UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONERFORPATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`14/882,973
`
`10/14/2015
`
`John Oren
`
`355.1002X5
`
`6777
`
`7590
`160157
`LKGLOBAL (U.S. Silica)
`7010 E. COCHISE ROAD
`SCOTTSDALE, AZ 85253
`
`07/23/2019
`
`EXAMINER
`
`ENGLISH. PETER C
`
`ART UNIT
`
`PAPER NUMBER
`
`3993
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/23/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`USSilica@lkglobal.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`14/882,973
`
`Examiner
`Peter C English
`
`Applicant(s)
`Oren et al.
`
`Art Unit
`3993
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`-
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`1 )0 Responsive to communication(s) filed on 26 June 2019.
`0 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`2a)0 This action is FINAL.
`2b) 0 This action is non-final.
`3)0 An election was made by the applicant in response to a restriction requirement set forth during the interview on
`__ ; the restriction requirement and election have been incorporated into this action.
`4)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`.
`
`Disposition of Claims*
`1-7,9 and 11-18 is/are pending in the application.
`5) 0 Claim(s)
`5a) Of the above claim(s) 1-6 is/are withdrawn from consideration.
`6) O Claim(s) __ is/are allowed.
`7) 0 Claim(s) 7,9 and 11-18 is/are rejected.
`8) O Claim(s) __ is/are objected to.
`9) O Claim(s) __ are subject to restriction and/or election requirement
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Application Papers
`10)0 The specification is objected to by the Examiner.
`11 )0 The drawing(s) filed on 14 October 2015 is/are: a)O accepted or b)0 objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)O All
`c)O None of the:
`b)O Some**
`1.0 Certified copies of the priority documents have been received.
`Certified copies of the priority documents have been received in Application No. __ .
`2.0
`Copies of the certified copies of the priority documents have been received in this National Stage
`3.0
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment{s)
`1) O Notice of References Cited (PTO-892)
`2) 0 Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date 1/29/19; 6/26/19.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`3) O Interview Summary (PTO-413)
`Paper No(s)/Mail Date __ .
`4) O Other: __ .
`
`Part of Paper No./Mail Date 20190717
`
`

`

`Application/Control Number: 14/882,973
`Art Unit: 3993
`
`Page 2
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`DETAILED ACTION
`
`Status of Submission
`
`1.
`
`This Office action is responsive to applicant's submission filed on June 26, 2019, which
`
`has been entered.
`
`Objections to Amendment -New Matter
`
`2.
`
`The amendment filed on June 26, 2019 is objected to under 35 U.S.C. 132(a), which
`
`states that no amendment shall introduce new matter into the disclosure of the invention.
`
`Specifically, the amendment introduces new matter because there is no support in the original
`disclosure 1 for the inclined sides 602 (short sides 604Al, 604A2 and long sides 604Bl, 604B2)
`
`of the discharge chute (i.e., hopper) 600 "terminating at a discharge opening" (claim 7, 11. 14-15;
`
`claim 16, 11. 10-11).
`
`The original disclosure describes the hopper 600 as including a top portion 606 and a
`
`bottom portion 608, and describes the bottom portion 608 as including the discharge opening
`
`610. See CJ{ 0068 of the specification. See also the description of the inclined sides 602 (short
`
`sides 604Al, 604A2 and long sides 604Bl, 604B2) in CJICJI 67, 68, 80 and 83 of the specification,
`
`which paragraphs fail to describe the inclined sides as "terminating at a discharge opening".
`
`While Figs. 5A-5C could possibly be interpreted as showing the inclined sides as terminating at
`
`the discharge opening 610, such an interpretation is clearly contradicted by the illustration of the
`
`hopper 600 in Figs. 7 A-7B. Note that Figs. 7 A-7B show the hopper 600 as including walls
`
`extending downwardly from the inclined sides 604Al, 604Bl toward the conveyor 1000, thereby
`
`spacing the discharge opening 610 downward from the inclined sides of the hopper 600. Thus,
`
`the drawings cannot be relied upon, apart from any supporting disclosure in the specification, as
`
`providing support for the newly-claimed definition of the inclined walls as "terminating at a
`
`discharge opening".
`
`3.
`
`Applicant is required to cancel the new matter in the reply to this Office Action.
`
`1 The "original disclosure" is the disclosure of the instant continuation-in-part application as filed on
`October 14, 2015.
`
`

