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 .
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).
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Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,428,943. Although the claims at issue are not identical, they are not patentably distinct from each other because the difference between the claims is merely the recitation of different offset angle ranges (see 45-120 degrees in the instant application vs. 45-180 degrees of the Patent). However, this involves only an obvious design choice in order to arrange the cylinders in a manner to fit a particular spatial location and/or to accommodate various cylinder sizes. It would have been obvious to one of ordinary skill to choose an offset angle within the claimed range for the pump of the Patent for these reasons.
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.
Claim(s) 1-7, 10, and 12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vilter et al (US Patent No. 2,427,638) in view of Pinkerton (US Patent No. 3,241,896).
Vilter teaches:
limitations from claim 1, a pump (FIG. 1-2), comprising: a pump frame (7) at least partially defining a shaft aperture (at supports 22, 23; FIG. 1-2; C. 3 Lines 31-35); a crankshaft (13, 14) extending through the shaft aperture; a plurality of first plungers (17; first from the left in FIG. 1) connected to the crankshaft and configured to reciprocate relative to the crankshaft as the crankshaft rotates, each of the plurality of first plungers configured to reciprocate in a first plane (see annotated FIG. 2 below); a plurality of second plungers (17; second from the left in FIG. 1) connected to the crankshaft and configured to reciprocate relative to the crankshaft as the crankshaft rotates, each of the plurality of second plungers configured to reciprocate in a second plane (see annotated FIG. 2 below) so as to define a non-zero offset angle between the first plane and the second plane of about forty-five degrees to about one-hundred-twenty degrees (annotated FIG. 2 below; C. 2 Lines 51-55); a plurality of crankpins (19) connected to the crankshaft and each being connected to one of the plurality of first plungers and one of the plurality of second plungers (via the end of rods 18; FIG. 1-2); and a plurality of first connector rods (18) each having a plunger end connected to one of the plurality of first plungers (17; FIG. 1-2), and a crank end (at 19) connected to a corresponding crankpin (19) of the plurality of crankpins, and each crank end of the plurality of first connector rods comprising a crank end connector (see annotated FIG. 2 below); and a plurality of second connector rods (18) each having a plunger end connected to one of the plurality of second plungers (17), and a crank end (at 19) connected to a corresponding crankpin of the plurality of crankpins, and each crank end of the plurality of second connector rods comprising a crank end connector (see annotated FIG. 2 below);
Vilter teaches that the crank ends of piston groups are positioned adjacent one another with no overlap, rather than arranged between one another;
Pinkerton teaches:
limitations from claim 1, a first reciprocating piston (46) having a connecting rod (16), and a second piston (38) having a connecting rod (11); the connecting rods having crank ends (22, 12) about a shaft pin (34); and each crank end of the plurality of first connector rods (16) comprising a pair of crank end connectors (24; FIG. 1); and each crank end of the plurality of second connector rods (11) comprising a crank end connector (12) disposed between the pair of crank end connectors of a corresponding one of the plurality of first connector rods (see FIG. 1-6, 9);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to provide overlapping crank ends to mount the pistons of Vilter, as taught by Pinkerton, in order to reduce axial space constraints by allowing the pistons to overlap in the axial direction of the crankshaft.
