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 .
Response to Amendment
The amendment to the claims filed on 9/25/2026 has been entered into the record. Claims 1 and 2 are amended.
Claim Rejections - 35 USC § 102
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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koehler et al. (10,302,177 B2), hereafter referred to as Koehler.
Consider claim 1. Koehler teaches an apparatus for distributing material into a tub, the apparatus comprising: one or more surfaces (14, 16) configured to rotate about a vertical axis (via 22), the surfaces being located between a material source (12) and a reservoir of the tub (44), the surfaces collectively configured during rotation to interrupt material falling from the material source and to direct the material into the reservoir with an altered trajectory (via 86); wherein the surfaces include a plurality of radially extending partitions or fins (90) which direct at least a portion of the material along a portion of the altered trajectory. Koehler’s apparatus is capable of distributing proppant into a blender tub of hydraulic fracturing equipment. Please see MPEP 2115 regarding material worked upon by an apparatus and MPEP 2114 regarding functional limitations in apparatus claims.
Consider claim 2. Koehler teaches that the surfaces include a circumferentially extending outer wall (14), and a plurality of sector plates (upwardly-angled portions of 86; see fig. 11), the surfaces collectively defining a plurality of respective sectors (86) and a plurality of apertures (apertures defined by 14 and 86) through which the material is directed into the reservoir.
Consider claim 3. Koehler teaches that at least one of the apertures is adjustable (via 20).
Consider claim 4. Koehler teaches that the partitions are vertical or oriented at an angle of greater than 45 degrees (see fig. 11).
Consider claim 5. Koehler teaches that the surfaces include one or more plates (86) for accumulating material, and one or more apertures (apertures defined by 14 and 86) in or proximate to the surfaces through which the material is directed into the reservoir.
Consider claim 6. Koehler teaches that the surfaces include one or more protrusions or walls (90), the protrusions or walls impeding, redirecting, or both impeding and redirecting flow of the material.
Consider claim 7. Koehler teaches that the surfaces include at least one bottom surface (generally horizontal surface of 86) extending generally horizontally and outwardly from the vertical axis, the at least one bottom surface defining, on its own or in cooperation with another one or more of the surfaces, one or more holes, apertures or gaps allowing downward passage of the material (gap between 14 and 86).
Consider claim 8. Koehler teaches that the surfaces include one or more fins, walls or partitions (90) extending upward from the at least one bottom surface and configured to impede or redirect flow of the material when supported on the at least one bottom surface.
Consider claim 9. Koehler teaches that the one or more holes, apertures or gaps are oriented to allow the material to fall directly downward or to allow the material to flow horizontally off of an edge of the at least one bottom surface to then fall downward (off of the outermost edge of 86).
Consider claim 10. Koehler teaches that the surfaces include two or more surfaces (14 and 86), the two or more surfaces defining at least one gap therebetween (gap defined by 14 and 86), the gap allowing horizontal or downward passage of the material.
Consider claim 11. Koehler teaches that the at least one gap is adjustable by repositioning of the two or more surfaces relative to one another (via 20).
Consider claim 12. Koehler teaches that the surfaces include two or more bottom surfaces (spokes of 14, see fig. 8) extending generally horizontally and outwardly from the vertical axis, the two or more bottom surfaces defining at least one gap therebetween, the gap allowing downward passage of the material.
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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Sharp (US 2023/0033222 A1) in view of Koehler (10,302,177 B2).
Consider claim 13. Sharp teaches a blender or blender tub (111) of hydraulic fracturing equipment, but does not explicitly teach the apparatus of claim 1. Koehler teaches the apparatus of claim 1 (see prior art rejection of claim 1 above). It would have been obvious to a person having ordinary skill in the art to modify Sharp’s blender tub with an apparatus as taught by Koehler in order to evenly distribute proppant into the blender tub to aid in mixing.
Response to Arguments
Applicant’s arguments with respect to claim 1 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.
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 JONATHAN D SNELTING whose telephone number is (571)270-7015. The examiner can normally be reached Monday-Friday, 8:00-4:30 EST.
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/JONATHAN SNELTING/Primary Examiner, Art Unit 3652
