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 .
Response to Arguments
Applicant's arguments filed on 6/25/26 have been fully considered but they are not persuasive.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references (i.e. the primary reference Liu discloses a different solution to that claimed invention). Applicant has failed to establish what is different from the structure of the claimed language (the fact its function of the prior art is different is irrelevant).
Applicant also argues that the LIU reference fails to disclose the use of the directional control valve as recited in claim 35. Examiner is not persuaded as LIUs control valve appears to be identical to the valve in Applicants invention, containing a 2 position 4-way valve with a spring bias opposing the solenoid actuator. As such, Examiner maintains the prior art teaches the newly amended feature. Furthermore, as illustrated in LIU during a period of operation in which power is lost, Liu would be biased to what is now referred to as the second position and the actuators would be closed.
Applicant later argues that the energy accumulator 14 of Liu does not provide fluid to the hydraulic cylinders. Examiner does not see any recitation to such limitation in Applicant’s claim language. However, even should the claim language have recited such feature Examiner notes that the LIU does disclose the use of the high-pressure accumulator to act as the pump and therefore provide fluid to the actuators when the system is powered off accidentally or for cases of small leakage to maintain the current pressure state. See, the sixth to last paragraph in the translation: “When the motor 1 stops working or the system is powered off accidentally when the sudden force relay 13 gives a high-pressure signal, the motor 1 and the hydraulic pump 2 stop working, the energy accumulator 14 replaces the hydraulic pump 2 to compensate the small leakage amount of the system by using the stored pressure oil, and the hydraulic cylinder 10 is maintained in the current pressure state.” As such, Examiner is not persuaded.
Applicant finally argues that the combination of Liu with Ragnar would not be obvious because they are dealing with two different technical scenarios. However, Examiner respectfully disagrees with this assessment. Examiner believes it would be obvious given that both are subsea apparatuses and both are used within the subsea oil recovery field and as such both are in the same field of endeavor.
It is for these reasons the Examiner has maintained his rejection.
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.
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) 35-37,39-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu, Chinese Patent Publication 111197602 A (hereinafter “Liu”) in view of Ragnar, British Patent Publication GB2608418 A (hereinafter “Ragnar’).
In Reference to claim 35:
Liu discloses an actuator system for use with a safety critical valve, the actuator system comprising: a high-pressure accumulator (14) comprising a second energy store and a second hydraulic fluid chamber; a pump (2); a directional control valve (7) configured to automatically move from a first position to a second position on loss of a control signal or electrical power (via biasing of spring); an actuator (10) comprising a first port (10-a) for receiving high-pressure hydraulic fluid to open the actuator and a second port (10-b) for receiving high-pressure hydraulic fluid to close the actuator; a first hydraulic fluid connection between the pump (2) and the second hydraulic fluid chamber (14), a second hydraulic fluid connection between the first hydraulic fluid chamber and the directional control valve (conduit between reservoir/tank and valve for discharge), a third hydraulic fluid connection between the second hydraulic fluid chamber (14) and the directional control valve (7: port a); a fourth hydraulic fluid connection between the directional control valve (7: port C) and the first port of the actuator (10) and a fifth hydraulic fluid connection between the directional control valve (7:port D) and the second port of the actuator (10); wherein in the first position the directional control valve (7: Pos. 1) provides fluid communication between the second hydraulic fluid chamber (14) and the first port (10-a) and fluid communication between the first hydraulic fluid (reservoir/tank) chamber and the second port (10-b) and in the second position the directional control valve (7: Pos. 2) provides fluid communication between the second hydraulic fluid chamber(14) and the second port (10-b) and fluid communication between the first hydraulic fluid chamber (tank/reservoir) and the first port (10-a); wherein the pump(2) is configured to provide pressurized hydraulic fluid from the first hydraulic fluid chamber (tank/reservoir) to the second hydraulic fluid chamber (14) to recharge the high-pressure accumulator (14) such that if the control signal or electrical power is lost to the directional control valve in use, the directional control valve (7) will automatically move to the second position and high-pressure hydraulic fluid will be provided from the second hydraulic fluid chamber (14) to the second port (10-a) to close the actuator (10).
Liu fails to disclose a low-pressure accumulator comprising a first energy store and a first hydraulic fluid chamber is provided, instead utilizing a comparative alternative of a traditional low-pressure reservoir.