`

`Application/Control Number: 14/882,973
`Art Unit: 3993
`
`4.
`
`The instant application was identified, on filing, as all of:
`
`Correction of Priority Claim
`
`Page 3
`
`PRIORITY CHAIN A: a continuation-in-part of Application No. 14/676,039, which
`
`claims the benefit of provisional Application Nos. 62/012,160, 62/014,479
`
`and 62/114,614.
`
`PRIORITY CHAIN B: a continuation-in-part of Application No. 13/555,635, and a
`
`continuation-in-part of Application No. 13/628,702, which is a continuation(cid:173)
`
`in-part of Application No. 13/555,635.
`
`PRIORITY CHAIN C: a continuation-in-part of Application No. 14/834,511, which
`
`is an application for reissue of Patent No. 8,585,341, which is a continuation
`
`of Application No. 13/628,702, which is a continuation-in-part of Application
`
`No. 13/555,635.
`
`PRIORITY CHAIN D: a continuation-in-part of Application No. 14/882,973, which
`
`is a continuation-in-part of Application No. 13/628,702, which is a
`
`continuation-in-part of Application No. 13/555,635.
`
`See the Application Data Sheet (ADS) and the first paragraph of the specification, both of
`
`which were filed on October 14, 2015 as part of the original application.
`
`5.
`
`Via the corrected ADS and the amendments to the first paragraph of the specification
`
`filed on April 25, 2018, the applicant has deleted PRIORITY CHAIN C from the priority claim.
`
`In response, the Office issued a corrected Filing Receipt on April 30, 2018.
`
`6.
`
`Prior to the deletion of PRIORITY CHAIN C, the instant application was a Bauman type
`
`continuing application. See the explanation in items 2-6 of the prior Office action mailed on May
`
`10, 2017. As a result of the deletion of PRIORITY CHAIN C, the instant application is no longer
`
`a Bauman type continuing application.
`
`Election/Restriction
`
`7.
`
`Applicant elected Invention II (claims 7-20), without traverse, in the reply filed on May
`
`11, 2016. Accordingly, claims 1-6 are withdrawn from further consideration by the examiner as
`
`being drawn to a non-elected invention. See 37 CFR 1.142(b).
`
`

`

`Application/Control Number: 14/882,973
`Art Unit: 3993
`
`Page 4
`
`Effective Filing Date
`
`8.
`
`Claims 7, 9 and 11-18 of the instant continuation-in-part application are not entitled to
`
`the filing date of any of parent Application Nos. 14/834,511, 14/676,039, 13/768,962,
`
`13/660,866, 13/628,702 and 13/555,635 or to the filing date of any of provisional Application
`
`Nos. 62/012,160, 62/014,479 and 62/114,614 because each of these prior applications fails to
`
`provide sufficient support under 35 USC l 12(a) for at least the following limitations recited in
`
`the claims of the instant application:
`
`• A discharge gate at the discharge opening of each discharge chute positionable
`
`with respect to the respective discharge chute for varying the respective discharge
`
`opening to control the amount of fracking proppant delivered from the respective
`
`proppant containers onto the conveyor belt (see claim 7, 11. 16-19), wherein each
`
`discharge gate is movable relative to the respective discharge chute providing a
`
`controllable discharge opening to control the amount of fracking proppant
`
`dispensed onto the conveyor belt (claim 9).
`
`• A controller configured to move each discharge gate relative to the respective
`
`discharge chute for adjusting the respective discharge opening and the discharge
`
`of the fracking proppant onto the conveyor belt (see claims 11 and 17), with the
`
`controller having a user interface in wireless communication therewith (see claims
`
`12, 13 and 18).
`
`• Container slide gates that are independently operable from respective discharge
`
`chutes (see claim 15).
`
`• A discharge gate positioned at the discharge opening for each of the discharge
`
`chutes to control the amount of fracking proppant delivered from the respective
`
`proppant containers onto the conveyor belt, wherein each discharge gate is
`
`positionable with respect to the respective discharge chute for varying the
`
`respective discharge opening to control the amount of fracking proppant
`
`dispensed onto the conveyor belt (see claim 16, 11. 17-23).
`
`It is noted that prior Application No. 13/628,702 discloses: a hopper 84 positioned on a
`
`support structure 60 directly below an outlet 36 of a container 10, with a metering gate 90
`
`positioned adjacent to an opening 88 at the bottom of the hopper 84, wherein the metering gate
`
`