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Vilter further teaches:
limitations from claim 2, wherein the non-zero offset angle ranges from about sixty degrees to about one-hundred-twenty degrees (see FIG. 2 wherein the angle is between 90 and 180 degrees);
limitations from claim 3, wherein a first pair of plungers includes a first one of the plurality of first plungers and a first one of the plurality of second plungers (leftmost and rightmost plungers 17 respectively in FIG. 2), and wherein a second pair of plungers includes a second one of the plurality of first plungers and a second one of the plurality of second plungers (second grouping of plungers 17 axially displaced from the first group as shown in FIG. 1);
limitations from claim 4, wherein each of the plurality of crankpins (19) is offset from a longitudinal rotation axis of the crankshaft (FIG. 1; C. 3 Lines 15-16); wherein the first and second plungers each are configured to move in first and second directions to discharge and to draw-in fluid; and wherein each of the plurality of first plungers is configured to draw in fluid at a first pressure and discharge fluid at a second pressure greater than the first pressure, and each of the plurality of second plungers configured to draw in fluid at a third pressure and discharge fluid at a fourth pressure greater than the third pressure (C. 3 Lines 10-75 and C. 4 Lines 60-75; Vilter teaches reciprocating pistons within cylinders and discharge valves to handle pressurized fluid, the function of such a pump is widely known);
limitations from claim 5, wherein each of the plurality of connector rods (18) comprises a plunger end (at plunger 17) pivotably connected to one of the plurality first plungers or one of the plurality of second plungers (see wrist pins 45; C. 4 Lines 7-12);
limitations from claim 6, further comprising a drive assembly configured to be driven by one or more prime movers (C. 3 Lines 5-6);
limitations from claim 7, wherein the one or more prime movers comprise one or more gas turbine engines, electric motors, or combinations thereof (C. 3 Lines 5-6);
limitations from claim 10, wherein one or more of: the plurality of first plungers reciprocate in a first direction away from the crankshaft (towards valves 30) and a second direction opposite the first direction and toward the crankshaft (towards shaft 14), the first direction and the second direction lie in the first plane (as shown in annotated FIG. 2 above), the first direction having a downward component and an outward component, and the second direction having an upward component and an inward component (see FIG. 2, the pistons 17 move out and away from the shaft 14 on one stroke and inward and towards shaft 14 on the return stroke; the upward/downward component is merely a function of the pumps orientation when installed); or the plurality of second plungers reciprocates in a third direction away from the crankshaft and a fourth direction opposite the third direction and toward the crankshaft, the third direction and the fourth direction lying in the second plane, the third direction having a downward component and an outward component, and the fourth direction having an upward component and an inward component.
limitations from claim 12, wherein the pump frame comprises a plurality of pump frame sections (the bottom, top and sidewalls of casing 7), each of the plurality of pump frame sections at least partially defining the shaft aperture; and wherein at least one of the plurality of pump frame sections has an inverted V-shaped cross-section as viewed in a direction substantially parallel to a longitudinal axis of the crankshaft (see annotated FIG. 2 below);
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Pinkerton further teaches:
limitations from claim 13, where each of the first pistons is aligned with a corresponding one of the second pistons such that each of the first piston and second piston are bisected by a plane (see annotated FIG. 9 below) that is perpendicular to each of the first plane and the second plane (the combination of Pinkerton would align the pistons of Vilter left-right in FIG. 2, perpendicularly to shaft 13-14);
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It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to provide overlapping crank ends to mount the pistons of Pandeya, as taught by Pinkerton, in order to reduce axial space constraints by allowing the pistons to overlap in the axial direction of the crankshaft.
