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 .
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 Munroe (US 6,375,035 B1).
Consider claim 1. Munroe teaches an apparatus for distributing material into a tub, the apparatus comprising: one or more surfaces (32) configured to rotate about a vertical axis (30), the surfaces being located between a material source (12) and a reservoir (below 32) of the tub, 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. Munroe’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. Munroe teaches that the surfaces include a plurality of radially extending partitions (vertical surfaces of each finger 35), a circumferentially extending outer wall (37), and a plurality of sector plates (upward-facing surfaces of each finger 35), the surfaces collectively defining a plurality of respective sectors and a plurality of apertures (gaps between 35) through which the material is directed into the reservoir (see fig. 2).
Consider claim 3. Munroe teaches that at least one of the apertures is adjustable (see column 3, lines 59-63).
Consider claim 4. Munroe teaches that the partitions are vertical or oriented at an angle of greater than 45 degrees (see fig. 2).
Consider claim 5. Munroe teaches that the surfaces include one or more plates (upward-facing surfaces of each finger 35) for accumulating material, and one or more apertures (gaps between 35) in or proximate to the surfaces through which the material is directed into the reservoir (see fig. 2).
Consider claim 6. Munroe teaches that the surfaces include one or more protrusions or walls (upward-facing surfaces of each finger 35), the protrusions or walls impeding, redirecting, or both impeding and redirecting flow of the material.
Consider claim 7. Munroe teaches that the surfaces include at least one bottom surface (downward-facing surface of 39) 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 (35), one or more holes, apertures or gaps (gaps between 35) allowing downward passage of the material.
Consider claim 8. Munroe teaches that the surfaces include one or more fins, walls or partitions (vertical surfaces of each finger 35) 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. Munroe 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 (see fig. 2).
Consider claim 10. Munroe teaches that the surfaces include two or more surfaces (upward-facing surfaces of each finger 35), the two or more surfaces defining at least one gap (gaps between 35) therebetween, the gap allowing horizontal or downward passage of the material (see fig. 2).
Consider claim 11. Munroe teaches that the at least one gap is adjustable by repositioning of the two or more surfaces relative to one another (see column 3, lines 59-63).
Consider claim 12. Munroe teaches that the surfaces include two or more bottom surfaces (downward-facing surfaces of 39 and 35) extending generally horizontally and outwardly from the vertical axis, the two or more bottom surfaces defining at least one gap (gaps between 35) therebetween, the gap allowing downward passage of the material (see fig. 2).
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 et al. (US 2023/0033222 A1), hereafter referred to as Sharp, in view of Munroe (US 6,375,035 B1).
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. Munroe 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 Munroe in order to evenly distribute proppant into the blender tub to aid in mixing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The attached PTO-892 lists references which teach various devices for distributing bulk material into a reservoir.
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.
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, Saul Rodriguez can be reached at (571)272-7097. 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.
/JONATHAN SNELTING/Primary Examiner, Art Unit 3652
Prosecution Insights