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 .
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.
Claims 1-21 are 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 1 recites the limitation "a second vertical axis" in line 13. There is insufficient antecedent basis for this limitation in the claim because a first vertical axis has not been established by the claim language (in other words, how can there be a second vertical axis without there also being a first vertical axis).
Regarding claim 16, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Any claim that depends from an indefinite claim is considered to be equally indefinite at this time.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 7, and 14-16 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US 3324741 to Anderson.
Regarding claim 1 (as best understood with respect to the 112 rejection above), Anderson discloses a piping system to recover fluid from a well, comprising: at least a fluid flow pipe (14); at least a valve (18), comprising a valve stem (24) configured to be mobile along a first horizontal axis (horizontal as viewed in fig. 4) in the flow pipe between at least one open position in which fluid is able to flow in the flow pipe and a closed position in which fluid is unable to flow in the flow pipe (fig. 1); and for the or each valve: a valve jack, having an actuating rod (82) connected to the valve, the rod (82) being configured to translate along the first horizontal axis to move the valve stem between the at least one open position and the closed position, and a port (69) mechanically connected to the rod (through 66 and 68), the port being configured to be rotated by an actuator (42) to translate the rod, characterized in that the port is rotatable about a first vertical axis (the axis from 140 to 132 in fig. 4) orthogonal to the first horizontal axis (see figs. 1-4; col. 1, lines 9-26; col. 2, lines 54-72).
Regarding claim 2, the piping system according to claim 1, wherein the valve jack comprises an intermediate gear (68) converting the rotation of the port about the vertical axis in a translation of the rod along the first horizontal axis (fig. 4).
Regarding claim 3, the piping system according to claim 2, wherein the valve jack is a screw jack, the rod having an outer thread (80), the port having a worm shaft with an external thread, the intermediate gear being in mesh externally with the external thread and in mesh internally with the outer thread (figs. 2-4; col. 6, lines 3-66).
Regarding claim 4, the piping system according to claim 1, wherein the port comprises a free upper end (upper is relative to how the element is viewed) equipped with a bucket to receive a rotatable actuator head (132; fig. 4).
Regarding claim 5, the piping system according to claim 1, wherein the valve jack has a housing (44) defining a horizontal access opening (136) opposed to a first end of the rod acting on the at least one valve, a second end of the rod protruding through the horizontal access opening to allow a direct actuation of the rod by translation of a horizontal actuator (142; figs. 1 and 4).
Regarding claim 7, the piping system according to claim 1, comprising an outer framework (44), the or each flow pipe and the or each valve being at least partially contained in the outer framework, the outer framework defining an upper access opening (99) emerging upwardly to allow an access to the or each port of the or each valve jack (figs. 2-3).
Regarding claim 14, the piping system according to claim 1, wherein the piping system is at the very least a subsea distribution unit (col. 1, lines 9-26).
Regarding claim 15, Anderson discloses a method to recover fluid from a well, comprising: flowing a fluid from the well in at least a fluid flow pipe (14) of a piping system according to claim 1, rotating the port (69) of the valve jack by an actuator (42) about the first rotation axis to translate the rod of the valve along the first horizontal axis, moving the valve stem, along the first horizontal axis in the flow pipe between the at least one open position in which fluid is able to flow in the flow pipe and the closed position in which fluid is unable to flow in the flow pipe (see figs. 1-4; col. 1, lines 9-26; col. 2, lines 54-72).
Regarding claim 16, as best understood with respect to the 112 rejection above, the method according to claim 15, wherein the fluid comprises hydrocarbon fluid produced from the well (petroleum or gas; col. 1, lines 55-57).
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson in view of US 20180266214 to Robinson et al.
Anderson teaches the piping system from claim 1 above that includes a flow pipe and a valve with a valve stem (see rejection of claim 1, especially for the valve rod and port). However, it is not explicitly taught that the system includes a plurality of pipes and valves.
Robinson teaches a piping system similar to that of Anderson, wherein it is further taught that there is a plurality of valves 12 with valve stems 54, with each valve associated with a flow pipe (fig. 2; paragraphs 0010-0014). It would have been obvious to one of ordinary skill in the art, having the teachings of Anderson and Robinson before him prior to the effective filing date of the claimed invention, to modify the system taught by Anderson to include the plurality of pipes and valves of Robinson, in order to obtain the predictable result of better controlling the flow of fluids out of, or into, the well. It would have been equally obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention, to comprise a plurality of pipes and valves, as it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Claim(s) 8 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson.
Anderson teaches the piping system according to claim 7, comprising a movable panel (99) movably mounted on the outer framework in a covering position covering the upper access opening (figs. 2-3). However, it is not explicitly taught that the covering has an access position at least partially apart from the upper access opening, preferentially totally apart from the outer framework.
Nevertheless, it is taught that the covering is attached to the framework with bolts (col. 3, lines 70-72). It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention, that once the bolts are removed, the covering can be totally removed from the framework. As is well-known in the art, this is the reason for using removable connections, such as bolts, so that components can be removed to access other components.
Allowable Subject Matter
Claims 9-13 and 17-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4077671 teaches a valve stem 370 that is moveable horizontally (fig. 7). US 20140054487 teaches a valve driven by an actuating rod along the same axis (fig. 3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANE BOMAR whose telephone number is (571)272-7026. The examiner can normally be reached 7:30am-3:30pm EST M-Th.
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/SHANE BOMAR/
Primary Examiner
Art Unit 3674