Vilter further teaches:
limitations from claim 14, a pump (FIG. 1-2), comprising: a pump frame (7) at least partially defining a shaft aperture (at supports 22, 23; FIG. 1-2; C. 3 Lines 31-35); a crankshaft (13, 14) extending through the shaft aperture; a plurality of first plungers (17; first from the left in FIG. 1) connected to the crankshaft and configured to reciprocate relative to the crankshaft as the crankshaft rotates, each of the plurality of first plungers configured to reciprocate in a first plane (see annotated FIG. 2 below); a plurality of second plungers (17; second from the left in FIG. 1) connected to the crankshaft and configured to reciprocate relative to the crankshaft as the crankshaft rotates, each of the plurality of second plungers configured to reciprocate in a second plane (see annotated FIG. 2 below) so as to define a non-zero offset angle between the first plane and the second plane of about forty-five degrees to about one-hundred-twenty degrees (annotated FIG. 2 below; C. 2 Lines 51-55); a plurality of crankpins (19) connected to the crankshaft and each being connected to one of the plurality of first plungers and one of the plurality of second plungers (via the end of rods 18; FIG. 1-2); and a plurality of first connector rods (18) each having a plunger end connected to one of the plurality of first plungers (17; FIG. 1-2), and a crank end (at 19) connected to a corresponding crankpin (19) of the plurality of crankpins, and each crank end of the plurality of first connector rods comprising a crank end connector (see annotated FIG. 2 below); and a plurality of second connector rods (18) each having a plunger end connected to one of the plurality of second plungers (17), and a crank end (at 19) connected to a corresponding crankpin of the plurality of crankpins, and each crank end of the plurality of second connector rods comprising a crank end connector (see annotated FIG. 2 below); wherein a first pair of plungers includes a first one of the plurality of first plungers and a first one of the plurality of second plungers (leftmost and rightmost plungers 17 respectively in FIG. 2), and wherein a second pair of plungers includes a second one of the plurality of first plungers and a second one of the plurality of second plungers (second grouping of plungers 17 axially displaced from the first group as shown in FIG. 1)
Vilter teaches that the crank ends of piston groups are positioned adjacent one another with no overlap, rather than arranged between one another;
Pinkerton teaches:
limitations from claim 14, a first reciprocating piston (46) having a connecting rod (16), and a second piston (38) having a connecting rod (11); the connecting rods having crank ends (22, 12) about a shaft pin (34); and each crank end of the plurality of first connector rods (16) comprising a pair of crank end connectors (24; FIG. 1); where each of the first pistons is aligned with a corresponding one of the second pistons such that each of the first piston and second piston are bisected by a plane (see annotated FIG. 9 below) that is perpendicular to each of the first plane and the second plane (the combination of Pinkerton would align the pistons of Vilter left-right in FIG. 2, perpendicularly to shaft 13-14);
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It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to provide overlapping crank ends to mount the pistons of Vilter, as taught by Pinkerton, in order to reduce axial space constraints by allowing the pistons to overlap in the axial direction of the crankshaft.
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Vilter further teaches:
limitations from claim 15, wherein the non-zero offset angle ranges from about sixty degrees to about one-hundred-twenty degrees (see FIG. 2 wherein the angle is between 90 and 180 degrees);
limitations from claim 16, wherein each of the plurality of crankpins (19) is offset from a longitudinal rotation axis of the crankshaft (FIG. 1; C. 3 Lines 15-16); wherein the first and second plungers each are configured to move in first and second directions to discharge and to draw-in fluid; and wherein each of the plurality of first plungers is configured to draw in fluid at a first pressure and discharge fluid at a second pressure greater than the first pressure, and each of the plurality of second plungers configured to draw in fluid at a third pressure and discharge fluid at a fourth pressure greater than the third pressure (C. 3 Lines 10-75 and C. 4 Lines 60-75; Vilter teaches reciprocating pistons within cylinders and discharge valves to handle pressurized fluid, the function of such a pump is widely known);
limitations from claim 17, wherein each of the plurality of connector rods (18) comprises a plunger end (at plunger 17) pivotably connected to one of the plurality first plungers or one of the plurality of second plungers (see wrist pins 45; C. 4 Lines 7-12);
