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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 20 April 2026 has been entered.
Claims 1-16 are pending in the application. Claim 1 has been amended.
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.
Claims 1, 2, 4-10, and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Ahmad et al. (International Patent Application Publication No. WO 2013/178256)1 in view of Klepacki et al. (U. S. Patent Application Publication No. 2022/0376546) and Gelonese (U. S. Patent Application Publication No. 2016/0099571).
As to claim 1, Ahmad et al. discloses a low carbon emission combustible fuel gas compression station 100 connected to a gas handling system and a pipeline 110 containing combustible fuel gas to an external electric grid 200 (FIG.’s 1-3, Abstract), wherein the gas compression station 100 and comprises at least one electric motor driven compressor 10 (FIG.’s 1-3, p. 5, ll. 13-36) connected to the external electric grid 200 configured to compress the combustible fuel gas in the gas handling system and the pipeline 110 (normal operation), the station is configured to transmit power through the external electric grid 200 (Abstract, “[t]he power distribution means (15) is adapted to supply electrical power to the power grid (200) or to draw electrical power from the power grid (200“). However, Ahmad is silent as to the electric motor driven compressor is connected to connected to the external electric grid and energy storage devices connected to the external electric grid, the auxiliary energy sources and the energy storage devices being configured to transmit power through the external grid, and comprises a supervision system configured to operate in dual mode, the dual mode configured to operate by one or more of using power from the electric grid to compress the combustible fuel gas in the gas handling system and the pipeline and/or store energy into said energy storage devices; and/or using power from the auxiliary energy sources and/or stored energy to compress the combustible fuel gas in the gas handling system and the pipeline and/or to deliver energy to the electric grid. Ahmad is further silent as to the supervision system [being] in communication with each of the at least one electric motor driven compressor, the auxiliary energy sources, and the energy storage devices and configured to supervise and control each of the at least one electric motor driven compressor, the auxiliary energy sources, and the energy storage devices to manage availability of power to provide an uninterrupted supply of power to the at least one electric motor driven compressor.
To these points, Klepacki teaches a compression station 1 (FIG.’s 1-3C, Abstract, para. 0039, power generation system providing compressed air) connected to a gas handling system (para. 0060, pneumatic devices supplied by compressor 46 form recited gas handling system) and to an external electric grid (para. 0046, “a backup alternating current (“AC”) source including, but not limited to, a generator or utility power connection,“ a utility power connection is an external electric grid) the gas compression station 1 includes an electric motor driven compressor 46 (FIG.’s 1 & 2, para. 0046 & 0059) connected to auxiliary energy sources 12 (FIG. 2B, para. 0045, photovoltaic module) and energy storage devices 20 (Id., one or more batteries), and is configured to operate in dual mode, configured to operate by one or more of using power from the electric grid (para. 0046) to compress gas in the gas handling system and/or store energy into said energy storage devices 12 (para. 0051-0053 & 0058, describing operations using bi-directional inverter 26 for charging batteries or operating the load and AC and DC power distribution systems) or using auxiliary energy sources 12 and/or stored energy to compress gas in the gas handling system, Id. Klepacki further teaches a supervision system 18, 26, 60 (FIG. 1, para.’s 0046, 0051 & 0066, inter alia, formed by power battery charge controller 18, inverter 26 and PLC 60) in communication with each of the at least one electric motor driven compressor 46, the auxiliary energy sources 12, and the energy storage devices 20 and configured to supervise and control each of the at least one electric motor driven compressor 46, the auxiliary energy sources 12, and the energy storage devices 20 to manage availability of power to provide an uninterrupted supply of power to the at least one electric motor driven compressor (para. 0046, inter alia, “the battery charge controller (18) may regulate the voltage, current, or both being delivered to the battery (20) of an uninterruptible power supply (“UPS”)”; see also para. 0053, “[o]nce the battery (20) has been fully charged, the generator (22) is turned off and the load switches to run off the battery (20) through the power inverter (26) … [t]he power inverter (26) can qualify and switch loads within one half cycle to ensure a smooth and uninterrupted transition from the battery (20) to the generator 22“).
With this in mind, it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to modify Ahmad so that the electric motor driven compressor is additionally connected to auxiliary energy sources and storage devices with the system configured to operate in a dual mode using power from the electric grid or store energy that is controlled by a supervision system in the manner claimed in order to efficiently operate the compressor in an off-grid location, or location with intermittent electrical utility service, such as a well-site__providing uninterruptable power supply (UPS) and remote power generation using photovoltaics and batteries as taught by Klepacki (para.’s 0007 & 0010-0012, inter alia).
Although Ahmad generally indicates that its compression station is configured to transmit power through the external electric grid 200, supra., the applied art is silent as to the auxiliary energy sources and the energy storage devices being configured to transmit power through the external grid specifically. In this regard, Gelonese teaches a power allocation system using solar power 210 and batteries 211 to power accessories such as a HVAC system, pool pump or other appliance with a hub controller 205 configured to transmit and receive power to/from an electric grid 201 (FIG. 1, para.’s 0039 & 0046, inter alia). Managing power from an electrical utility grid and different electrical sources such as solar panel and batteries is analogously in the same problem domain as the inventors of the instant invention. With this in mind, it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to adapt the applied art so that their auxiliary energy sources and storage devices are configured to transmit power to the external electric grid in order to provide excess electrical energy back to the utility grid as taught by Gelonese, Id.
