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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim recites a “computer program comprising computer program code configured, when executed by a data processing system, to cause the data processing system to perform the steps of the method according to claim 1” which is directed to non-statutory subject matter, i.e., a data signal per se. See, e.g., ¶ [0078], which states the “computer program may be stored on a computer-readable storage medium, in particular a non-transient storage medium, or embodied as a data signal.” See MPEP 2106.03 “the BRI of machine readable media can encompass non-statutory transitory forms of signal transmission, such as a propagating electrical or electromagnetic signal per se. See In re Nuijten, 500 F.3d 1346, 84 USPQ2d 1495 (Fed. Cir. 2007). When the BRI encompasses transitory forms of signal transmission, a rejection under 35 U.S.C. 101 as failing to claim statutory subject matter would be appropriate.”
Claim Rejections - 35 USC § 102/103
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 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.
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) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US 20170003200 to McDowell.
Regarding Claim 1, McDowell discloses a method for detecting leakage in a fluid system (Figs. 1-6, system and method for detecting occurrence of destabilizing events (leaks) in one or more pipeline networks; ¶¶ [0047]-[0051]), comprising: a) receiving a plurality of measured pressure values of a fluid pressure in the fluid system measured at different points in time (Figs. 1-6, control center 126 with RTO 210 and SCADA 204 to monitor and control equipment and pressure sensors 112a-112n in pipeline network 100; ¶¶ [0047]-[0053], [0084]-[0097]); b) computing, from the received pressure values, a first pressure gradient indicative of a gradient of the measured pressure values at a first point in time (Figs. 1-6, RTO 210 and SCADA 204 computing pressure decal/slope (gradient) in Phases 1 or 2; ¶¶ [0084], [0097]-[0107]); c) computing, from the received pressure values, a second pressure gradient indicative of a gradient of the measured pressure values at a second point in time, later than the first point in time, wherein the fluid pressure in the fluid system at the first point in time is higher than the fluid pressure in the fluid system at the second point in time (Figs. 1-6, RTO 210 and SCADA 204 computing pressure decal/slope (gradient) in Phases 2 or 3; ¶¶ [0084], [0097]-[0108]); d) comparing the magnitude of the second pressure gradient, which second pressure gradient is indicative of the gradient of the measured pressure values at the second point in time, with the magnitude of the first pressure gradient, which first pressure gradient is indicative of the gradient of the measured pressure values at the first point in time (Figs. 1-6, RTO 210 and SCADA 204 comparing pressure decal/slope (gradient) in Phases 1, 2 or 3; ¶¶ [0083]-[0084], [0097]-[0108]); and detecting presence of leakage responsive to the magnitude of the second pressure gradient being smaller than the magnitude of the first pressure gradient (Figs. 1-6, RTO 210 and SCADA 204 detecting ;leak/rupture, “The slope prior to the pressure wave 301 is compared with the slope after the pressure wave 301. If the slope has decreased by a value greater than that of a pre-configured parameter, the trend of the pressure has changed as a result of the pressure wave 301, and this information corroborates the possibility of a rupture 300”; ¶¶ [0083]-[0084], [0097]-[0108]).
Regarding Claim 2, McDowell discloses the fluid system comprises a pump configured to increase the fluid pressure in the fluid system, wherein the pump is controllable to selectively start and stop pump operation (Figs. 1-6, pumps 110a-110n; ¶¶ [0047]-[0051]), and wherein the first point in time is selected as a point in time subsequent to a stop of the pump operation of the pump (Figs. 1-6, RTO 210 and SCADA 204 to monitor pressure sensors 112a-112n after pump shutdown; ¶¶ [0047]-[0053], [0097]-[0108]).
Regarding Claim 3, McDowell discloses the second point in time is selected as a point in time prior to a start of pump operation of the pump and/or to a time of a detected increase in fluid pressure (Figs. 1-6, RTO 210 and SCADA 204 to monitor pressure sensors 112a-112n prior to pump startup/restart; ¶¶ [0015], [0064]-[0066], [0097]-[0108], [0132]).
