Prosecution Insights
Last updated: April 19, 2026
Application No. 18/841,572

APPARATUS AND METHOD FOR THREE-PHASE SEPARATION AT A WELL

Final Rejection §103
Filed
Aug 26, 2024
Examiner
WALLACE, KIPP CHARLES
Art Unit
3674
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Cnx Resources Corporation
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
717 granted / 914 resolved
+26.4% vs TC avg
Strong +25% interview lift
Without
With
+25.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
24 currently pending
Career history
938
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
54.0%
+14.0% vs TC avg
§102
29.2%
-10.8% vs TC avg
§112
11.5%
-28.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 914 resolved cases

Office Action

§103
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 . Election/Restrictions Newly submitted claims 1 and 16 are directed to an invention that lacks unity with the invention originally claimed for the following reasons: these claims have removed all details regarding the sensors and valves and controlling liquid levels in the separator and replaced these with limitations relating to the pressure of fluid exiting the separator, an expander, and an electrical generation system which renders the newly amended claims as part of a separate group aimed at power generation as shown in figs. 18-20 rather than the specifics of the separation as shown in figs. 2-15. The only special technical feature linking the previous claims 1 and 16 to the newly amended claims are a separator having a vessel, an inlet, and an outlet and directing gas out of the separator at substantially the same pressure as it entered which does not make a contribution over the prior art as taught by Black (US 20160129371 A1, discussed in NF rejection mailed 09/22/2025) and US 4645522 A (col 1 ll. 57-67, also teaching generating power with an expander using the high pressure gas from the separator at the claimed pressure as newly claimed). Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 1, 5-13, 16, 18, 19, and 21-24 are withdrawn from consideration as being directed to a nonelected invention. See 37 CFR 1.142(b) and MPEP § 821.03. To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention. Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention. Conclusion THIS ACTION IS MADE FINAL. 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. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. As previously mentioned, US 4645522 A (col 1 ll. 57-67) discloses fluid entering the separator at high pressure (above 1500 psi), discharging the gases to an expander, and generating energy with the expander (col 1 ll. 57-67), which is obviously modifiable to be used to generate electricity instead of or in conjunction with powering the compressor as claimed. US 20210140684 A1 also discloses passing high pressure fluid straight from a well to a separator (pgph. 27, 300 bar being well over 1500 psi) and using the gas to generate electricity via an expander (pgph. 30). Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIPP CHARLES WALLACE whose telephone number is (571)270-1162. The examiner can normally be reached Monday - Friday 12:00 PM - 8:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at (571) 272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KIPP C WALLACE/Primary Examiner, Art Unit 3674 03/26/2026
Read full office action

Prosecution Timeline

Aug 26, 2024
Application Filed
Sep 17, 2025
Non-Final Rejection — §103
Dec 22, 2025
Response Filed
Mar 26, 2026
Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12595707
SUB-ASSEMBLY, ROCK DRILLING RIG, AND METHOD OF ABSORBING VIBRATIONS IN DRILLING
2y 5m to grant Granted Apr 07, 2026
Patent 12595728
PACK OFF INDICATOR FOR A WELLBORE OPERATION
2y 5m to grant Granted Apr 07, 2026
Patent 12590495
RETROFITTING EXISTING RIG HARDWARE AND PERFORMING BIT FORENSIC FOR DULL BIT GRADING THROUGH SOFTWARE
2y 5m to grant Granted Mar 31, 2026
Patent 12590502
AUTOMATIC SETTING SUPPORT FOR A SLIP HANGER
2y 5m to grant Granted Mar 31, 2026
Patent 12572986
SYSTEMS AND METHODS FOR DRILLING A WELL
2y 5m to grant Granted Mar 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+25.2%)
2y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 914 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month