 7); a fluid port 94 formed though the cylinder housing; and a piston 86 coupled to the cylinder rod and forming sealed fluid chambers within the cylinder housing (chambers inside 42 on either side of 86); a first pair of spacer spools (any pair of spacer spools 46 in e.g. Fig 5); and a fluid end assembly having a pair of fluid ends (any pair of fluid ends 126) coupled to the first pair of spacer spools (see e.g. Fig 7), wherein a plunger 50 of each fluid end is coupled to one of the cylinder rods 66 of the first pair of hydraulic cylinders (see e.g. Fig 7).
It appears Gable discloses a first spacer frame coupled at one end to the first pair of hydraulic cylinders and at an opposite end to the first pair of spacer spools (see e.g. annotated Figs 5 and 7 herein).
In any event, Stephenson discloses a first spacer frame 234 coupled at one end to the first pair of hydraulic cylinders 220 and at an opposite end to the first pair of spacer spools 204.
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize a spacer frame as taught by Stephenson in the system of Gable to gain the benefit of facilitating maintenance operations as taught by Stephenson in col 6 lines 40-44.
Gable discloses wherein the first pair of hydraulic cylinders are mechanically decoupled from each other (see e.g. Figs 7-8), but it is unclear if Gable would disclose wherein the fluid ports formed through the cylinder housings of the first hydraulic cylinder and the second hydraulic cylinder are positioned adjacent to each other to form a combined fluid port, wherein the combined fluid port provides fluid communication between at least one of the sealed fluid chambers of each cylinder housing. Gable does not disclose but are hydraulically coupled to each other through the combined fluid port.
However, in e.g. Figs 1-2 Vasquez discloses a pump system driven by hydraulic cylinders including a pump 25 configured to pump operating fluid into the pump side fluid chamber (chamber on side of 24 towards 30) within the first cylinder housing (housing of 22A) and configured to pump operating fluid into the pump side fluid chamber (chamber on side of 14 towards 30) within the second cylinder housing (housing of 12A), wherein the plunger side fluid chamber of the first cylinder housing is in fluid communication with the plunger side fluid chamber of the second cylinder housing (via 20) wherein the fluid ports (at the ends of 20) formed through the cylinder housings of the first hydraulic cylinder and the second hydraulic cylinder are positioned adjacent to each other (adjacent means near and the ports of Vasquez are near) to form a combined fluid port (20 combines the two cylinder ports into a combined port), wherein the combined fluid port provides fluid communication between at least one of the sealed fluid chambers of each cylinder housing (see e.g. Fig 1) wherein the hydraulic cylinders are hydraulically coupled to each other through the combined fluid port (see e.g. Fig 1).
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize the hydraulic cylinder drive system configuration of Vasquez in the system of Gable as modified above to gain the benefit of reducing the number of pumps 22 of Gable needed to drive the hydraulic cylinders and/or to alternately drive adjacent hydraulic cylinders as taught by Vasquez in col 2 lines 35-38 e.g. to lessen pulsations by having one pump is in a discharge phase while another is suction phase as taught by Gable in 0046 which incorporates U.S. Publication 2015/0192117 which states in 0067 “maintain precise relative timing of the pump assemblies, such as, for example, to minimize and/or eliminate pulses in the flow of working fluid into the well, as described in more detail below.”, and which states in 0068, “the first pump assembly would perform its forward stroke as the second pump assembly performs its return stroke of the same duration.”
Regarding the newly introduced terminology “combined fluid port”, applicant’s specification does not state that the “combined fluid port” solves a stated problem or presents an unexpected result and thus the use of a line or a port (combined port) “would be an obvious matter of design choice within the skill of the art". See In re Kuhle, 526 F.2d 553, 555 (CCPA 1975) (use of the claimed feature solves no stated problem and presents no unexpected result and "would be an obvious matter of design choice within the skill of the art"). Also, 0030 applicant’s specification shows the functional equivalence of lines and ports (“line/port”), and a line or a port (combined port) would each provide the same claimed function of providing fluid communication to hydraulically couple the hydraulic cylinders. See In re Chu, 66 F.3d 292, 298-99 (Fed. Cir. 1995) ("design choice" is appropriate where the applicant fails to set forth any reasons why the differences between the claimed invention and the prior art would result in a different function). Therefore, use of a “combined port” would be an obvious matter of design choice within the skill of the art.
