Detailed Action
Status of Claims
This is the first office action on the merits. Claims 1-10 are currently pending and addressed below.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/13/2025 has being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first and second mobile fracturing pump system and single trailer must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The metes and bounds of claim 4 are unclear as it is ambiguous whether or not the preamble is introducing the shared radiator, the first and second mobile fracturing pump system, and being on the same trailer and in the body of the claim referring back to these structures or if the body of the claim is introducing a new shared radiator and first and second mobile fracturing pump system.
Furthermore, claim 4 further recites the limitation "the same trailer" in line 3. There is insufficient antecedent basis for this limitation in the claim and it is unclear if the claim language is introducing a trailer or if the claim language is attempting to refer to the claim language in claim 3.
Additionally, claim 4 further recites the limitation "the second flow temperature sensor" in line 10. There is insufficient antecedent basis for this limitation in the claim and it is unclear if the claim language is introducing a second flow temperature sensor or if the claim language is intending to refer to the first temperature flow sensor.
Claim 4 is rejected on these basis.
Claims 5-10 are rejected for depending on a rejected claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 4-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed towards an abstract idea.
Step 1 of the USPTO’s eligibility analysis entails considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter.
Claim 4 is directed to a method (process). As such, the claims are directed to statutory categories of invention.
The claim(s) recite(s) abstract limitations including:
Claim 1: designating…the primary controller…designated the secondary controller
These limitations, as drafted, are abstract mental processes that, under the broadest reasonable interpretation, cover performance of the limitations in the mind, or by a human using pen and paper, and therefore recite mental processes. More specifically, nothing in the claim element precludes the aforementioned steps from practically being performed in the human mind, or by a human using pen and paper. The mere recitation of generic computing elements and/or sensors does not take the claim out of the mental process grouping. Thus the claim recites an abstract idea.
If the claim recites a judicial exception (i.e., an abstract idea enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance, a law of nature, or a natural phenomenon), the claim requires further analysis in Prong Two. In Prong Two, examiners evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
Claim 4 recites the additional element of:
Claim 4:
A first coolant pump, a first mobile fracturing pump system, a second coolant pump, a second mobile fracturing pump system, a shared radiator, a first controller, a second controller, a first coolant flow temperature sensor, the second flow temperature sensor which merely links said method to a particular technical environment or field of use;
Operating a set of fans based on the temperature data measured by the first coolant flow temperature sensor which are recited at a high level of generality and amount to no more than mere instructions to apply the exception.
Sharing temperature data sets collected from the first coolant temperature sensor and the second coolant flow temperature sensor between the primary and secondary controller which are considered an insignificant extra solution activity;
If the additional elements do not integrate the exception into a practical application, then the claim is directed to the recited judicial exception, and requires further analysis under Step 2B to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself).
Claim 4:
As discussed above, A first coolant pump, a first mobile fracturing pump system, a second coolant pump, a second mobile fracturing pump system, a shared radiator, a first controller, a second controller, a first coolant flow temperature sensor, the second flow temperature sensor merely link the method to a particular environment or field of use. As they merely confine the use of the abstract idea to a particular technical field of use they fail to add an invention concept to the claim. These limitations represent mere token acquiescence to limiting the reach of the claim (see Flook and MPEP 2106.5(h)).
As discussed above, “Operating a set of fans based on the temperature data measured by the first coolant flow temperature sensor” merely amounts to “apply it”. The reciting of claim limitations that attempt to cover any solution (i.e. operating a fan) to an identified problem (i.e. temperature data) with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result (i.e. what aspects are changed or how the change is affected by the abstract idea) does not integrate a judicial exception into a practical application or provide significantly more because this type of recitation is equivalent to the words “apply it”. See MPEP 2106.05(f)(1)
Regarding the recited process in the “Sharing temperature data sets collected from the first coolant temperature sensor and the second coolant flow temperature sensor between the primary and secondary controller” step is considered an insignificant extra solution activity as the limitations amount to selecting a particular data source or type of data to be manipulated. As noted in Electric Power Group, selecting information, based on types of information and availability of information for collection, analysis, and display is considered insignificant extra solution activity (see MPEP 2106.05(g)). Additionally, the Symantec, TLI, OIP Techs. And buySAFE court decisions cited in MPEP 2106.05(d)(II) indicate that mere receiving or transmitting data over a network is considered insignificant extra solution activity.