As to claim 2, once modified, Klepacki further teaches the supervision system 18, 26, 60 is configured to balance different sources and loads, depending on available storage capacity and auxiliary energy sources capability (para. 0053, inter alia, describing power inverter operations that function to balance different sources and loads in the manner claimed).
As to claim 4, Ahmad further discloses said gas handling system comprises compression, transport, injection and storage apparatuses (FIG.’s 1-3, p. 5, ll. 10-20), pipeline is a transport apparatus).
As to claim 5, once modified, Klepacki further teaches said auxiliary energy sources 12 comprise one or more of power generation islands, renewable sources 14, (para. 0045, photovoltaic cells), fuel cells and energy storage.
As to claim 6, Klepacki is silent as to said power generation islands comprise one or more gas turbines. Klepacki does disclose using a back-up generator 22 powered by an internal combustion engine 24 (para. 0046). A gas turbine is a conventional prime mover power source similar to an internal combustion engine. With this in mind, the Examiner takes Official Notice that it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to replace the internal combustion engine of Klepacki with a gas turbine__a prime mover power source known to provide predictable back-up power with expected results. The use of a gas turbine in the combination of Klepacki is considered a simple substitution of one known prime mover power source for that of another. Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). MPEP 2143(I)B.2
As to claim 7, once modified, Klepacki further teaches said renewable sources comprise solar panels 14 (para. 0045, photovoltaic cells 14) or wind turbines.
As to claim 8, once modified, Klepacki further teaches said energy storage devices 20 comprise a battery pack (or BESS) (para. 0045, one or more batteries 20), H2 storage systems, liquid air energy storage devices (LAES) and compressed air energy storage devices (CAES).
As to claims 9, 10 and 12-16, the applied art is discussed above but is silent as to an emergency power generation system [being] present. In this regard, providing a standby or back up electrical generator in industrial plants or utility installations is well known as a last resort power option in the event of a catastrophic system failure.3 With this in mind, the Examiner takes Official Notice that it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to provide an emergency power generation system in the form of an additional standby or back-up generator in order to provide an emergency electrical power source in the event of system failures as a matter of common engineering knowledge.
Claims 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Ahmad et al. (International Patent Application Publication No. WO 2013/178256) in view of Klepacki et al. (U. S. Patent Application Publication No. 2022/0376546) and Gelonese (U. S. Patent Application Publication No. 2016/0099571) as applied to claim 2 above, further in view of Palmer et al. (U. S Patent Application Publication No. 2013/0300194).
As to claim 3, the applied art is discussed above but is silent as to the supervision system is configured to balance different sources and loads, depending also on gas and/or energy cost. To this point, Palmer teaches an electrical system supply controller 112 configured to supply power from an electrical grid 102, 110 or auxiliar energy storage devices 124 to load 108 (FIG.’s 1-4, para.’s 0047 & 0054, inter alia). with the system is configured to balance different sources and loads, depending also on gas and/or energy cost para. 0083, “… the capacity of the network … regarding the timing of peak and off peak demand on the network and the associated price of electricity”). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to modify the system to balance the loads depending on cost in order to use the least expensive energy source available as a matter of common sense.
As to claim 11, the applied art is discussed above but is silent as to an emergency power generation system [being] present. In this regard, providing a standby or back up electrical generator in industrial plants or utility installations is well known as a last resort power option in the event of a catastrophic system failure.4 With this in mind, the Examiner takes Official Notice that it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant application to provide an emergency power generation system in the form of an additional standby or back-up generator in order to provide an emergency electrical power source in the event of system failures as a matter of common engineering knowledge.
Response to Arguments
Applicant’s arguments with respect the 35 U.S.C. 103 rejections of the claims over Noccioni and Palmer have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant’s claim amendments have necessitated new grounds of rejection over Ahmad and newly found art to Klepacki and Gelonese.
Applicant argues on pp. 7-8 of the response that “Ahmad does not disclose teach or suggest the power grid 200 is external to the compressor station 100.” The Examiner disagrees. Applicant is using an overly narrow and unfounded interpretation of the word external. Ahmad’s compressor 10, part of a compressor station, is connected to power grid 200. This connection is external to the compressor under the broadest reasonable interpretation of the term. There is no difference in this regard because any utility power connection can be considered external to the compressor and compressor station since it is a separate and distinct element. This argument is not persuasive.
Applicant has not presented any substantive arguments with regard to the rejections of the dependent claims over the art of record including the combinations of proposed modification, rationale, or motivations to make those combinations. Applicant simply asserts that they are allowable for the same reasons made for the independent claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH J HANSEN whose telephone number is (571)272-6780. The examiner can normally be reached Monday Friday 7:00 AM to 4:00 PM (MT).
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/KENNETH J HANSEN/Primary Examiner, Art Unit 3746
1 Reference cited in the ISR as provided in the IDS filed with the application,
2 Applicant claims a combination that only unites old elements with no change in the respective functions of those old elements, and the combination of those elements yields predictable results; absent evidence that the modifications necessary to effect the combination of elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d at 1518-19 (BPAI, 2007) (citing KSR, 127 S.Ct. at 1740, 82 USPQ2d at 1396. Accordingly, since the applicant[s] have submitted no persuasive evidence that the combination of the above elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a) because it is no more than the predictable use of prior art elements according to their established functions resulting in the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement.
3 Refer to https://en.wikipedia.org/wiki/Standby_generator.
4 Ibid.
Prosecution Insights