Additionally, Reinert discloses directly connecting ports to create a “combined port” (see e.g. 25 in Fig 1).
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize a direct connection of the hydraulic cylinders via a “combined port” as taught by Reinert in the system of Gable as modified above to gain the benefit of using a known way to connect hydraulic cylinders.
Gable as modified above discloses (references to Gable unless noted otherwise):
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3. The frac fluid pumping assembly of claim 1, wherein the first pair of hydraulic cylinders are hydraulically coupled to each other such that an operating fluid is repeatedly pumped from at least one of the sealed fluid chambers of one of the hydraulic cylinders into at least one of the sealed fluid chambers of the other hydraulic cylinder and then back (see e.g. 20 in Figs 1-2 and col 2 lines 35-38 of Vasquez).
4. The frac fluid pumping assembly of claim 3, wherein as the operating fluid is pumped out of one of the hydraulic cylinders, the cylinder rod of that hydraulic cylinder is at least partially further extended out of that cylinder housing in a discharge stroke (see e.g. 25 and 20 in Figs 1-2 and col 2 lines 35-38 of Vasquez).
5. The frac fluid pumping assembly of claim 4, wherein as the operating fluid is pumped into one of the hydraulic cylinders, the cylinder rod of that hydraulic cylinder is at least partially retracted back into the cylinder housing in a suction stroke (see e.g. 25 and 20 in Figs 1-2 and col 2 lines 35-38 of Vasquez).
6. The frac fluid pumping assembly of claim 5, wherein when the cylinder rod of one of the hydraulic cylinders is moved in a first direction in the discharge stroke, the cylinder rod of the other hydraulic cylinder is moved in an opposite, second direction in the suction stroke (see e.g. 25 and 20 in Figs 1-2 and col 2 lines 35-38 of Vasquez).
7. The frac fluid pumping assembly of claim 6, wherein each plunger (50 of Gable) is at least partially disposed within one of the spacer spools (46 of Gable) that is coupled to one of the fluid ends (see e.g. Fig 7).
9. The frac fluid pumping assembly of claim 7, wherein each fluid end comprises a suction valve assembly 58 configured to direct fluid into the fluid end, and a discharge valve assembly 62 configured to direct fluid out of the fluid end.
10. The frac fluid pumping assembly of claim 9, wherein each fluid end is in fluid communication with a suction manifold 138 and a discharge manifold 142.
11. The frac fluid pumping assembly of claim 1, wherein the frac fluid pumping assembly further comprises a second pair of hydraulic cylinders that are mechanically decoupled from each other but are hydraulically coupled to each other (See e.g. Fig 5 wherein there are multiple pairs of cylinders which would all be modified as per the rejection of claim 1. Additionally, the addition of a second pair of hydraulic cylinders that are mechanically decoupled from each other but are hydraulically coupled to each other is merely a duplication of parts. It has held that a mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04. VI. B).
12. The frac fluid pumping assembly of claim 11, wherein the frac fluid pumping assembly further comprises a third pair of hydraulic cylinders that are mechanically decoupled from each other but are hydraulically coupled to each other (See e.g. Fig 5 wherein there are multiple pairs of cylinders which would all be modified as per the rejection of claim 1. Additionally, the addition of a third pair of hydraulic cylinders that are mechanically decoupled from each other but are hydraulically coupled to each other is merely a duplication of parts. It has held that a mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04. VI. B).
13. A pump system, comprising: a power system 18; a drive system 26; and the frac fluid pumping assembly of claim 1 (see the rejection of claim 1).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gable US 20190330923 in view of Stephenson US 11761317 in further view of Vasquez US 11248599 in further view of Kumar WO2021178455.
