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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 1, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 16, 17, 18, 18, and 19, respectively of U.S. Patent No. 11,794,153. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 1, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 16, 17, 18, 18, and 19 of U.S. Patent No. 11,794,153 “anticipate” Application claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22, respectively. Accordingly, Application claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 are not patentably distinct from Patent claims 1, 1, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 16, 17, 18, 18, and 19, respectively.
Here, Patent claim 1 requires:
A controller for an in-line mixing system for admixing liquids from a plurality of sets of tanks into a single pipeline, the controller comprising:
a first input in signal communication with a first meter to measure a first flow rate of a first liquid, the first meter being positioned along a first mixing jumper, the first mixing jumper connected to a first tank and the single pipeline, the controller configured to obtain the first flow rate from the first meter via the first input as liquids are blended during a blending operation;
a first output in signal communication with a first main valve, the first main valve positioned along a first main pipe, the first main pipe connected to the first tank and the single pipeline;
a second input in signal communication with a second meter to measure a second flow rate of a second liquid, the second meter positioned along a second mixing jumper, the second mixing jumper connected to a second tank and the single pipeline, the controller also configured to obtain the second flow rate from the second meter via the second input as liquids are blended during the blending operation;
a second output in signal communication with a second main valve, the first main valve positioned along a second main pipe, the second main pipe connected to the second tank and the single pipeline; and
an input/output in signal communication with a first control valve and a second control valve, the first control valve configured to adjust flow of the first liquid via the first mixing jumper, thereby to modify the first flow rate, and the second control valve configured to adjust flow of the second liquid via the second mixing jumper, thereby to modify the second flow rate, the controller further configured to:
as liquids are blended during the blending operation: close the first main valve and the second main valve, determine whether one or more of the first flow rate or the second flow rate is to be modified based on one or more of a target mix ratio, a ratio of the first flow rate and the second flow rate, the first flow rate, or the second flow rate, in response to a determination that the first flow rate is to be modified: adjust a position of the first control valve that adjusts flow through the first mixing jumper, thereby to modify the first flow rate, and in response to a determination that the second flow rate is to be modified: adjust a position of the second control valve that adjusts flow through the second mixing jumper, thereby to modify the second flow rate.
While Application claim 1 requires:
A controller for in-line mixing, the controller comprising:
a first input in communication with a first one or more meters to measure a first flow rate of a first liquid, the first one or more meters positioned along a first mixing jumper, the first mixing jumper connected to a tank and a pipeline, the controller configured to obtain the first flow rate from the first one or more meters via the first input when liquids are blended;
a first output in communication with a first main valve, the first main valve positioned along a first main pipe, the first main pipe connected to the first tank and the pipeline;
a second input in communication with a second one or more meters to measure a second flow rate of a second liquid, the second one or more meters further positioned along a second mixing jumper, the second mixing jumper connected to a second tank and the pipeline, the controller also configured to obtain the second flow rate from the second one or more meters via the second input when liquids are blended;
a second output in communication with a second main valve, the second main valve positioned along a second main pipe, the second main pipe connected to the second tank and the pipeline; and
an input/output in communication with a first control valve and a second control valve, the first control valve configured to adjust flow of the first liquid via the first mixing jumper, thereby to modify the first flow rate, and the second control valve configured to adjust flow of the second liquid via the second mixing jumper, thereby to modify the second flow rate.
Thus, it is apparent that the more specific Patent claim 1 encompasses Application claim 1. Following the rationale in In re Goodman cited in the above paragraph, where Applicant has once been granted a patent containing a claim for the specific or narrower invention, Applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Note that since Application claim 1 is anticipated by Patent claim 1 and since anticipation is the epitome of obviousness, then Application claim 1 is obvious over Patent claim 1.
Similarly, claims 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 16, 17, 18, 18, and 19, respectively, for the same reason set forth above.
Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 1, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 16, 17, 18, 18, and 19, respectively of U.S. Patent No. 12,128,369. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 1, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 16, 17, 18, 18, and 19 of U.S. Patent No. 12,128,369 “anticipate” Application claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22, respectively. Accordingly, Application claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 are not patentably distinct from Patent claims 1, 1, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 16, 17, 18, 18, and 19, respectively.
