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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/09/2026 has been entered.
Claim Objections
Claims 3, 4 and 7 are objected to because of the following informalities:
(claim 3, lines 1-2) “wherein the plurality of fracturing power sources comprises at least one turbine engine or at least one electric motor” should be changed to “wherein the plurality of fracturing power sources comprises at least one turbine engine and at least one electric motor”.
(claim 4, lines 1-2) “wherein the plurality of fracturing power sources comprises at least one turbine engine or at least one diesel engine” should be changed to “wherein the plurality of fracturing power sources comprises at least one turbine engine and at least one diesel engine”.
(claim 7, line 4) the claim needs to end with a period.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 6 recites the limitation “wherein the plurality of fracturing power sources comprises at least one turbine engine, at least one electric motor, or at least one diesel engine” in lines 1-3. However, claim 1 recites the limitation “wherein the plurality of fracturing power sources comprise at least two distinct types of power sources selected from a group consisting of one or more turbine engines, one or more electric motors, and one or more diesel engines” in lines 7-9. Therefore, claim 6 fails to further limit the subject matter of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 5, 6 and 15-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Oehring et al. (US 11,035,207).
As concerns claim 1, Oehring shows a fracturing system (100) comprising: a plurality of fracturing power sources (108: diesel powered, 110: electric powered) for providing mechanical driving power (Fig. 1); a plurality of fracturing pumps (108: fracturing pump, 110: fracturing pump) powered by the mechanical driving power from the plurality of fracturing power sources (Fig. 1); and an auxiliary system (114-124) for assisting operations of the plurality of fracturing power sources and the plurality of fracturing pumps (Fig. 1), wherein the plurality of fracturing power sources comprise at least two distinct types of power sources selected from a group consisting of one or more turbine engines, one or more electric motors (110: electric powered), and one or more diesel engines (108: diesel powered), the at least two distinct types of power sources configured to be operable at a same time to drive the plurality of fracturing pumps (Fig. 1).
As concerns claim 5, Oehring shows wherein the plurality of fracturing power sources comprises at least one electric motor and at least one diesel engine (Fig. 1).
As concerns claim 6, Oehring shows wherein the plurality of fracturing power sources comprises at least one turbine engine, at least one electric motor, or at least one diesel engine (Fig. 1).
As concerns claim 15, Oehring shows wherein the auxiliary system is powered by a dedicated external electric source (112).
As concerns claim 16, Oehring shows at least one or more subsystems, each of the one or more subsystems belonging to one of a chemical adding subsystem (120), a sand mixing subsystem (122), a sand conveying subsystem (122), and a fracturing fluid mixing subsystem (114).
As concerns claim 17, Oehring shows wherein at least one of the one or more subsystems is powered by a dedicated external electric source (112).
Claims 1-8, 11, 13, 15-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Coskrey et al. (US 2019/0178235).
As concerns claim 1, Coskrey shows a fracturing system (100) comprising: a plurality of fracturing power sources (130a, 130e) for providing mechanical driving power (Fig. 1); a plurality of fracturing pumps (130b) powered by the mechanical driving power from the plurality of fracturing power sources (Fig. 1); and an auxiliary system (110, 115, 120, 160, 180) for assisting operations of the plurality of fracturing power sources and the plurality of fracturing pumps (Fig. 1), wherein the plurality of fracturing power sources comprise at least two distinct types of power sources selected from a group consisting of one or more turbine engines, one or more electric motors (130e), and one or more diesel engines (130a), the at least two distinct types of power sources configured to be operable at a same time to drive the fracturing pumps (Fig. 1).
As concerns claim 2, Coskrey shows wherein the plurality of fracturing pumps (130b) comprises a plurality of plunger pumps (paragraph 0012).
As concerns claim 3, Coskrey shows wherein the plurality of fracturing power sources comprises at least one turbine engine (paragraph 0012) and at least one electric motor (130e).
As concerns claim 4, Coskrey shows wherein the plurality of fracturing power sources comprises at least one turbine engine (paragraph 0012) and at least one diesel engine (130a).
As concerns claim 5, Coskrey shows wherein the plurality of fracturing power sources comprises at least one electric motor (130e) and at least one diesel engine (130a).
As concerns claim 6, Coskrey shows wherein the plurality of fracturing power sources comprises at least one turbine engine, at least one electric motor, or at least one diesel engine (paragraph 0012).
As concerns claim 7, Coskrey shows wherein the plurality of fracturing power sources comprises one or more turbine engines (paragraph 0012); power of at least one of the one or more turbine engines is split off to power an electric generator (160) to drive at least a portion of the auxiliary system (paragraph 0016).
As concerns claim 8, Coskrey shows wherein the electric generator is powered by the at least one of the one or more turbine engines after a speed reducer or a gearbox (paragraph 0016).
As concerns claim 11, Coskrey shows wherein the plurality of fracturing power sources comprises one or more diesel engines (130a); power of at least one of the one or more diesel engines is split off to power an electric generator (160) to drive at least a portion of the auxiliary system (paragraph 0016).
As concerns claim 13, Coskrey shows a diesel engine for powering an electric generator to supply power to at least a portion of the auxiliary system (paragraph 0016).
As concerns claim 15, Coskrey shows wherein the auxiliary system is powered by a dedicated external electric source (160, 180).
As concerns claim 16, Coskrey shows at least one or more subsystems, each of the one or more subsystems belonging to one of a chemical adding subsystem, a sand mixing subsystem, a sand conveying subsystem, and a fracturing fluid mixing subsystem (paragraph 0011).
As concerns claim 17, Coskrey shows wherein at least one of the one or more subsystems is powered by a dedicated external electric source (160, 180).
As concerns claim 18, Coskrey shows wherein at least one of the one or more subsystems is powered by electric power generated by a split off power from at least one of the plurality of fracturing power sources (paragraph 0016).
As concerns claim 20, Coskrey shows wherein at least one of the one or more subsystems is powered by an electric power from an electric generator (160) driven by a diesel engine (paragraph 0016).
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 9, 10, 12, 14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Coskrey et al. alone.
As concerns claims 9, 10, 12, 14 and 19, Coskrey discloses the claimed invention except for wherein power is split off to power a hydraulic system to drive at least a portion of the auxiliary system. It would have been an obvious matter of design choice to have utilized a hydraulic system to drive at least a portion of the auxiliary system, as Applicant has not disclosed that it solves any stated problem of the prior art or is for any particular purpose other than being an alternative to using an electric generator to drive at least a portion of the auxiliary system. Furthermore, one of ordinary skill in the art would have expected the invention to perform equally well with an electric generator because the auxiliary system would still have been capable of being driven. Thus, one of ordinary skill in the art would have recognized that using a hydraulic system to drive at least a portion of the auxiliary system would have provided predictable results and a reasonable expectation of success. Therefore, it would have been obvious to modify Coskrey to obtain the invention as specified in the claim.
Response to Arguments
Applicant’s arguments, filed 06/09/2026, with respect to claims 1-20 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. Furthermore, the claim amendments are persuasive to overcome the prior rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oehring et al. (US 11,814,938) shows a hybrid hydraulic fracturing fleet.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R BUCK whose telephone number is (571)270-3653. The examiner can normally be reached Monday-Thursday 6:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (571)272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R BUCK/Primary Examiner, Art Unit 3672
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