Regarding claim 8, Gable as modified above discloses:
8. The frac fluid pumping assembly of claim 7, wherein a length of each cylinder housing is dimensioned to allow each plunger to be fully retracted from each spacer spool (see Stephenson wherein a length of each cylinder housing 220 is dimensioned to allow each plunger 236 to be fully retracted from each spacer spool 234 as in Fig 2A).
In the event that Stephenson was found to be lacking in some manner, the examiner could turn to Kumar which discloses a spacer frame coupled to a cylinder housing and coupled to a spacer spool, wherein a cylinder rod is coupled to a plunger that extends through the spacer spool into a fluid end, and wherein the length of the cylinder housing is dimensioned to allow plunger to be fully retracted from the spacer spool (see annotated Fig 2 herein).
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to dimension the cylinder housings and plungers of Gable as modified above to allow each plunger to extend into the fluid end and to be fully retracted from the corresponding spacer spool to gain the benefit of reducing dead space in the fluid end and facilitating inspection and/or maintenance of the spacer spool.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gable US 20190330923 in view of Stephenson US 11761317 in further view of Vasquez US 11248599 in further view of Reinert US 3778193 in further view of Van Zandt US 4462764.
Regarding claim 14, Gable as modified above discloses:
14. The pump system of claim 13, wherein the drive system comprises one or more pumps 22 configured to direct the operating fluid between the pairs of hydraulic cylinders that are hydraulically coupled to each other (see Figs 1-2 of Vasquez). Gable as modified above does not disclose and one or more pump manifolds. Van Zandt discloses the use of one or more manifolds (see e.g. 92 in Fig 3).
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize a manifold as taught by Van Zandt in the system of Gable as modified above to gain the benefit of cooling the hydraulic fluid as taught by Van Zandt in col 5 lines 58-64.
Gable as modified above discloses (references to Gable unless noted otherwise):
15. The pump system of claim 14, wherein the power system 18 is configured to power the one or more pumps.
Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gable US 20190330923 in view of Reinert US 3778193.
Gable discloses:
16. A frac fluid pumping assembly, comprising: a first hydraulic cylinder comprising a first cylinder housing 42, a first cylinder rod 66 at least partially disposed within the first cylinder housing, and a first piston 86 coupled to the first cylinder rod and forming a pump side fluid chamber (chamber inside 42 adjacent to 70 in Fig 7) and a plunger side fluid chamber (chamber inside 42 adjacent to 90 in Fig 7) within the first cylinder housing on opposite sides of the first piston (see e.g. Fig 7); a second hydraulic cylinder comprising a second cylinder housing, a second cylinder rod at least partially disposed within the second cylinder housing, and a second piston coupled to the second cylinder rod and forming a pump side fluid chamber and a plunger side fluid chamber within the second cylinder housing on opposite sides of the second piston (see e.g. Fig 5 wherein there are a plurality of hydraulic cylinders 42); and a pump 22 configured to pump operating fluid into the pump side fluid chamber within the first cylinder housing (see e.g. Fig 8).
Gable does not appear to disclose a combined fluid port comprising a first fluid port formed through at least a portion of the first cylinder housing that is positioned adjacent to a second fluid port formed through at least a portion of the second cylinder housing, wherein the combined fluid port provides fluid communication between the plunger-side fluid chamber within the first cylinder housing and the plunger-side fluid chamber within the second cylinder housing; and configured to pump operating fluid into the pump side fluid chamber within the second cylinder housing.