However, in the same field of endeavor, Ragnar discloses a subsea system which instead of a low-pressure reservoir utilizes a LP accumulator with a gas chamber to provide fluid to the pump for pressurization to an actuator.
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Liu with the teachings of Ragnar, specifically by replacing the reservoir/tank of Liu with a low-pressure accumulator that feeds the pump (as taught by Ragnar) because such a modification is a simple substitution of one known low pressure storage vessel for another providing the same predictable results of low-pressure fluid to a tank.
In Reference to Claim 36:
Liu discloses an actuator system for use with a safety critical valve, the actuator system comprising: a high-pressure accumulator (14) comprising a second energy store and a second hydraulic fluid chamber; a pump(2); a directional control valve (7) configured to automatically move from a first position to a second position on loss of a control signal or electrical power (via spring biasing); an actuator (10) comprising a first port (10-a) for receiving high-pressure hydraulic fluid to close the actuator and a second port (10-b) for receiving high-pressure hydraulic fluid to open the actuator;
a first hydraulic fluid connection between the pump (2) and the second hydraulic fluid chamber (14), a second hydraulic fluid connection between the first hydraulic fluid chamber (tank/reservoir) and the directional control valve (7) , a third hydraulic fluid connection between the second hydraulic fluid chamber (14) and the directional control valve (7) ; a fourth hydraulic fluid connection between the directional control valve (7) and the first port (10-a) of the actuator and a fifth hydraulic fluid connection between the directional control valve (7) and the second port (10-b) of the actuator; wherein
in the first position (Pos. 1) the directional control valve (7) provides fluid communication between the second hydraulic fluid chamber and the first port and fluid communication between the first hydraulic fluid chamber and the second port and
in the second position (Pos. 2) the directional control valve (7) provides fluid communication between the second hydraulic fluid chamber and the second port and fluid communication between the first hydraulic fluid chamber and the first port; wherein
the pump (2) is configured to provide pressurized hydraulic fluid from the first hydraulic fluid chamber to the second hydraulic fluid chamber to recharge the high-pressure accumulator such that if the control signal or electrical power is lost to the directional control valve in use, the directional control valve will automatically move to the first position and high-pressure hydraulic fluid will be provided from the second hydraulic fluid chamber to the second port to open the actuator (See, Figure 3
Liu fails to disclose a low-pressure accumulator comprising a first energy store and a first hydraulic fluid chamber is provided, instead utilizing a comparative alternative of a traditional low-pressure reservoir.
However, in the same field of endeavor, Ragnar discloses a subsea system which instead of a low-pressure reservoir utilizes a LP accumulator with a gas chamber to provide fluid to the pump for pressurization to an actuator.
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Liu with the teachings of Ragnar, specifically by replacing the reservoir/tank of Liu with a low-pressure accumulator that feeds the pump (as taught by Ragnar) because such a modification is a simple substitution of one known low pressure storage vessel for another providing the same predictable results of low-pressure fluid to a tank.
In Reference to claim 37:
Liu as modified further discloses wherein the system further comprises a sixth hydraulic fluid connection between the pump and the first hydraulic fluid chamber. See, Ragnar wherein the pump pressurized the fluid from the low-pressure accumulator and therefore there must be a connection between the two.
In Reference to Claim 39:
Liu further discloses a safety critical valve (7) configured to be moveable between an open position and a closed position; wherein the actuator is configured with the safety critical valve such that when the actuator is in the open position the safety critical valve is in the open position and when the actuator is in the closed position the safety critical valve is in the closed position. See, Liu Figure 2
In Reference to claim 40:
Liu as modified further discloses a method of configuring an actuator system such that the actuator system will provide fail-safe closing on loss of a control signal or electrical power, the method comprising the steps of: providing an actuator system according to claim 35; operating the pump (2) to pump pressurized hydraulic fluid from the first hydraulic fluid chamber (LP accumulator of Ragnar) to the second hydraulic fluid chamber to charge the high-pressure accumulator (14); and
moving the actuator (10) to the open position. See, Liu.
In Reference to claim 41:
Liu as modified further discloses a method of configuring an actuator system such that the actuator system will provide fail-safe closing on loss of a control signal or electrical power, the method comprising the steps of: providing an actuator system according to claim 35; operating the pump (2) to pump pressurized hydraulic fluid from the first hydraulic fluid chamber (LP accumulator of Ragnar) to the second hydraulic fluid chamber to charge the high-pressure accumulator (14); and moving the actuator to the closed position. See, Liu.