Here, Patent claim 1 requires:
A controller for in-line mixing, the controller comprising:
a first input in signal communication with a first one or more meters to measure a first flow rate of a first liquid, the first one or more meters positioned along a first mixing jumper, the first mixing jumper connected to a first tank and a single pipeline, the controller configured to obtain the first flow rate from the first one or more meters via the first input when liquids are blended;
a first output in signal communication with a first main valve, the first main valve positioned along a first main pipe, the first main pipe connected to the first tank and the single pipeline;
a second input in signal communication with a second one or more meters to measure a second flow rate of a second liquid, the second one or more meters further positioned along a second mixing jumper, the second mixing jumper connected to a second tank and the single pipeline, the controller also configured to obtain the second flow rate from the second one or more meters via the second input when liquids are blended;
a second output in signal communication with a second main valve, the second first main valve positioned along a second main pipe, the second main pipe connected to the second tank and the single pipeline; and
an input/output in signal communication with a first control valve and a second control valve, the first control valve configured to adjust flow of the first liquid via the first mixing jumper, thereby to modify the first flow rate, and the second control valve configured to adjust flow of the second liquid via the second mixing jumper, thereby to modify the second flow rate, the controller further configured to: when liquids are blended: close the first main valve and the second main valve, determine whether one or more of (a) the first flow rate or (b) the second flow rate is to be modified based on one or more of (i) a target mix ratio, (ii) a ratio of the first flow rate and the second flow rate, (iii) the first flow rate, or (iv) the second flow rate, in response to a determination that the first flow rate is to be modified: adjust a position of the first control valve that adjusts flow through the first mixing jumper, thereby to modify the first flow rate, and in response to a determination that the second flow rate is to be modified: adjust a position of the second control valve that adjusts flow through the second mixing jumper, thereby to modify the second flow rate.
While Application claim 1 requires:
A controller for in-line mixing, the controller comprising:
a first input in communication with a first one or more meters to measure a first flow rate of a first liquid, the first one or more meters positioned along a first mixing jumper, the first mixing jumper connected to a tank and a pipeline, the controller configured to obtain the first flow rate from the first one or more meters via the first input when liquids are blended;
a first output in communication with a first main valve, the first main valve positioned along a first main pipe, the first main pipe connected to the first tank and the pipeline;
a second input in communication with a second one or more meters to measure a second flow rate of a second liquid, the second one or more meters further positioned along a second mixing jumper, the second mixing jumper connected to a second tank and the pipeline, the controller also configured to obtain the second flow rate from the second one or more meters via the second input when liquids are blended;
a second output in communication with a second main valve, the second main valve positioned along a second main pipe, the second main pipe connected to the second tank and the pipeline; and
an input/output in communication with a first control valve and a second control valve, the first control valve configured to adjust flow of the first liquid via the first mixing jumper, thereby to modify the first flow rate, and the second control valve configured to adjust flow of the second liquid via the second mixing jumper, thereby to modify the second flow rate.
Thus, it is apparent that the more specific Patent claim 1 encompasses Application claim 1. Following the rationale in In re Goodman cited in the above paragraph, where Applicant has once been granted a patent containing a claim for the specific or narrower invention, Applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Note that since Application claim 1 is anticipated by Patent claim 1 and since anticipation is the epitome of obviousness, then Application claim 1 is obvious over Patent claim 1.
Similarly, claims 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 16, 17, 18, 18, and 19, respectively, for the same reason set forth above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Doerr et al. (Pub. No. US 2007/0175511) disclose an inline mixing assembly for hydrocarbons comprising a controller controlling the fluid mixing from individual tanks.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Reinaldo Sanchez-Medina, telephone number 571-270-5168, fax number 571-270-6168. The examiner can normally be reached on Monday-Friday (7:30AM-4:00PM EST).
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/REINALDO SANCHEZ-MEDINA/Primary Examiner, Art Unit 3753