However, in e.g. Figs 1 Reinert discloses a pump system (see e.g. col 1 lines 5-15 and col 2 lines 19-27) driven by a hydraulic cylinder drive system have hydraulic cylinders (10, 11), the hydraulic cylinder drive system including a combined fluid port comprising a first fluid port formed through at least a portion of the first cylinder housing that is positioned adjacent to a second fluid port formed through at least a portion of the second cylinder housing (see 25 which forms a combined fluid port with the ports in the hydraulic cylinders), wherein the combined fluid port provides fluid communication between the plunger-side fluid chamber within the first cylinder housing and the plunger-side fluid chamber within the second cylinder housing (plunger side is side on which the connecting rods 19, 20 are located which are used to drive the pump); and configured to pump operating fluid into the pump side fluid chamber within the first and second cylinder housing (see pump P connected via 21, 22).
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize the hydraulic cylinder drive system configuration of Reinert in the system of Gable to gain the benefit of to gain the benefit of reducing the number of pumps 22 of Gable needed to drive the hydraulic cylinders and/or to alternately drive adjacent hydraulic cylinders as taught by Reinert in col 2 lines 46-50 e.g. to lessen pulsations by having one pump is in a discharge phase while another is suction phase as taught by Gable in 0046 which incorporates U.S. Publication 2015/0192117 which states in 0067 “maintain precise relative timing of the pump assemblies, such as, for example, to minimize and/or eliminate pulses in the flow of working fluid into the well, as described in more detail below.”, and which states in 0068, “the first pump assembly would perform its forward stroke as the second pump assembly performs its return stroke of the same duration.”
Additionally, regarding the newly introduced terminology “combined fluid port”, applicant’s specification does not state that the “combined fluid port” solves a stated problem or presents an unexpected result and thus the use of a line or a port (combined port) “would be an obvious matter of design choice within the skill of the art". See In re Kuhle, 526 F.2d 553, 555 (CCPA 1975) (use of the claimed feature solves no stated problem and presents no unexpected result and "would be an obvious matter of design choice within the skill of the art"). Also, 0030 applicant’s specification shows the functional equivalence of lines and ports (“line/port”), and a line or a port (combined port) would each provide the same claimed function of providing fluid communication to hydraulically couple the hydraulic cylinders. See In re Chu, 66 F.3d 292, 298-99 (Fed. Cir. 1995) ("design choice" is appropriate where the applicant fails to set forth any reasons why the differences between the claimed invention and the prior art would result in a different function). Therefore, use of a “combined port” would be an obvious matter of design choice within the skill of the art.
Gable as modified above discloses (references to Gable unless noted otherwise):
17. The frac fluid pumping assembly of claim 16, wherein the first cylinder rod 66 is coupled to a first plunger 50 that extends into a first fluid end 46, and wherein the second cylinder rod is coupled to a second plunger that extends into a second fluid end (see e.g. Fig 5 wherein there is a plurality of hydraulic cylinders 66 and fluid ends 46).
18. The frac fluid pumping assembly of claim 17, wherein operating fluid is supplied from the plunger side fluid chamber of the first cylinder housing into the plunger side fluid chamber of the second cylinder housing to move the second piston, the second cylinder rod, and the second plunger in a suction stroke to draw fluid into the second fluid end (see e.g. Fig 1 of Reinart wherein the side of the connecting rods 19, 20 is the plunger side which drives the pump as in col 1 lines 5-15 and col 2 lines 19-27; and see e.g. Fig 1 and alternately in col 2 lines 46-50 of Reinart, and Fig 7 and Gable in 0046 which incorporates U.S. Publication 2015/0192117 which states in 0067 “maintain precise relative timing of the pump assemblies, such as, for example, to minimize and/or eliminate pulses in the flow of working fluid into the well, as described in more detail below.”, and which states in 0068, “the first pump assembly would perform its forward stroke as the second pump assembly performs its return stroke of the same duration”).
19. The frac fluid pumping assembly of claim 18, wherein operating fluid is supplied from the plunger side fluid chamber of the second cylinder housing back into the plunger side fluid chamber of the first cylinder housing to move the first piston, the first cylinder rod, and the first plunger in a suction stroke to draw fracing fluid into the first fluid end (see e.g. Fig 1 and alternately in col 2 lines 46-50 of Reinart, and Fig 7 and Gable in 0046 which incorporates U.S. Publication 2015/0192117 which states in 0067 “maintain precise relative timing of the pump assemblies, such as, for example, to minimize and/or eliminate pulses in the flow of working fluid into the well, as described in more detail below.”, and which states in 0068, “the first pump assembly would perform its forward stroke as the second pump assembly performs its return stroke of the same duration”).
