DETAILED ACTION
Non Final
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 01/27/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
It is noted that upon review, no claim terminology was determined to be of sufficient means plus function nonce/style language so as to invoke 35 USC 112 6th paragraph. Any generic terms appeared to be sufficiently modified by their either prepository terms, modifiers or use in the art to take any generic terms out of potential scope of 112 6th. It is noted that during prosecution the claim language may change and thus there is no final disposition on such interpretation until time as the claims may issue.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2 and 5-14 is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by An (US 2024/0426395);
Claim(s) 3, 4 and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over An as applied to claims 1 and 2 above, and further in view of Hoang (US 2011/0083746.)
An discloses in claim 1: A valve assembly (299/599 figures 1-6) comprising: a valve (at 250/550-1) that allows liquid to flow (298/598) through a flow bore (of 288) when the valve is open; a hydraulic cylinder (566-1) that is configured to control the valve with a component (gate 267/567-1) that is configured to open and close the valve; a cavity (the gate housing 268/568-1) that is configured to surround an area adjacent to the component (the cavity of the gate housing surrounds the gate); at least one cavity sensor (sensor devices 260 include sensor device at 860-1, 860-2) that is configured to measure a first pressure within the cavity (ph 0054, 0128-0130, where the pressure is the same in the piping and housing 588/568-1 on the upstream side of the gate valve 567-1 and the downstream side is the same as the piping downstream of the gate valve in the piping and housing ); at least one hydraulic cylinder sensor (pressure sensor of 560 ph 0128) that is configured to measure a second pressure within the hydraulic cylinder (the hydraulic fluid pressure in the cylinder 566-1 will be the same as the pressure in the line feeding the cylinder); and a control system (at 225 figure 3 and 418 figure 4) that is configured to analyze the first pressure measurements and the second pressure measurements while the liquid is flowing through the flow bore to determine if the valve assembly is operating properly (ph 0139 to ph 0155 where the pressure are compared to determine if the valve is properly open or closed based on the actual pressure comparison signature to the performance indicators or historical readings.)
An discloses in claim 2: The valve assembly of claim 1 wherein said valve assembly is a gate valve assembly (250/550-1) and the component is a gate assembly (267/567-1 is the gate assembly.)
An discloses in claim 3: The valve assembly of claim 2, but An does not disclose at least one hydraulic load sensor that is configured to measure a load on the gate assembly during operation; although Hoang teaches: at least one of a hydraulic cylinder load sensor (74) configured to measure a first load on the component (the piston stem of the gate valve 30/32/72), with first load readings and changes thereof (74 and see ph 0023, 0029-0031 and figure 6 step 110, all for the purpose of determining the position of the valve via load force for valve signature control from a remote location.)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide as taught in Hoang for that of An, a hydraulic cylinder load sensor which can measure a first load on the component piston stem of the gate valve of An as taught in Hoang, and that can provide first load readings as well as changes thereof as taught in Hoang, all for the purpose of determining the position of the valve via load force for valve signature control from a remote location.
An discloses (as modified for the reasons discussed above) in claim 4: The valve assembly of claim 3 An does not disclose, but Hoang teaches: control system is further configured to analyze the load measurements on the gate assembly (0029-0031 and figure 6 step 110, all for the purposes discussed above as so modified.)
An discloses in claim 5: The valve assembly of claim 1 further comprising a temperature sensor that is configured to measure a temperature related to the valve assembly (260/860-1 per ph 0054, 0128-0130 are arranged to include temperature sensors.)
An discloses in claim 6: The valve assembly of claim 5 wherein the control system is further configured to analyze the temperature measurements in addition to the first pressure readings and second pressure readings (ph 0081 where the control engine 360 will take the pressure and temperature readings and evaluate the subsea valve 250 via the protocol or algorithms as discussed above.)
An discloses in claim 7: The valve assembly of claim 1 wherein the control system is further configured to establish baseline first pressure measurements and baseline second pressure measurements for comparison to subsequent first pressure measurements and second pressure measurements (see ph 0139 to 0141.)
An discloses in claim 8: The valve assembly of claim 7 wherein the control system is further configured to store threshold first pressure measurements and threshold second pressure measurements related to the baseline measurements for comparison with subsequent first pressure measurements and second pressure measurements (as discussed in claim 7, the measurements are saved and compared to each other for evaluation and correction purposes (i.e. threshold limits.))
An discloses in claim 9: A valve assembly (299/599 figures 1-6) comprising: a valve (at 250/550-1) that allows liquid to flow through a flow bore (of 288) when the valve is open; a cavity (the gate housing 268/568-1) that is configured to surround the valve (as shown); a valve sensor (sensor devices 260 include sensor device at 860-2 ph 0054, 0128-0130, where the pressure is the same in the piping and housing 588/568-1 on the upstream side of the gate valve 567-1 and the downstream side is the same as the piping downstream of the gate valve in the piping and housing) that is configured to measure a first pressure of the valve related to the liquid flowing through the valve (as discussed); a cavity sensor (pressure sensor of pressure sensor of 0128) that is configured to measure a second pressure within the cavity (downstream of the valve); and a control system that is configured to analyze the first pressure readings and the second pressure readings while the liquid is flowing through the flow bore to compare changes in the first pressure readings and changes in the second pressure readings (ph 0139 and 0141.)
