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 .
Election/Restrictions
Applicant's election with traverse of Species I, claims 1-8, in the reply filed on 8 May 2026 is acknowledged. The traversal is on the ground(s) to preserve the issue for subsequent petition since the requirement is not believed to create an undue burden. This is not found persuasive because the search for the elected Species I did not uncover art related to the non-elected Species II.
Claims 9-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species II, there being no allowable generic or linking claim.
The requirement is still deemed proper and is therefore made FINAL.
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)(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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Coskrey et al., U.S. 11,421,673.
Regarding claim 1, Coskrey et al. discloses a hydraulic fracturing fleet (fig 1; col. 32-38) having a controller (fig 1, controller 190; col. 5, lines 1-3 and lines 23-28) associated with a datavan (col. 5, lines 4-11; the information handling system of pumping system, col. 6, lines 41-45), the controller (190) to switch between diesel-powered components (fig 1, pumps 130b of pumping unit 130 powered by a diesel engine 103a; col. 3, lines 39-42) supported by a diesel engine (103a) and electric-powered components (fig 1, pumps 130b of pumping unit 130 powered by a motor 103e; col. 3, lines 39-42) supported by an electric pump,
the switch to occur upon determination of a failure (col. 5, lines 35-45; failure of an adequate fuel source) that is indicated by the diesel-powered components (diesel engine 103a for driving pumps 103b of the system 103) or the electric-powered components (electrical motor 103e for driving pumps 103b of the system 103) to the controller (controller 190),
wherein the failure indicates a failure of at least one of the diesel-powered components or at least one of the electric-powered components (failure of the component’s power source or delivery), and wherein the controller is configured to shut down the at least one of the diesel- powered components or the at least one of the electric-powered components indicated by the failure and ramp up one of another diesel-powered component or another electric-powered component in response to the shut down (col. 4, lines 16-30; active and inactive periods of operation while other ancillary operations are taken place).
As to claim 2, the reference discloses multi-pump controls (col. 5, lines 23-28) in the datavan to control a diesel or an electric pump of the diesel- powered components and the electric-powered components that are in an interchangeable (col. 5, lines 32-45, same configuration and adaptable fuel/energy usage) combination.
As to claim 3, the reference discloses a sub-component (col. 5, lines 4-13; any component of the information handling system) that is associated with the diesel-powered components (pumps powered by 103a) and with electric-powered components (pumps powered by 103e), the sub-component to communicate an indication from a connected component to the controller (col. 5, lines 7-23).
As to claim 4, the reference discloses electric blenders (blender system 12; col. 4, lines 9-14) of the electric-powered components and associated with back-up counterpart (fluid management system 110 for granular material 125 associated final mixing of the treatment fluid of the blender system 120; col. 2, lines 52-57) blenders.
As to claim 5, the reference discloses a pump operator station (fig 3, truck cab 310; col. 6, line 51 – col. 7, line 15) in the datavan (col. 5, lines 4-11; the information handling system of pumping system, col. 6, lines 41-45) to enable operator occupant of truck 310) control, via the controller (190), of the diesel-powered components and of the electric-powered components.
As to claim 6, the reference disclose waterproof covers (roof of truck 310 appears to be designed to preclude precipitation) provided in the datavan to safeguard the controller (190) of the datavan.
As to claim 7, the reference discloses a redundant diesel (any of 130a of system 130) or electric power (any of 103e of system 103) to power the datavan from within the hydraulic fracturing fleet (col. 2, lines 21-26).
As to claim 8, the reference discloses the controller (190) provides outputs (col. 5, lines 4-13) to fracturing pumps (103b) including start/shutdown commands (active or inactive; col. 4, lines 16-30).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH L THOMPSON whose telephone number is (571)272-7037. The examiner can normally be reached Weekdays; 9:00-5:00, est.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara Schimpf can be reached at 571-270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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20 May 2026
/KENNETH L THOMPSON/ Primary Examiner, Art Unit 3676
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