Therefore, the claim does not provide an inventive concept (significantly more than the abstract idea). The claim is ineligible.
Thus, even when viewed as an ordered combination, nothing in the claims add significantly more (i.e., an inventive concept) to the abstract idea.
The various metrics of claims 5-10 further merely amounts to “apply it”. The reciting of claim limitations that attempt to cover any solution (i.e. operating a fan) to an identified problem (i.e. temperature data) with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result (i.e. what aspects are changed or how the change is affected by the abstract idea) does not integrate a judicial exception into a practical application or provide significantly more because this type of recitation is equivalent to the words “apply it”. See MPEP 2106.05(f)(1)
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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sharp (US Pub No 20200378232) in view of Bodishbaugh (US Pub No 20240218772).
Sharp discloses in claim 1. A mobile fracturing unit comprising:
a first coolant pump (Sharp Fig 23 & Fig 24; 715 [0082] coolant pump) associated with a first mobile fracturing pump system (Sharp [0082] Variable Frequency Drive (VFD) cooling circuit on a [0044] integrated fracking system with multiple subsystems);
a second coolant pump (Sharp Fig 23 & 24; 725 [0084] lubricant cooling pump) associated with a second mobile fracturing pump system (Sharp [0084] lubricant cooling pump positioned on a [0044] integrated fracking system with multiple subsystems);
a shared radiator (Sharp Fig 23 & 24; 701 [0086] VFD cooling circuit and Lubricant cooling circuit use the same radiator), the shared radiator having a first portion fluidly connected to the first coolant pump (Sharp Fig 23 & 24; 701 [0086] VFD cooling circuit connected to the radiator) and a second portion fluidly connected to the second coolant pump (Sharp Fig 23 & 24; 701 [0086] Lubricant cooling circuit connected to the radiator);
a fan set (Sharp Fig 23 & 24; 705 [0080] cooling fan), the fan set including one or more fans (Sharp Fig 23 & 24; 705 [0080] cooling fan), the fan set positioned to blow across the shared radiator (Sharp Fig 23 & 24; [0082] fan used to provide forced convection through radiator to increase cooling rate);
a controller (Sharp [0079] controller system);
monitoring coolant temperature flowing from the first coolant pump (Sharp [0080] [0082] temperature control of coolant and fluids flowing through the radiator), the first coolant flow temperature sensor in electrical communication with the controller (Sharp [0080] pre-programmed temperature settings to maintain desired cooling);
wherein the controller is adapted to control the fan set (Sharp [0079] [0080] cooling fan motor can be controlled via controller).
Sharp discloses the use of a controller (Sharp [0079]) and temperature monitoring of coolant flow (Sharp [0080] [0082] temperature control of coolant and fluids flowing through the radiator) but Sharp is silent as to independent control of the two pumps and the inclusion of temperature sensors.
