DETAILED ACTION
The present application is a 371 national stage entry of PCT/US2023/084982.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim 18 is 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.
Claim 18 recites the limitation "the hollow spacers" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-8, 10-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ye et al. (US 2021/0048029)1.
Claim 1. Ye discloses A system for pumping (Abstract; Figs. 1-3), comprising:
an electric submersible pumping system (electrical well pump assembly (ESP) 11) having a submersible pump (pump 12) comprising a plurality of pump stages disposed within an outer pump housing (housing 21) ([0027] “Pump stages are mounted in housing 21 between top bearing 33 and bottom bearing 39.”), each pump stage having an impeller (impeller 43) and a diffuser (diffuser 41), the impeller (43) being rotatable relative to the diffuser (41) to pump fluid through the submersible pump (12) ([0022] – [0040]),
Ye does not expressly disclose the submersible pump incorporating a space out mechanism between the outer pump housing and the plurality of pump stages to reduce the pumping capacity of the submersible pump without reducing the outer diameter of the outer pump housing. However, Ye does disclose a spacer sleeve (65) that fits between the housing (21) and the diffuser (43). Therefore, the Examiner finds that the prior art reference sufficiently renders obvious the claimed invention.
Claims 2-5. Ye discloses The system as recited in claim 1. Regarding the limitations: wherein the space out mechanism comprises a plurality of ring spacers positioned within the outer pump housing, the plurality of ring spacers having diffuser mounting features positioned to hold corresponding diffusers at a spaced distance from the outer pump housing (Claim 2); wherein the ring spacers have internal diameters sized to cooperate with corresponding impellers so as to facilitate pumping as the corresponding impellers are rotated within the ring spacers (Claim 3); wherein the space out mechanism comprises a series of hollow spacers positioned within the outer pump housing, the hollow spacers having diffuser mounting features positioned to hold corresponding diffusers at a spaced distance from the outer pump housing (Claim 4); wherein the hollow spacers have internal diameters sized to cooperate with the corresponding impellers so as to facilitate pumping as the corresponding impellers are rotated within the hollow spacers (Claim 5); Ye discloses a spacer sleeve (65) that fits between the housing (21) and the diffuser (43); wherein the spacer sleeve (65) surrounds an upper portion of the next lower impeller, and the lower portion of the spacer sleeve (65) has the same configuration as the diffuser lip (53) for mating with a diffuser recess (55) of the next lower diffuser ([0030] – [0034]).
Claims 6-7. Ye discloses The system as recited in claim 1. Regarding the limitations: wherein the space out mechanism comprises incorporating thicker wall sections along an interior of the outer pump housing, the thicker wall sections having diffuser mounting features positioned to hold corresponding diffusers at a desired position within the outer pump housing (Claim 6); wherein the thicker wall sections extend continuously along the interior of the outer pump housing (Claim 7); Ye discloses that the spacer sleeve (65) could be integrally formed with the intermediate outer wall (61) (Fig. 3; [0030] – [0033]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the thickness of the wall sections in Ye to the range as claimed, because it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claim 8. Ye discloses The system as recited in claim 1. Regarding the limitation: wherein the space out mechanism comprises a plurality of diffuser inserts positioned within the outer pump housing, each diffuser insert further comprising an impeller section providing a reduced diameter for operatively receiving a corresponding impeller at a desired distance from the outer pump housing; Ye discloses a spacer sleeve (65) that fits between the housing (21) and the diffuser (43); wherein the spacer sleeve (65) surrounds an upper portion of the next lower impeller, and the lower portion of the spacer sleeve (65) has the same configuration as the diffuser lip (53) for mating with a diffuser recess (55) of the next lower diffuser ([0030] – [0034]).
Claim 10. Ye discloses The system as recited in claim 1. Regarding the limitation: wherein the space out mechanism is constructed as a unitary solid spacer wall extending along the plurality of pump stages; Ye discloses that the spacer sleeve (65) could be integrally formed with the intermediate outer wall (61) (Fig. 3; [0030] – [0033]).
Claims 11-18 and 20. These claims are substantively similar to Claims 1-8 and 10. Therefore, the Examiner applies the rejection(s) and rationale(s), above, to Claims 11-18 and 20.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ye et al. (US 2021/0048029)2 in view of Cheah et al. (US 2022/0341435).
Claim 9. Ye discloses The system as recited in claim 1. Ye does not disclose wherein the electric submersible pumping system further comprises a submersible motor and a motor protector which each share a common external diameter with the submersible pump, the submersible motor being coupled with the submersible pump in a manner enabling rotation of the impellers during pumping. However, Cheah teaches a system for pumping (Abstract; Figs. 1-12B), comprising: an electric submersible pumping system (112) comprising a plurality of pump stages disposed within an outer pump housing (housing 230) ([0046] “The pump 112 includes multiple centrifugal pump stages mounted in series within a housing 230, as shown in FIG. 2A.”), each pump stage having an impeller (impeller 210) and a diffuser (diffuser 220), the impeller (210) being rotatable relative to the diffuser (220) to pump fluid through the submersible pump (112) ([0046] – [0047]); and a space out mechanism (spacers 204) between the outer pump housing (230) and the plurality of pump stages (Fig. 2A; [0046]). Cheah further teaches that the ESP typically includes a motor (116) and a protector (115), wherein the motor rotates the shaft, which in turn rotates the impellers within the diffusers (Fig. 1; [0003]; [0045]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the ESP in Ye with a motor and a protector, as taught by Cheah, in order to assist in rotating the impellers within the diffusers with a reasonable expectation of success.
Claim 19. This claim is substantively similar to Claim 9. Therefore, the Examiner applies the rejection and rationale, above, to Claim 19.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Crystal J. Lee whose telephone number is (571)272-6242. The examiner can normally be reached M-F from 8:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at (571) 272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CRYSTAL J LEE/Primary Examiner, Art Unit 3674
1 See also Ye et al. (US 11,415,138)
2 See also Ye et al. (US 11,415,138)
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