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 .
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 4 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 4 recites the limitation "said outlet end" in line 4. 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.
Claims 1-2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Chong (US 2019/0264517) in view of Astrid (US 2019/0055797).
With respect to claim 1: Chong discloses an automated drilling-fluid additive system for on-site analysis and additive treatment of drilling fluid to be introduced into a well (Figs. 1-2), comprising:
b) a chemical-addition unit (200, 205, 210, 44), said chemical-addition unit being in fluid communication with an upstream end (Fig. 3 shows fluid communication);
c) at least one tote (400, 405; ¶ [0030]) interchangeably mounted near said chemical-addition unit (¶ [0030]; Figs. 2, 6, 7);
d) a tote fluid line (115; 58 between 400 and 56) corresponding to each said tote (¶ [0024, 0074]; Figs. 1, 6), adapted to convey additive fluid into said chemical-addition unit (¶ [0024, 0074]; Figs. 2, 6, 7);
e) an inline diagnostic unit (¶ [0020, 0037, 0068, 0070]) mounted in said chemical-addition unit adapted to take measurements of flowing drilling fluid in real time (¶ [0020, 0037, 0068, 0070]);
f) a controller (600) adapted to analyze data received from said inline diagnostic unit via a diagnostic-unit connector (¶ [0024]), and to control the addition of additives based on such analysis (¶ [0028, 0031]);
g) a flow-control device (56) corresponding to each said tote fluid line (Fig. 3) and an injection line (58 between 56 and 52 in Fig. 3) adapted to control the flow of an additive from each said tote through each said injection line according to control signals generated by said controller and communicated over a control line (¶ [0048, 0054]);
h) a mixing unit (80) operationally connected to said chemical-addition unit (¶ [0051-52, 0060, 0062]; Fig. 3); and
i) a controller communication unit (¶ [0031, 0033-34]) upon said controller adapted to report operational data to, and receive instructions from, a remote communication unit (¶ [0031, 0033-34]).
Chong does not disclose a) an upstream end having an inlet fluidly connected to the well.
Astrid teaches an upstream end (12 and 13) having an inlet (inlet into 13) fluidly connected to a well (¶ [0030-31]; Fig. 1) and that receive returned drilling fluid from the well (¶ [0030-31]; Fig. 30). It would be obvious to one having ordinary skill in the art before the effective filing date to combine the returned drilling fluid system of Astrid with the invention of Chong with a reasonable expectation of success since doing so would allow the drilling fluid to be reused in order to reduce the need for additional fluid and allow for automatic adjustments to the returned fluid to improve its properties (Astrid Abstract; ¶ [0030-31]).
With respect to claim 2: Chong from the combination of Chong and Astrid further teaches an intake pump (54) operationally connected to the inlet (Figs. 1, 3 show the entire flow path is connected). The combination of Chong and Astrid does not teach the intake pump further comprises being adapted to provide 150 psi. However, Chong does teach applying different pressures (¶ [0020, 0048, 0055]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date, to contrive any number of desirable ranges/values for the pressure limitation disclosed by Applicant with a reasonable expectation of success, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges/value involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Further, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977).
With respect to claim 4: Chong from the combination of Chong and Astrid further teaches an intake pump (54) operationally connected to the inlet (Figs. 1, 3 show the entire flow path is connected), where said intake pump is configured to provide additional pressure (¶ [0020, 0048, 0055]) sufficient to supply an increased flow of blended drilling fluid at said outlet end (64 – “said outlet end”, 700; ¶ [0020, 0048, 0055]); Figs. 1-3; an increase pressure at the pump will lead to an increase in flow throughout the flow system including at 64 when valve 56 is open and valve 84 is closed). Examiner notes that outlet end is not defined other then being a location of increased flow of blending fluid.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Chong and Astrid as applied to claim 1 above, and further in view of Cook (WO 2004092530).
With respect to claim 3: Chong from the combination of Chong and Astrid further teaches an intake pump (54) operationally connected to the inlet (Figs. 1, 3 show the entire flow path is connected), where said intake pump is configured to sense pressure (¶ [0034-35]) alter the pressure in response (¶ [0034-35]). The combination of Chong and Astrid does not explicitly teach the pressure sensed is backpressure and the altering of the pressure is to lower the applied pressure in response.
Cook teaches it is known in the art to lower an applied pressure in response to a backpressure (¶ [0023, 0029]). It would be obvious to one having ordinary skill in the art before the effective filing date to combine the backpressure alterations of Cook with the invention of Chong and Astrid with a reasonable expectation of success since doing so would allow the backpressure to be controlled and operations to be preformed (Cook ¶ [0023, 0029]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTYN A HALL whose telephone number is (571)272-8384. The examiner can normally be reached M-F 9:00-5:00.
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/KRISTYN A HALL/Primary Examiner, Art Unit 3672