20. The frac fluid pumping assembly of claim 19, wherein when the first piston, the first cylinder rod, and the first plunger move in the suction stroke, the second piston, the second cylinder rod, and the second plunger move in a discharge stroke to pump fracing fluid out of the second fluid end (see e.g. Fig 1 and alternately in col 2 lines 46-50 of Reinart, and Fig 7 and Gable in 0046 which incorporates U.S. Publication 2015/0192117 which states in 0067 “maintain precise relative timing of the pump assemblies, such as, for example, to minimize and/or eliminate pulses in the flow of working fluid into the well, as described in more detail below.”, and which states in 0068, “the first pump assembly would perform its forward stroke as the second pump assembly performs its return stroke of the same duration”).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gable US 20190330923 in view of Reinert US 3778193 in further view of Stephenson US 11761317 in further view of Kumar WO2021178455.
Gable discloses:
21. (New) A frac fluid pumping assembly, comprising: a first pair of hydraulic cylinders (any pair of hydraulic cylinders 42 in e.g. Fig 5), each hydraulic cylinder comprising: a cylinder housing (90, 158); and a cylinder rod 66 extending at least partially from the cylinder housing, a piston 86 coupled to the cylinder rod and disposed within the cylinder housing, the piston forming a pump-side fluid chamber and a plunger-side fluid chamber within the cylinder housing on opposite sides of the piston (chambers on opposite sides of 86 inside 42); a first pair of spacer spools each spacer spool aligned with a corresponding hydraulic cylinder of the first pair of hydraulic cylinders (any pair of spacer spools 46 in e.g. Fig 5 corresponding to the pair of hydraulic cylinders 42 above); and a fluid end assembly having a pair of fluid ends (any pair of fluid ends 126 corresponding to the spacer spools above) coupled to the first pair of spacer spools (see e.g. Fig 7), wherein a plunger 50 of each fluid end is coupled to a corresponding one of the cylinder rods (see e.g. Fig 7).
Gable discloses does not disclose a combined fluid port formed by fluid ports formed through each of the cylinder housings that are positioned adjacent to each other, wherein the combined fluid port provides fluid between the plunger-side fluid chambers of the first and second cylinder housings. Gable discloses the first pair of hydraulic cylinders are mechanically decoupled from each other (see e.g. Figs 7-8), but does not disclose: but are hydraulically coupled to each other through the combined fluid port.
However, in e.g. Figs 1 Reinert discloses a pump system (see e.g. col 1 lines 5-15 and col 2 lines 19-27) driven by a hydraulic cylinder drive system have hydraulic cylinders (10, 11), the hydraulic cylinder drive system including a combined fluid port formed by fluid ports formed through each of the cylinder housings that are positioned adjacent to each other, wherein the combined fluid port provides fluid between the plunger-side fluid chambers of the first and second cylinder housings (see 25 which forms a combined fluid port with the ports in the hydraulic cylinders), wherein the first pair of hydraulic cylinders are hydraulically coupled to each other through the combined fluid port (see e.g. Fig 1).
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize the hydraulic cylinder drive system configuration of Reinert in the system of Gable to gain the benefit of to gain the benefit of reducing the number of pumps 22 of Gable needed to drive the hydraulic cylinders and/or to alternately drive adjacent hydraulic cylinders as taught by Reinert in col 2 lines 46-50 e.g. to lessen pulsations by having one pump is in a discharge phase while another is suction phase as taught by Gable in 0046 which incorporates U.S. Publication 2015/0192117 which states in 0067 “maintain precise relative timing of the pump assemblies, such as, for example, to minimize and/or eliminate pulses in the flow of working fluid into the well, as described in more detail below.”, and which states in 0068, “the first pump assembly would perform its forward stroke as the second pump assembly performs its return stroke of the same duration.”