Regarding Claim 4, McDowell discloses a method for detecting leakage in a fluid system (Figs. 1-6, system and method for detecting occurrence of destabilizing events (leaks) in one or more pipeline networks; ¶¶ [0047]-[0051]), the fluid system comprising a pump configured to increase the fluid pressure in the fluid system, wherein the pump is controllable to selectively start and stop pump operation (Figs. 1-6, pumps 110a-110n; ¶¶ [0047]-[0051]), wherein the method comprises: a) receiving a plurality of measured pressure values of a fluid pressure in the fluid system measured at different points in time (Figs. 1-6, control center 126 with RTO 210 and SCADA 204 to monitor and control equipment and pressure sensors 112a-112n in pipeline network 100; ¶¶ [0047]-[0053], [0084]-[0097]); b) detecting a start time at which the pump starts a pump operation (Figs. 1-6, RTO 210 and SCADA 204 to monitor pressure sensors 112a-112n after pump shutdown; ¶¶ [0047]-[0053], [0097]-[0108]), and computing, from the received pressure values, a first pressure gradient indicative of a gradient of the measured pressure values at a first point in time prior to the detected start time (Figs. 1-6, RTO 210 and SCADA 204 computing pressure decal/slope (gradient) in Phases 2 or 3; ¶¶ [0084], [0097]-[0108]); c) detecting a stop time at which the pump stops a pump operation, the stop time being subsequent to the detected start time (Figs. 1-6, RTO 210 and SCADA 204 to monitor pressure sensors 112a-112n after pump shutdown; ¶¶ [0047]-[0053], [0097]-[0108]), and computing, from the received pressure values, a second pressure gradient indicative of a gradient of the measured pressure values at a second point in time subsequent to the detected stop time (Figs. 1-6, RTO 210 and SCADA 204 computing pressure decal/slope (gradient) in Phases 1 or 2; ¶¶ [0084], [0097]-[0107]); d) detecting presence of leakage from at least a comparison of the computed first and second pressure gradients with each other (Figs. 1-6, RTO 210 and SCADA 204 detecting leak/rupture based on comparing slopes in phases 1, 2 and/or 3, “The slope prior to the pressure wave 301 is compared with the slope after the pressure wave 301. If the slope has decreased by a value greater than that of a pre-configured parameter, the trend of the pressure has changed as a result of the pressure wave 301, and this information corroborates the possibility of a rupture 300”; ¶¶ [0083]-[0084], [0097]-[0108])..
Regarding Claim 5, McDowell discloses monitoring the fluid pressure to detect at least one temporary pressure increase selecting the first point in time as a time later than a detected end of one of the detected at least one temporary pressure increase (Figs. 1-6 and 16-17, RTO 210 and SCADA 204 to monitor pressure sensors 112a-112n with pressure fluctuations before and after pump shutdown; ¶¶ [0047]-[0053], [0083]-[0084], [0097]-[0108], [0127]), and selecting the second point in time as a time prior to a detected onset of one of the at least one detected temporary pressure increase (Figs. 1-6 and 16-17, RTO 210 and SCADA 204 to monitor pressure sensors 112a-112n before and after pump startup; ¶¶ [0047]-[0053], [0083]-[0084], [0097]-[0108], [0127]).
Regarding Claim 6, McDowell discloses e) computing a current leakage rate and/or a current leakage amount at least from one of the first and second pressure gradients (Figs. 1-6, RTO 210 and SCADA 204 detecting leak/rupture based on comparing slopes in phases 1, 2 and/or 3 and line balance divergence; ¶¶ [0083]-[0087], [0097]-[0108], [0151]).
Regarding Claim 7, McDowell discloses monitoring the fluid pressure during a time period between the first and second points in time, responsive to detecting a temporary pressure increase during said time period between the first and second points in time (Figs. 1-6 and 16-17, RTO 210 and SCADA 204 to monitor pressure sensors 112a-112n during idle mode with pressure fluctuations; ¶¶ [0047]-[0053], [0083]-[0084], [0097]-[0108], [0123]-[0127]), computing a modified current leakage rate and/or a modified current leakage amount to compensate for the detected temporary pressure increase (Figs. 1-6, RTO 210 and SCADA 204 detecting leak/rupture based on comparing slopes in phases 1, 2 and/or 3 and line balance divergence; ¶¶ [0083]-[0087], [0097]-[0108], [0127], [0151]).