`

`Application/Control Number: 14/882,973
`Art Unit: 3993
`
`Page 5
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`90 is slidable over small distances between open and closed positions by actuators I 00, I 02 that
`
`are affixed to the metering gate 90 and that are part of a hydraulic system, and wherein the
`
`metering gate 90 has a plurality slots cooperating with a plurality of slots in the hopper opening
`
`88, such that proppant is metered through the metering gate 90 at a controlled flow rate so as to
`
`be discharged therefrom onto a conveyor 86. See Figs. 5-8 and CJ{CJ{ 0050, 0053, 0075-0079 and
`
`0086 of the corresponding pre-grant Pub. No. 2015/0183578.
`
`However, prior Application No. 13/628,702 fails to provide sufficient support under 35
`
`USC l 12(a) for the disclosed actuator-driven metering gate 90 because the prior application fails
`
`to describe the specific manner in which the actuator-driven metering gate 90 is embodied,
`
`including the specific structure of the metering gate that supports it relative to the hopper and
`
`enables it to slide between open and closed positions, the specific manner in which the actuators
`
`are affixed to and/or supported by the metering gate and the hopper, the specific structure of the
`
`actuators and their associated hydraulic system, and the control mechanisms used to operate the
`
`actuators such that the actuators are able to move the metering gate over small distances to
`
`control the flow rate. Rather, prior Application No. 13/628,702 only describes the actuator(cid:173)
`
`driven metering gate 90 in general terms, which does not comply with the disclosure
`
`requirements of 35 USC l 12(a) for the claimed controllable discharge gate. See MPEP 211.05.
`
`In addition, the actuator-driven metering gate 90 described in Application No. 13/628,702
`
`differs significantly (in both structure and function) from the hopper gate 612 disclosed in the
`
`instant continuation-in-part application as the structure corresponding to the discharge gate
`
`recited in claims 7, 9, 11 and 15-17 of the instant application. Thus, the actuator-driven metering
`
`gate 90 described in Application No. 13/628,702 cannot be relied upon to fulfill the disclosure
`
`requirements of 35 USC 112(a) for the claimed controllable discharge gate.
`
`Further, prior Application No. 13/628,702 also fails to comply with the disclosure
`
`requirements of 35 USC 112(a) for the controller, user interface and wireless communication of
`
`claims 11-13, 17 and 18. There is no discussion of the claimed controller, user interface and
`
`wireless communication in Application No. 13/628,702.
`
`Accordingly, the effective filing date of claims 7, 9 and 11-18 is October 14, 2015, i.e.,
`
`the actual filing date of this application.
`
`

`

`Application/Control Number: 14/882,973
`Art Unit: 3993
`
`Page 6
`
`9.
`
`Further, claims 7, 9 and 11-18 of the instant continuation-in-part application are not
`
`entitled to the filing date of any of parent Application Nos. 14/834,511, 13/768,962, 13/660,866,
`
`13/628,702 and 13/555,635 or to the filing date of any of provisional Application Nos.
`
`62/012,160 and 62/014,479 because each of these prior applications also fails to provide
`
`sufficient support under 35 USC l 12(a) for a conveyor belt supported beneath the pair of support
`
`rails and extending from the first end to the second end (see claim 7, 11. 10-11; claim 16, 11. 8-9).
`
`It is noted that prior Application No. 13/555,635 discloses:
`
`a) A plurality of containers 150-158 removably positioned in side-by-side
`
`relationship on a top surface of a support structure 100 that includes a frame 112
`
`including longitudinal, parallel rails 114, 116. See Fig. 8 and CJ{CJ{ 0038, 0072-0073,
`
`0075 and 0077 of the corresponding pre-grant Pub. No. 2014/0020765.
`
`b) A conveyor 160 that underlies the top surf ace of the support structure I 00 and that
`
`extends continuously beneath the support structure 100 so as to allow sand
`
`(proppant) from the containers 150-158 to pass downwardly onto a top surface of
`
`the conveyor 160, with the conveyor 160 delivering the sand to a well site. See
`
`Fig. 10 and CJ{CJ{ 0035, 0038, 0075 and 0077 of Pub. No. 2014/0020765.
`
`However, prior Application No. 13/555,635 is silent as to the type or structure of the
`
`conveyor 160. The conveyor 160 is not described as having a conveyor belt, and no description
`
`is provided as to the structure that supports the conveyor 160 beneath the container support 100.
`
`Thus, prior Application No. 13/555,635 fails to provide sufficient support for a conveyor belt
`
`supported beneath the pair of support rails and extending from the first end to the second end.
`
`Further, it is noted that prior Application No. 13/628,702 discloses:
`
`a) A plurality of containers 110-116 removably positioned in end-to-end or side-by(cid:173)
`
`side relationship on a top surface of a support structure 118. See Figs. 9-10 and CJ{CJ{
`
`0048, 0080-0082 and 0085 of the corresponding pre-grant Pub. No.
`
`2015/0183578. See also the disclosure of the alternative support structure 60
`
`(which is described as a fabricated steel frame) in Figs. 5 and 7-8 and CJ{CJ{ 0073,
`
`0078-0079 and 0085 of Pub. No. 2015/0183578.
`
`b) A conveyor 120 that is arranged beneath the top surface of the support structure
`
`118 and below the containers 110-116 so as to receive proppant as discharged
`
`from the containers 110-116, with the conveyor 120 delivering the proppant to a
`
`