An discloses in claim 10: The valve assembly of claim 9 wherein said valve assembly is a gate valve assembly (250/550-1 is a gate valve assembly.)
An discloses in claim 11: The valve assembly of claim 10 further comprising a hydraulic cylinder (566-1) that is configured to control the valve with a component (567-1 attached via piston 562-1) that is configured to open and close the valve, and a hydraulic cylinder sensor (560 reads the hydraulic pressure signals for control of the piston) that is configured to measure a third pressure within the hydraulic cylinder (as discussed ph 0139 and 0141.)
An discloses in claim 12: The valve assembly of claim 11 wherein the control system is further configured to analyze the third pressure readings and compare changes in the third pressure readings (as discussed ph 0139 and 0141.)
An discloses in claim 13: The valve assembly of claim 9 wherein the control system is further configured to establish baseline first pressure measurements and baseline second pressure measurements for comparison to subsequent first pressure measurements and second pressure measurements (as discussed ph 0139 and 0141 via the threshold amounts.)
An discloses in claim 14: The valve assembly of claim 13 wherein the control system is further configured to store threshold first pressure measurements and threshold second pressure measurements related to the baseline measurements for comparison with subsequent first pressure measurements and second pressure measurements (as discussed ph 0139 and 0141 via the threshold amounts, the storage in the stored data 334 figure 3.)
An discloses in claim 15: A valve assembly (299/599 figures 1-6) for use in frac operations to deliver fluid to a well site comprising (the preceding statement considered a statement of intended use as the limitations add no meaningful limitation to the body of the claimed apparatus under MPEP 2114, nonetheless the valve assembly is used in geo-steering ph 0025 which is an integral part of frac-ing operations): a valve (299/599 figures 1-6) that allows liquid to flow through a flow bore (of 288) when the valve is open; a hydraulic cylinder (566-1) that is configured to control the valve with a component (gate 267/567-1) that is configured to open and close the valve; a valve sensor (860-2) that is configured to measure a first pressure (upstream pressure) of the valve related to the liquid flowing through the valve; a hydraulic cylinder pressure sensor (560 reads the pressure in the hydraulic cylinder 566-1) that is configured to measure a second pressure within the hydraulic cylinder; and a control system (at 225 figure 3 and 418 figure 4) that is configured to analyze the first pressure readings, the second pressure readings, while the hydraulic cylinder is in operation, wherein the analysis includes comparing changes in the first pressure readings, and the second pressure readings (ph 0139 to ph 0155 where the pressure are compared to determine if the valve is properly open or closed based on the actual pressure comparison signature to the performance indicators or historical readings); An does not disclose: a hydraulic cylinder load sensor configured to measure a first load on the component, with first load readings and changes thereof; but Hoang teaches: a hydraulic cylinder load sensor (74) configured to measure a first load on the component (the piston stem of the gate valve 30/32/72), with first load readings and changes thereof (74 and see ph 0023, 0029-0031 and figure 6 step 110, all for the purpose of determining the position of the valve via load force for valve signature control from a remote location.)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide as taught in Hoang for that of An, a hydraulic cylinder load sensor which can measure a first load on the component piston stem of the gate valve of An as taught in Hoang, and that can provide first load readings as well as changes thereof as taught in Hoang, all for the purpose of determining the position of the valve via load force for valve signature control from a remote location.
An discloses (as modified for the reasons discussed above) in claim 16: The valve assembly of claim 15 wherein said valve assembly is a gate valve assembly (250/550-1)and the component is a gate assembly (267/567-1 as discussed above.)
An discloses (as modified for the reasons discussed above) in claim 17: The valve assembly of claim 15 further comprising a temperature sensor that is configured to measure a temperature related to the valve assembly (260/860-1 per ph 0054, 0128-0130 are arranged to include temperature sensors.)
An discloses (as modified for the reasons discussed above) in claim 18: The valve assembly of claim 15 wherein the control system is further configured to analyze the temperature measurements from the temperature sensor in addition to the first pressure readings, second pressure readings, and first load readings (as modified above and including ph 0081 where the control engine 360 will take the pressure and temperature readings and evaluate the subsea valve 250 via the protocol or algorithms as discussed above.)
An discloses (as modified for the reasons discussed above) in claim 19: The valve assembly of claim 15 wherein the control system is further configured to establish baseline first pressure measurements and baseline second pressure measurements for comparison to subsequent first pressure measurements and second pressure measurements (see ph 0139 to 0141.)
An discloses (as modified for the reasons discussed above) in claim 20: The valve assembly of claim 19 wherein the control system is further configured to store threshold first pressure measurements and threshold second pressure measurements related to the baseline measurements for comparison with subsequent first pressure measurements and second pressure measurements (as discussed above, the measurements are saved and compared to each other for evaluation and correction purposes (i.e. threshold limits.))
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W JELLETT, whose telephone number is 571-270-7497. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Ken Rinehart can be reached at (571)-272-4881, or Craig Schneider can be reached at (571) 272-3607. 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.
/Matthew W Jellett/Primary Examiner, Art Unit 3753
Prosecution Insights