Vilter further teaches:
limitations from claim 18, a pump (FIG. 1-2), comprising: a pump frame (7) at least partially defining a shaft aperture (at supports 22, 23; FIG. 1-2; C. 3 Lines 31-35); a crankshaft (13, 14) extending through the shaft aperture; a plurality of first plungers (17; first from the left in FIG. 1) connected to the crankshaft and configured to reciprocate relative to the crankshaft as the crankshaft rotates, each of the plurality of first plungers configured to reciprocate in a first plane (see annotated FIG. 2 below); a plurality of second plungers (17; second from the left in FIG. 1) connected to the crankshaft and configured to reciprocate relative to the crankshaft as the crankshaft rotates, each of the plurality of second plungers configured to reciprocate in a second plane (see annotated FIG. 2 below) so as to define a non-zero offset angle between the first plane and the second plane of about forty-five degrees to about one-hundred-twenty degrees (annotated FIG. 2 below; C. 2 Lines 51-55); a plurality of crankpins (19) connected to the crankshaft and each being connected to one of the plurality of first plungers and one of the plurality of second plungers (via the end of rods 18; FIG. 1-2); and a plurality of first connector rods (18) each having a plunger end connected to one of the plurality of first plungers (17; FIG. 1-2), and a crank end (at 19) connected to a corresponding crankpin (19) of the plurality of crankpins, and each crank end of the plurality of first connector rods comprising a crank end connector (see annotated FIG. 2 below); and a plurality of second connector rods (18) each having a plunger end connected to one of the plurality of second plungers (17), and a crank end (at 19) connected to a corresponding crankpin of the plurality of crankpins, and each crank end of the plurality of second connector rods comprising a crank end connector (see annotated FIG. 2 below); wherein a first pair of plungers includes a first one of the plurality of first plungers and a first one of the plurality of second plungers (leftmost and rightmost plungers 17 respectively in FIG. 2), and wherein a second pair of plungers includes a second one of the plurality of first plungers and a second one of the plurality of second plungers (second grouping of plungers 17 axially displaced from the first group as shown in FIG. 1); wherein each of the plurality of crankpins (19) is offset from a longitudinal rotation axis of the crankshaft (FIG. 1; C. 3 Lines 15-16); wherein the first and second plungers each are configured to move in first and second directions to discharge and to draw-in fluid; and wherein each of the plurality of first plungers is configured to draw in fluid at a first pressure and discharge fluid at a second pressure greater than the first pressure, and each of the plurality of second plungers configured to draw in fluid at a third pressure and discharge fluid at a fourth pressure greater than the third pressure (C. 3 Lines 10-75 and C. 4 Lines 60-75; Vilter teaches reciprocating pistons within cylinders and discharge valves to handle pressurized fluid, the function of such a pump is widely known);
Vilter teaches that the crank ends (47, 65) of piston groups are positioned adjacent one another with no overlap, rather than arranged between one another;
Pinkerton teaches:
limitations from claim 18, a first reciprocating piston (46) having a connecting rod (16), and a second piston (38) having a connecting rod (11); the connecting rods having crank ends (22, 12) about a shaft pin (34); and each crank end of the plurality of first connector rods (16) comprising a pair of crank end connectors (24; FIG. 1); where each of the first pistons is aligned with a corresponding one of the second pistons such that each of the first piston and second piston are bisected by a plane (see annotated FIG. 9 below) that is perpendicular to each of the first plane and the second plane (the combination of Pinkerton would align the pistons of Vilter left-right in FIG. 2, perpendicularly to shaft 13-14);
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It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to provide overlapping crank ends to mount the pistons of Vilter, as taught by Pinkerton, in order to reduce axial space constraints by allowing the pistons to overlap in the axial direction of the crankshaft.
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Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vilter et al (US Patent No. 2,427,638) in view of Pinkerton (US Patent No. 3,241,896) as applied to claims 1 and 6 above, and in further view of Boguski et al (US Patent No. 11,168,681).