Regarding Claim 8, McDowell discloses issuing a notification to a user responsive to the current leakage rate and/or responsive to the current leakage amount (Figs. 1-6, RTO 210 and SCADA 204 reporting leak/rupture based on comparing slopes in phases 1, 2 and/or 3 and line balance divergence; ¶¶ [0061], [0083]-[0088], [0094], [0151]).
Regarding Claim 9, McDowell discloses repeating at least steps b) through e) in respect of respective first and second time intervals to compute respective current leakage rates and/or respective current leakage amounts associated with respective time intervals (Figs. 1-6, RTO 210 and SCADA 204 repeating leak/rupture analysis based on comparing slopes in phases 1, 2 and/or 3 and line balance divergence; ¶¶ [0061], [0083]-[0088], [0092]-[0094], [0151]), computing an aggregated leakage rate and/or an aggregated leakage amount from the respective current leakage rates and/or from the respective current leakage amounts (Figs. 1-6, RTO 210 and SCADA 204 computing moving average of leak/rupture rate/amount based on comparing slopes in phases 1, 2 and/or 3 and line balance divergence; ¶¶ [0061], [0083]-[0088], [0092]-[0094], [0124]-[0131], [0151]).
Regarding Claim 10, McDowell discloses a data processing system configured to perform the steps of the method defined in claim 1 (Figs. 1-6, processor based devices, such as remote monitoring devices 120, 121 and 122a-122n; ¶¶ [0050]-[0055]).
Regarding Claim 11, McDowell discloses a pump for use in a fluid system, the pump comprising a processing unit (200) configured to control operation of the pump; wherein the processing unit is further configured to perform the steps of the method defined in claim 1 (Figs. 1-6, pumps 110a-110n with processor based devices, such as remote monitoring devices 120, 121 and 122a-122n; ¶¶ [0047]-[0055]).
Regarding Claim 12, McDowell discloses a pump according to claim 11, further comprising a pressure sensor configured to measure pressure values, and wherein the processing unit is configured to receive the measured pressure values from the pump (Figs. 1-6, pumps 110a-110n with pressure sensors 112a-112n and processor based devices, such as remote monitoring devices 120, 121 and 122a-122n; ¶¶ [0047]-[0055]).
Regarding Claim 13, McDowell discloses a non-return valve (113) at an inlet (111) of the pump (Figs. 1-6 and 14, check valve at each monitored pressure transducer (inlet to pumps 110a-110n; ¶¶ [0047]-[0055], [0124], [0133]).
Regarding Claim 14, McDowell discloses a communications interface for wired or wireless communication with a remote data processing system wherein the pump is configured to communicate measured pressure values and or computed leakage rates and/or amounts to the remote data processing system and/or wherein the pump is configured to receive configuration data from the remote data processing system (Figs. 1-6 remote devices 120, 121 and 122a-122n interact with other devices that may be located at one or more control centers 126 via the network 124; ¶¶ [0050]-[0056]).
Regarding Claim 15, McDowell discloses a fluid system (10) comprising a pressure sensor (400) and a data processing system communicatively coupled to the pressure sensor; wherein the data processing system is configured to perform the steps of the method defined in claim 1 (Figs. 1-6, pipeline network 100 with pumps 110a-110n, pressure sensors 112a-112n and processor based devices, such as remote monitoring devices 120, 121 and 122a-122n; ¶¶ [0047]-[0055]).
Regarding Claim 16, McDowell discloses a computer program comprising computer program code configured, when executed by a data processing system, to cause the data processing system to perform the steps of the method according to claim 1 (Figs. 1-6, processor based devices, such as remote monitoring devices 120, 121 and 122a-122n with SCADA application 204 and RTO 210 that includes one or more software programs, routines, sets of instructions and/or code to manage the operation of the pipeline network 100; ¶¶ [0050]-[0061]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J BOLDUC whose telephone number is (571)270-1602. The examiner can normally be reached M-F, 10am-6pm.
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, Walter Lindsay, Jr. can be reached at (571) 272-1672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J BOLDUC/Primary Examiner, Art Unit 2852
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