Additionally, regarding the newly introduced terminology “combined fluid port”, applicant’s specification does not state that the “combined fluid port” solves a stated problem or presents an unexpected result and thus the use of a line or a port (combined port) “would be an obvious matter of design choice within the skill of the art". See In re Kuhle, 526 F.2d 553, 555 (CCPA 1975) (use of the claimed feature solves no stated problem and presents no unexpected result and "would be an obvious matter of design choice within the skill of the art"). Also, 0030 applicant’s specification shows the functional equivalence of lines and ports (“line/port”), and a line or a port (combined port) would each provide the same claimed function of providing fluid communication to hydraulically couple the hydraulic cylinders. See In re Chu, 66 F.3d 292, 298-99 (Fed. Cir. 1995) ("design choice" is appropriate where the applicant fails to set forth any reasons why the differences between the claimed invention and the prior art would result in a different function). Therefore, use of a “combined port” would be an obvious matter of design choice within the skill of the art.
Gable discloses a first spacer frame coupled to each cylinder housing and coupled to the first pair of spacer spools (see e.g. annotated Figs 5 and 7 herein), but does not appear to disclose wherein a length of each cylinder housing is dimensioned to allow each plunger to be fully retracted from the corresponding spacer spool of the first pair of hydraulic cylinders.
In any event, Stephenson discloses a first spacer frame 234 coupled at one end to the first pair of hydraulic cylinders 220 and at an opposite end to the first pair of spacer spools 204.
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize a spacer frame as taught by Stephenson in the system of Gable to gain the benefit of facilitating maintenance operations as taught by Stephenson in col 6 lines 40-44.
Kumar discloses a first spacer frame connecting a cylinder housing and a spacer spool and wherein a length of each cylinder housing is dimensioned to allow each plunger to be fully retracted from the corresponding spacer spool of the first pair of hydraulic cylinders (see annotated Fig 2 herein). Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to dimension the cylinder housings of Gable as modified above to allow each plunger to be fully retracted from the corresponding spacer spool to gain the benefit of facilitating inspection and/or maintenance of the spacer spool.
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Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gable US 20190330923 in view of Stephenson US 11761317 in further view of Reinert US 3778193 in further view of Kumar WO2021178455.
Gable discloses:
22. (Currently Amended) A frac fluid pumping assembly, comprising: a first hydraulic cylinder (any 42 in e.g. Fig 5) comprising: a first cylinder housing (90, 158); a first cylinder rod 66 at least partially disposed within the first cylinder housing; a first piston 86 coupled to the first cylinder rod and forming a pump side fluid chamber and a plunger side fluid chamber within the first cylinder housing on opposite sides of the first piston (chambers on opposite sides of 86 inside 42); a first fluid port 94 formed through the first cylinder housing; a first spacer spool 46 aligned with the first hydraulic cylinder; wherein the first cylinder rod is coupled to a first plunger 50 that extends through the first spacer spool into a first fluid end 126; and a second hydraulic cylinder (any 42 in Fig 5 adjacent to the 42 cited above) comprising: a second cylinder housing (90, 158); a second cylinder rod 66 at least partially disposed within the second cylinder housing; a second piston 86 coupled to the second cylinder rod and forming a pump side fluid chamber and a plunger side fluid chamber within the second cylinder housing on opposite sides of the second piston (chambers on opposite sides of 86 inside 42); a second fluid port 94 formed through the second cylinder housing; a second spacer spool 46 aligned with the second hydraulic cylinder; wherein the second cylinder rod 66 is coupled to a second plunger 50 that extends through the second spacer spool into a second fluid end 126.
It appears Gable discloses a first spacer frame coupled to the first cylinder housing and coupled to the first spacer spool, and a second spacer frame coupled to the second cylinder housing and coupled to the second spacer spool (see e.g. annotated Figs 5 and 7 herein).
