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
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.
Claim(s) 1-2, 5-6, 9, 11-12, 15-16 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Croteau. (US 2023/0288241)
With respect to claim 1, Croteau teaches a flow measurement apparatus for use with flowing liquids, the flow measurement apparatus comprising: a main flow passage (main flow channeling system 108); a pressure relief valve (shut-off valve 200) connected in the main flow passage; a bypass flow passage (bypass channeling system 101) having an inlet connected to the main flow passage upstream of the pressure relief valve, and an outlet connected to the main flow passage downstream of the pressure relief valve; and a mass flowmeter (flowmeter 10) connected in the bypass flow passage between the inlet and the outlet. (par. 114-120, Figs. 1-2) It should be noted that although the reference does not discuss use with a subterranean well, this is considered to be an intended use of the apparatus.
With respect to claim 2, Croteau teaches a control system connected to the pressure relief valve and configured to close the pressure relief valve in response to a flow rate in the main flow passage being less than a predetermined flow rate level. (par. 4, 10-11, 40-44, 55-61)
With respect to claim 5, Croteau teaches at least one pressure sensor configured to measure a pressure differential across the pressure relief valve. (par. 4, 10-11, 40-44, 55-61)
With respect to claim 6, Croteau teaches a control system connected to the pressure relief valve, and in which the control system is configured to determine a flow rate in the main flow passage based on: a) the pressure differential, b) an output of the mass flowmeter, or c) a combination of the pressure differential and an output of the mass flowmeter. (par. 4-5, 119)
With respect to claim 9, Croteau teaches the control system is configured to vary the predetermined flow rate level. (par. 4, 10-11, 40-44, 55-61)
With respect to claim 11, Croteau teaches a method for use with flowing liquds, the method comprising: connecting a flow measurement apparatus in a system, the flow measurement apparatus comprising: a main flow passage (main flow channeling system 108); a pressure relief valve (shut-off valve 200) connected in the main flow passage; a bypass flow passage (bypass channeling system 101) having an inlet connected to the main flow passage upstream of the pressure relief valve, and an outlet connected to the main flow passage downstream of the pressure relief valve; and a mass flowmeter (flowmeter 10) connected in the bypass flow passage between the inlet and the outlet; and closing the pressure relief valve in response to a flow rate in the main flow passage being less than a predetermined flow rate level. (par. 4, 10-11, 40-44, 55-61, 114-120, Figs. 1-2) It should be noted that although the reference does not discuss use with a subterranean well, this is considered to be an intended use of the method.
With respect to claim 12, Croteau teaches opening the pressure relief valve in response to the flow rate in the main flow passage being greater than the predetermined flow rate level. (par. 4, 10-11, 40-44, 55-61)
With respect to claim 15, Croteau teaches measuring a pressure differential across the pressure relief valve. (par. 4, 10-11, 40-44, 55-61)
With respect to claim 16, Croteau teaches the flow rate in the main flow passage is based on; a) the pressure differential measuring, b) an output of the mass flowmeter, or c) a combination of the pressure differential measuring and an output of the mass flowmeter. (par. 4-5, 119)
With respect to claim 19, Croteau teaches the apparatus further comprises a control system that varies the predetermined flow rate level. (par. 4, 10-11, 40-44, 55-61)
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) 3 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Croteau in view of Polesel et al. (LU 101299)
With respect to claims 3 and 13-14, Croteau teaches all that is claimed, as in the above rejection, except wherein the control system is further configured to open the pressure relief valve in response to; an indication that the mass flowmeter is blocked, or b) in response to a failure of the mass flowmeter.
Polesel teaches a flow measurement apparatus and method wherein a flowmeter is located in a bypass for a valve, wherein the valve can be automatically be actuated in case of a malfunction of a flowmeter. (par. 32)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the invention of Croteau to include an automatic opening of the valve in response to a problem with the flowmeter, as taught by Polesel, in order to prevent any problems cause by having both the main flow passage and the bypass passage closed at the same time.
Claim(s) 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Croteau in view of Northam et al. (US 2022/0282586, hereafter Northam)
With respect to claims 10 and 20, Croteau teaches all that is claimed, as in the above rejection, except wherein the apparatus further comprises a flow restrictor connected in the bypass flow passage.
Northam teaches a flow measurement apparatus and method, the flow measurement apparatus comprising: a main flow passage (main flow passage 36); a bypass flow passage (bypass flow passage 38) having an inlet connected to the main flow passage upstream of the pressure relief valve, and an outlet connected to the main flow passage downstream of the pressure relief valve; a mass flowmeter (mass flowmeter 40) connected in the bypass flow passage between the inlet and the outlet, and a flow restrictor (flow restrictor 42) connected in the bypass flow passage. (par. 48-50, Fig. 7)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the invention of Croteau to include a flow restrictor in the bypass passage, as taught by Northam, in order to control the flow through the mass flowmeter to improve the accuracy of the measurements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4,175,433; US 10,712,190; and CN 117888840 each teach an invention having apparent similarities to the claimed subject matter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jill E Culler whose telephone number is (571)272-2159. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at 571-272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JILL E CULLER/ Primary Examiner, Art Unit 2853
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