DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicants’ Amendment, filed 2/23/2026, has been entered. Claims 1-10, 12-15, and 17-20 are pending with claims 11 and 16 being currently cancelled.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 8-15 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of US Pat. No. 12241348. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of claims 8-15 and 17-20 of the instant application, are fully encompassed or fully encompass the subject matter of claims 1-18 of US Pat. No. 12241348.
Allowable Subject Matter
Claims 1-7 are allowed.
Claims 8-10, 12-15, and 17-20 would be allowable if the nonstatutory double patenting rejection (see above) is overcome.
The following is a statement of reasons for the indication of allowable subject matter.
Artificial lift systems are very well known in the art including beam pump and fluid level monitoring and controlling systems. Representative art which appears close to the claimed invention includes Nimbalkar et al. (US 20220381120), Hill et al. (US 20140262245), Hasten et al. (US 4744729), Fitzpatrick (US 4125163), Redmond et al. (US 20230272793), Schaupp et al. (US 20220356801), Sobin et al. (US 20180038366), Roberson et al. (US 20090055029), Anderson et al. (US 20120283950), Al Assad et al. (US 20170268500), and Al Assad et al. (US 20170037845). In general, this art, alone or in combination, discloses various recited features, including but not limited to, a beam pump, a sucker rod pump, a sucker rod string, a motor to drive the beam pump, a variable speed motor, a variable speed drive, monitoring and controlling pump fillage, monitoring and controlling annular fluid level, and disclosing that the pump fillage and annular fluid levels are controlled through varying the motor/pump speeds. However, this art fails to disclose or fairly suggest the specifically combined structural components, operations, and method steps directed at controlling the fluid levels (fillage and annular levels)as well as the specific sequence of operations. It could be argued that the individual structure and steps are generally known in the art and thus, could just be assembled to disclose the claimed invention. However, the instant invention clearly and specifically recites structural relationships, steps, and combinations, which require a greater effort than just cobbling together known structures. Further, the claimed structures are sufficiently detailed to be distinguishable when configured as claimed. The examiner can find no motivation to combine or modify the references which would define a fully functioning apparatus as claimed in the instant application. Thus, it would not have been within routine skill to glean the specifically combined limitations of the instant invention, from the art, without the benefit of hindsight reasoning or extensive experimentation.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARAS P BEMKO whose telephone number is (571)270-1830. The examiner can normally be reached on Monday-Friday 8:00-5:00 (EDT/EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached on 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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/Taras P Bemko/
Primary Examiner, Art Unit 3672
3/4/2026