In Reference to Claim 42:
Liu as modified further discloses a method of operating an actuator system to provide fail-safe closing on loss of a control signal or electrical power, the method comprising the steps of: providing an actuator system according to claim 35; operating the pump (2) to pump pressurized hydraulic fluid from the first hydraulic fluid chamber (as taught by Ragnar – LP accumulator) to the second hydraulic fluid chamber to charge the high-pressure accumulator (14); moving the actuator (10) to the open position; and stopping providing electrical power or a control signal to the directional control valve (7) such that the actuator moves to the closed position automatically (via the biasing force on the control valve. See, Liu Paragraph [0048-0051]; Specifically [0051] which disclose that the piston rod stretched out for emergency cut off when there is failure or no electricity.
In Reference to Claim 43:
Liu as modified further discloses a method of operating an actuator system to provide fail-safe opening on loss of a control signal or electrical power, the method comprising the steps of: providing an actuator system according to claim 36; operating the pump (2) to pump pressurized hydraulic fluid from the first hydraulic fluid chamber (as modified by Ragnar to a LP accumulator) to the second hydraulic fluid chamber to charge the high-pressure accumulator (14);moving the actuator to the closed position; and stopping providing electrical power or a control signal to the directional control valve such that the actuator moves to the open position automatically.
Claim 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu, Chinese Patent Publication 111197602 A (hereinafter “Liu”) in view of Ragnar, British Patent Publication GB2608418 A (hereinafter “Ragnar’) in further view of Groben et al., German Patent Publication DE 102011009276 A1 (hereinafter “Groben”)
In Reference to Claim 38:
Liu as modified discloses all the limitations as set forth in claim 37, but fails to disclose wherein the low-pressure accumulator and the high-pressure accumulator are provided within a double piston accumulator.
However, in the same field of endeavor, subsea hydraulic components, Groben discloses a double piston accumulator wherein one chamber of the double piston accumulator (25) is for low pressure and the other chamber of the double piston accumulator is for high pressure (23).
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Liu such that the high pressure and low-pressure accumulator are housed within the same accumulator on opposite sides of double piston because as discussed by Groben such an accumulator has better reliability in subsea environments than the gas accumulators. In addition, such a modification would provide the additional benefit of reducing the special requirement needed by having separate high- and low-pressure accumulators.
Claims 44-47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu, Chinese Patent Publication 111197602 A (hereinafter “Liu”) in view of Ragnar, British Patent Publication GB2608418 A (hereinafter “Ragnar’) in further view of Zhang et al., Chinese Patent Publication CN204828870U (hereinafter “Zhang”).
In Reference to Claim 44-47:
Liu as modified discloses all the limitations of claim 35, but fails to disclose providing a safety critical valve system, comprising: a safety critical valve configured to be moveable between an open position and a closed position; wherein the actuator is configured with the safety critical valve such that when the actuator is in the open position the safety critical valve is in the open position and when the actuator is in the closed position the safety critical valve is in the closed position.
However, in the same field of endeavor, hydraulic circuits designed for power failure, Zhang discloses a hydraulic circuit wherein the actuator is responsible for opening and closing a respective safety gate valve. See, Figure 1 and Abstract.
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to further modify Liu such that the actuators of Liu are responsible for controlling a gate valve as taught by Zhang instead of the actuator providing the clamping function in Liu because such a modification is well known in the field of endeavor to use double sided hydraulic actuators to actuate a valve.
Allowable Subject Matter
Claim 48-53 are allowed. Claims 48-53 disclose a kit assembly used to retrofit a pre-existing actuator system with a safety valve. Examiner could not find any prior art which discloses retrofitting as required by the last paragraph in each of the respective kit claims and Examiner does not believe it would be obvious to a person having ordinary skill in the art to modify an actuator system in such a fashion.
.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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S. COLLINS whose telephone number is (313)446-6535. The examiner can normally be reached M-TH 8:00-5:30.
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, Nathaniel Wiehe can be reached at (571) 272-4648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL S COLLINS/ Examiner, Art Unit 3745
/NATHANIEL E WIEHE/ Supervisory Patent Examiner, Art Unit 3745
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