However, Bodishbaugh teaches: a first controller (Bodishbaugh Fig 3; 307 [0067] control of one or more pumps i.e. first pump 215 [0069] individual control of each pump), the first controller in electrical connection with the first coolant pump (Bodishbaugh Fig 3; 307 [0067] control of one or more pumps i.e. first pump 215 [0069] individual control of each pump);
a second controller (Bodishbaugh Fig 3; 307 [0067] control of one or more pumps i.e. second pump 246 [0069] individual control of each pump), the second controller in electrical connection with the second coolant pump (Bodishbaugh Fig 3; 307 [0067] control of one or more pumps i.e. second pump 246 [0069] individual control of each pump);
(Examiners note: Controllers are interpreted under broadest reasonable interpretation as two separate controls for pumping speed or output from the pumps meeting the description in the instant specification [0004])
It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified the controller of Sharp to include independent control of the pumps as taught by Bodishbaugh for the purpose of independently controlling flow through the distinct fluid circuits to optimize the performance of the respective mobile fracking pump systems (Bodishbaugh [0069])
Furthermore, Bodishbaugh teaches: a first coolant flow temperature sensor (Bodishbaugh Fig 2; 222 [0058] temperature sensor in the working fluid circuit) adapted to measure coolant flowing from the first coolant pump (Bodishbaugh Fig 2; 222 [0058] temperature sensor in the working fluid circuit), the first coolant flow temperature sensor in electrical communication with the first controller (Bodishbaugh Fig 3; 305);
and a second coolant flow temperature sensor (Bodishbaugh Fig 2; 235 [0059] temperature sensor) adapted to measure coolant flowing from the second coolant pump (Bodishbaugh Fig 2; 235 [0059] temperature sensors are used to determine parameters of the fluid flowing toward and away from heat exchanger 216), the second coolant flow temperature sensor in electrical communication with the second controller (Bodishbaugh Fig 3; 305);
It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified Sharp to include the temperature sensors as taught by Bodishbaugh for the purpose of monitoring the temperature in the fluid circuits.
Sharp et al discloses in claim 2. The system of claim 1, wherein the first coolant pump and the first controller are a part of a first mobile fracturing unit (Sharp [0082] Variable Frequency Drive (VFD) cooling circuit on a [0044] integrated fracking system with multiple subsystems) and the second coolant pump and the second controller are part of a second mobile fracturing unit (Sharp [0084] lubricant cooling pump positioned on a [0044] integrated fracking system with multiple subsystems).
Sharp et al discloses in claim 3. The system of claim 2, wherein both the first mobile fracturing unit and the second mobile fracturing unit are positioned on a single trailer (Sharp Fig 23; Both VFD and lubricant cooling circuits are positioned on a single trailer).
Sharp discloses in claim 4. A method for cooling
a shared radiator (Sharp Fig 23 & 24; 701 [0086] VFD cooling circuit and Lubricant cooling circuit use the same radiator) of a first mobile fracturing pump system (Sharp [0082] Variable Frequency Drive (VFD) cooling circuit on a [0044] integrated fracking system with multiple subsystems) and a second mobile fracturing pump system (Sharp [0084] lubricant cooling pump positioned on a [0044] integrated fracking system with multiple subsystems), the first mobile fracturing pump system and the second mobile fracturing pump system on the same trailer (Sharp Fig 23; Both VFD and lubricant cooling circuits are positioned on a single trailer), the method comprising:
providing a first coolant pump (Sharp Fig 23 & Fig 24; 715 [0082] coolant pump) associated with a first mobile fracturing pump system (Sharp [0082] Variable Frequency Drive (VFD) cooling circuit on a [0044] integrated fracking system with multiple subsystems) and a second coolant pump (Sharp Fig 23 & 24; 725 [0084] lubricant cooling pump) associated with a second mobile fracturing pump system (Sharp [0084] lubricant cooling pump positioned on a [0044] integrated fracking system with multiple subsystems);
providing a shared radiator (Sharp Fig 23 & 24; 701 [0086] VFD cooling circuit and Lubricant cooling circuit use the same radiator), the shared radiator having a first portion fluidly connected to the first coolant pump (Sharp Fig 23 & 24; 701 [0086] VFD cooling circuit connected to the radiator) and a second portion fluidly connected to the second coolant pump (Sharp Fig 23 & 24; 701 [0086] Lubricant cooling circuit connected to the radiator);
a controller (Sharp [0079] controller system);
sharing temperature data sets from the first cooling pump (Sharp [0080] pre-programmed temperature settings to maintain desired cooling within the fluid circuit) and the second cooling pump (Sharp [0080] pre-programmed temperature settings to maintain desired cooling within the fluid circuit) between controller (Sharp [0079] controller system);
and when the controller receives the temperature data sets, operating a set of fans (Sharp Fig 23 & 24; 705 [0080] cooling fan) based on the temperature data monitoring the first coolant flow temperature (Sharp [0080] pre-programmed temperature settings to maintain desired cooling).