In any event, Stephenson discloses a first spacer frame 234 coupled at one end to the first pair of hydraulic cylinders 220 and at an opposite end to the first pair of spacer spools 204.
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize a spacer frame as taught by Stephenson in the system of Gable to gain the benefit of facilitating maintenance operations as taught by Stephenson in col 6 lines 40-44.
Gable does not disclose the first fluid port and the second fluid port are positioned adjacent to each other to form a combined fluid port extending between the first and second cylinder housing, wherein the combined fluid port provides fluid communication between the plunger-side fluid chambers of the first and second cylinder housings; and a pump configured to pump operating fluid into the pump side fluid chamber within the first cylinder housing and configured to pump operating fluid into the pump side fluid chamber within the second cylinder housing.
However, in e.g. Figs 1 Reinert discloses a pump system (see e.g. col 1 lines 5-15 and col 2 lines 19-27) driven by a hydraulic cylinder drive system have hydraulic cylinders (10, 11), the hydraulic cylinder drive system including the first fluid port and the second fluid port are positioned adjacent to each other to form a combined fluid port extending between the first and second cylinder housing (see e.g. 25 which combines the ports of the hydraulic cylinders into a combined port), wherein the combined fluid port provides fluid communication between the plunger-side fluid chambers of the first and second cylinder housings (see e.g. Fig 1 wherein the plunger side is the side on which 19, 20 are disposed); and a pump configured to pump operating fluid into the pump side fluid chamber within the first cylinder housing and configured to pump operating fluid into the pump side fluid chamber within the second cylinder housing (see P in Fig 1 which is connected to the hydraulic cylinders via 21, 22).
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize the hydraulic cylinder drive system configuration of Reinert in the system of Gable to gain the benefit of to gain the benefit of reducing the number of pumps 22 of Gable needed to drive the hydraulic cylinders and/or to alternately drive adjacent hydraulic cylinders as taught by Reinert in col 2 lines 46-50 e.g. to lessen pulsations by having one pump is in a discharge phase while another is suction phase as taught by Gable in 0046 which incorporates U.S. Publication 2015/0192117 which states in 0067 “maintain precise relative timing of the pump assemblies, such as, for example, to minimize and/or eliminate pulses in the flow of working fluid into the well, as described in more detail below.”, and which states in 0068, “the first pump assembly would perform its forward stroke as the second pump assembly performs its return stroke of the same duration.”
Additionally, regarding the newly introduced terminology “combined fluid port”, applicant’s specification does not state that the “combined fluid port” solves a stated problem or presents an unexpected result and thus the use of a line or a port (combined port) “would be an obvious matter of design choice within the skill of the art". See In re Kuhle, 526 F.2d 553, 555 (CCPA 1975) (use of the claimed feature solves no stated problem and presents no unexpected result and "would be an obvious matter of design choice within the skill of the art"). Also, 0030 applicant’s specification shows the functional equivalence of lines and ports (“line/port”), and a line or a port (combined port) would each provide the same claimed function of providing fluid communication to hydraulically couple the hydraulic cylinders. See In re Chu, 66 F.3d 292, 298-99 (Fed. Cir. 1995) ("design choice" is appropriate where the applicant fails to set forth any reasons why the differences between the claimed invention and the prior art would result in a different function). Therefore, use of a “combined port” would be an obvious matter of design choice within the skill of the art.
Gable as modified above does not disclose wherein lengths of the first and second cylinder housings are dimensioned to allow the first and second plungers to be fully retracted from the corresponding spacer spools of the first and second hydraulic cylinders.
Kumar discloses a first spacer frame connecting a cylinder housing and a spacer spool and wherein a length of each cylinder housing is dimensioned to allow each plunger to be fully retracted from the corresponding spacer spool of the first pair of hydraulic cylinders (see annotated Fig 2 herein).