Vilter teaches a single drive/crank shaft (14) rather than a pinion geared connector shaft;
Boguski teaches:
limitations from claim 8, a pump (10) including a frame (12), a crankshaft (40) for driving pump pistons (86); wherein the drive assembly comprises: a first pinion gear (56) engaged with the crankshaft at a first end of the pump frame (FIG. 2A); a connector shaft (50, 52, 54) having a first end connected to the first pinion gear; and a second pinion gear (56) connected to a second end of the connector shaft at a second end of the pump frame, and engaged with the crankshaft at the second end of the pump frame; wherein the first pinion gear is configured to drive the crankshaft at the first end of the pump frame upon rotation of the crankshaft, such that the connector shaft drives the second pinion gear at the second end of the pump frame, and the second pinion gear drives the crankshaft at the second end of the pump frame (FIG. 2A; C. 4 Line 1-67);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to substitute one known crankshaft drive for another, such as the pinion shaft driven crankshaft of Boguski for the in-line driven crankshaft of Vilter, in order to reach an expected result (in this case the driving of a rotary pump shaft). Additionally, the pinion shaft drive of Boguski is known in the art of reciprocating pumps (C. 4 Lines 51-53), and results in an easily adjustable gearing drive with simplified assembly (C. 5 Lines 1-41 of Boguski);
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vilter et al (US Patent No. 2,427,638) in view of Pinkerton (US Patent No. 3,241,896) as applied to claims 1 and 6 above, and in further view of Cui et al (US PGPub No. 2021/0123434).
Vilter does not teach a planetary gearing connected to the crankshaft;
limitations from claim 9, a pump (1, 2; FIG. 1) having a drive assembly (3); wherein the drive assembly comprises: at least one planetary gearbox (31) connected to the pump at a first end of the pump frame (at gearbox 2; FIG. 1), at a second end of the pump frame, or at both the first and the second end of the pump frame, the planetary gearbox comprising: a sun gear (34) engaged with the crankshaft at the first end of the pump frame (paragraph 31); a ring gear (32) surrounding the sun gear; and a plurality of planetary gears (33) disposed between the ring gear and the sun gear and configured to engage with the ring gear, and sun gear such that rotation of the sun gear is translated to the ring gear (paragraph 31);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to provide a planetary gearing assembly the drive the crankshaft of the pump of Vilter, as taught by Cui, in order to control and condition the speed imparted to the pump via the pump motor to achieve a desired output;
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vilter et al (US Patent No. 2,427,638) in view of Pinkerton (US Patent No. 3,241,896) as applied to claim 18 above, and in further view of Albertin et al (US Patent No. 5,364,777).
Vilter teaches rows of cylinder banks with common fluid ends (see suction 8 and discharge 9), rather than first and second fluid ends;
Albertin teaches:
a pump (FIG. 1-3 for example) including a crankshaft (1) about which a plurality of plungers (4) are arranged; said plungers including first (D) and second (D, see radial assemblies adjacent one another as in FIG. 2) plurality of plungers; and
limitations from claim 19-20, and wherein a first fluid end (6, 50; FIG. 5 and 31) connected to the pump frame such that the plurality of first plungers draw fracturing fluid into the first fluid end (via inlet 8) and discharge the fracturing fluid from the first fluid end (via outlet 14); and a second fluid end (6, 50; FIG. 5 and 31) connected to the pump frame such that the plurality of second plungers draw fracturing fluid into the second fluid end (via inlet 8) and discharge the fracturing fluid from the second fluid end (via outlet 14);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to arrange and utilize the pistons of Vilter in a manner such that different sets of plungers provide different fluids to select destinations via dedicated fluid ends, as taught by Albertin, in order to allow a single pump to satisfy a plurality of user demands for pressurized fluid.
Allowable Subject Matter
Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding the limitations of claim 4, the prior art does not teach plunger pairs as claimed, such that each pair includes a first plunger and a second plunger from different planes; and further wherein the plunger pairs are engaged in a non-consecutive sequence along the rotation axis to cancel forces;
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 8388317, 7281519, 6669453, 6401472, 4050862, 2956738, 2572711, and 3692434 teaches radial piston pumps;
US 20120023973, 2007/0098580 teach overlapping piston connecting rod arrangements;
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S BOBISH whose telephone number is (571)270-5289. The examiner can normally be reached Mon-Fri 9-5.
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/CHRISTOPHER S BOBISH/Examiner, Art Unit 3746