Sharp discloses the use of a controller (Sharp [0079]) and temperature monitoring of coolant flow (Sharp [0080] [0082] temperature control of coolant and fluids flowing through the radiator) but Sharp is silent as to independent control of the two pumps and the inclusion of temperature sensors.
Bodishbaugh teaches: providing a first controller (Bodishbaugh Fig 3; 307 [0067] control of one or more pumps i.e. first pump 215 [0069] individual control of each pump) and a second controller (Bodishbaugh Fig 3; 307 [0067] control of one or more pumps i.e. second pump 246 [0069] individual control of each pump), the first controller electrically connected to the first coolant pump (Bodishbaugh Fig 3; 307 [0067] control of one or more pumps i.e. first pump 215 [0069] individual control of each pump) and a first coolant flow temperature sensor (Bodishbaugh Fig 2; 222 [0058] temperature sensor in the working fluid circuit) and the second controller electrically connected to the second coolant pump (Bodishbaugh Fig 3; 307 [0067] control of one or more pumps i.e. second pump 246 [0069] individual control of each pump) and the second flow temperature sensor (Bodishbaugh Fig 2; 235 [0059] temperature sensors are used to determine parameters of the fluid flowing toward and away from heat exchanger 216);
designating the first controller the primary controller (Bodishbaugh [0067] control of one or more pumps i.e. first pump 215 [0069] individual control of each pump) and the second controller not designated the primary controller designated the secondary controller (Bodishbaugh Fig 3; 307 [0067] control of one or more pumps i.e. second pump 246 [0069] individual control of each pump);
(Examiners note: Controllers are interpreted under broadest reasonable interpretation as two separate controls for pumping speed or output from the pumps meeting the description in the instant specification [0004])
It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified the controller of Sharp to include independent control of the pumps as taught by Bodishbaugh for the purpose of independently controlling flow through the distinct fluid circuits to optimize the performance of the respective mobile fracking pump systems (Bodishbaugh [0069])
Furthermore, It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified Sharp to include the temperature sensors as taught by Bodishbaugh for the purpose of monitoring the temperature in the fluid circuits.
Sharp et al discloses in claim 5. The method of claim 4 further comprising when the secondary controller does not receive temperature data from the primary controller, operating the set of fans at a predetermined secondary set speed (Sharp [0080] [0082] variable fan speed motor to maintain set speed. Examiners note: As no temperature data is required, the fan speed would remain constant).
Sharp et al discloses in claim 6. The method of claim 5, wherein the predetermined second set speed is 100% of fan speed (Sharp [0080] [0082] variable fan speed motor to maintain set speed which can be 100% of fan speed as desired by operator).
Sharp et al discloses in claim 7. The method of claim 5 further comprising when the primary controller does not receive temperature data from the secondary controller, operating the set of fans at a predetermined primary set speed (Sharp [0080] [0082] variable fan speed motor to maintain set speed Examiners note: As no temperature data is required, the fan speed would remain constant).
Sharp et al discloses in claim 8. The method of claim 7, wherein the predetermined primary set speed is 100% of fan speed (Sharp [0080] [0082] variable fan speed motor to maintain set speed which can be 100% of fan speed as desired by operator).
Sharp et al discloses in claim 9. The method of claim 6, wherein if an error is determined for either the primary controller or the secondary controller, operating the fan set at the error set speed (Sharp [0080] [0082] variable fan speed motor to maintain set speed Examiners note: claim language is conditional, no error is required and fan speed would remain constant).
Sharp et al discloses in claim 10. The method of claim 7, wherein the error set speed is 100% of fan speed (Sharp [0080] [0082] variable fan speed motor to maintain set speed which can be 100% of fan speed as desired by operator).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas D Wlodarski whose telephone number is (571)272-3970. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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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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/NICHOLAS D WLODARSKI/Examiner, Art Unit 3672
/Nicole Coy/Supervisory Patent Examiner, Art Unit 3672
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