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to dimension the cylinder housings of Gable as modified above to allow each plunger to be fully retracted from the corresponding spacer spool to gain the benefit of facilitating inspection and/or maintenance of the spacer spool.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 requires “a combined fluid port”. The only actual physical structure shown by applicant is in Fig 12 which appears to show the cylinder ports separated by a structure where a connection line is bored through the structure. Schematic Figs 15A-15B shows a relief line 2016 and 0040 states “Although only one relief line 2016 is schematically shown, any number of fluid lines may be used to relieve operating fluid from each hydraulic cylinder 2001 and 2002 through the pump manifold 2006.” 0030 of applicant’s specification states “A fluid line/port 1099 (as shown in Figure 12) may be formed between each pair of hydraulic cylinders 1051 to provide fluid communication between the sealed fluid chambers 1083B on one side of the pistons 1082 formed within the cylinder housings 1080. The fluid line/port 1099 may be formed through the cylinder housings 1080, one or more flanged end connections 1085 of the cylinder housings 1080, and/or a support frame 1086 disposed between the cylinder housings 1080.” In the reply filed 8/14/2026, applicant argues: “Vasquez discloses fluid communication between chambers of separate hydraulic cylinders using a separately identified hydraulic line 20. However, Vasquez does not disclose a combined fluid port formed by the hydraulic cylinders.”. It appears applicant is arguing a line/port through a flanged end and also through a support frame would be considered a combined fluid port but a line connecting the ports would somehow not be considered a combined fluid port. This new terminology “combined fluid port” does not appear in the specification as filed and no specific explanation of this new terminology has been provided by applicant. Therefore, when read in light of the specification, the intended scope of this newly introduced terminology “combined fluid port” is unclear.
Claims 16 and 21-22 contain the same language and are therefore rejected for the same reason as claim 1.
Dependent claims are rejected based on their dependency to the claims rejected in detail above.
The claims will be examined as best understood under the broadest reasonable interpretation in light of the specification, and interpretations of the indefinite limitations will be provided as mappings to the disclosure of the prior art as indicated in the prior art rejections below as per MPEP 2173.06 I.
Allowable Subject Matter
Claim 23 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 8/14/2026 have been fully considered but they are not persuasive.
Applicant bases arguments on the limitation “a combined fluid port”. The only actual physical structure shown by applicant is in Fig 12 which appears to show the cylinder ports separated by a structure where a connection line is bored through the structure. Schematic Figs 15A-15B shows a relief line 2016 and 0040 states “Although only one relief line 2016 is schematically shown, any number of fluid lines may be used to relieve operating fluid from each hydraulic cylinder 2001 and 2002 through the pump manifold 2006.” 0030 of applicant’s specification states “A fluid line/port 1099 (as shown in Figure 12) may be formed between each pair of hydraulic cylinders 1051 to provide fluid communication between the sealed fluid chambers 1083B on one side of the pistons 1082 formed within the cylinder housings 1080. The fluid line/port 1099 may be formed through the cylinder housings 1080, one or more flanged end connections 1085 of the cylinder housings 1080, and/or a support frame 1086 disposed between the cylinder housings 1080.” In the reply filed 8/14/2026, applicant argues: “Vasquez discloses fluid communication between chambers of separate hydraulic cylinders using a separately identified hydraulic line 20. However, Vasquez does not disclose a combined fluid port formed by the hydraulic cylinders.”. It appears applicant is arguing a line/port through a flanged end and also through a support frame would be considered a combined fluid port but a line connecting the ports would somehow not be considered a combined fluid port. This new terminology “combined fluid port” does not appear in the specification as filed and no specific explanation of this new terminology has been provided by applicant. Therefore, when read in light of the specification, the intended scope of this newly introduced terminology “combined fluid port” is unclear.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 THOMAS ANDREW FINK whose telephone number is (571)270-3373. The examiner can normally be reached on M-W 9-7.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached on (571) 270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4373.
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/Thomas Fink/Primary Examiner, Art Unit 3746
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