`

`Application/Control Number: 14/882,973
`Art Unit: 3993
`
`Page 7
`
`desired location at a well site, and wherein the conveyor is an endless conveyor
`
`having a conveyor belt and being wound around sheaves and idlers so as to travel
`
`a desired path. See Fig. 9 and CJ{CJ{ 0050-0053, 0080-0082 and 0086 of Pub. No.
`
`2015/0183578. See also the disclosure of the alternative conveyor 86 (which is
`
`described as extending longitudinally) in Figs. 5 and 7-8 and CJ{CJ{ 0075-0079 of
`
`Pub. No. 2015/0183578.
`
`However, prior Application No. 13/628,702 fails to provide sufficient support under 35
`
`USC l 12(a) for the disclosed conveyor 120 because the prior application fails to describe the
`
`specific manner in which the conveyor 120 is embodied, including the specific structure of the
`
`conveyor belt, sheaves and idlers, their specific structural interrelationships, and the specific
`
`manner in which these elements are mounted on the support structure 118. Rather, prior
`
`Application No. 13/628,702 only describes the conveyor 120 in general terms, which does not
`
`comply with the disclosure requirements of 35 USC l 12(a). Thus, prior Application No.
`
`13/628,702 fails to provide sufficient support for a conveyor belt supported beneath the pair of
`
`support rails and extending from the first end to the second end.
`
`Still further, it is noted that prior Application No. 13/660,866 (now Patent No. 8,585,341)
`
`contains the same disclosure as prior Application No. 13/628,702 and, therefore, suffers from the
`
`same deficiencies as the disclosure of Application No. 13/628,702.
`
`Notice of AJA Status
`
`10.
`
`The present application, having an effective filing date on or after March 16, 2013, is
`
`being examined under the first inventor to file provisions of the AIA.
`
`11.
`
`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 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.
`
`12.
`
`The following is a listing of the prior art cited in this Office action together with the
`
`shorthand reference used for each document:
`
`Listing of Prior Art
`
`

`

`Application/Control Number: 14/882,973
`Art Unit: 3993
`
`Page 8
`
`"Eiden, III et al."
`
`US Publication No. 2014/0305769 Al 2
`
`"Wietgrefe"
`
`US Publication No. 2010/0108711 Al
`
`"Bostrom et al."
`
`US Patent No. 3,820,762
`
`"Krenek et al."
`
`US Publication No. 2009/0078410
`
`"Berryman et al."
`
`US Patent No. 4,701,095
`
`"Ohlson"
`
`US Patent No. 4,793,711
`
`"Oren et al."
`
`US Patent No. 8,585,341
`
`"Heltzel et al. '708"
`
`US Patent No. 3,986,708
`
`"Arnold et al."
`
`DE Publication No. 3108121 Al
`
`"Bates"
`
`US Patent No. 4,204,773
`
`"Heltzel et al. '248"
`
`US Patent No. 3,049,248
`
`Derivation Proceeding & Copied Claims
`
`13.
`
`It is noted that a petition to institute a derivation proceeding between the present
`
`application and Application No. 14/249,420 (i.e., the application for which Eiden, III et al. is the
`
`pre-grant publication) was filed with the Patent Trial and Appeal Board (PTAB), assigned Case
`
`No. DER2016-00001, and granted a filing date of October 15, 2015. See the Notice of Filing
`
`Date Accorded to Petition mailed by the PTAB on November 4, 2015, which states that
`
`"Jurisdiction over Application 14/882,973 remains with the Examiner until such time as
`
`Petitioner's claim is in condition for allowance (absent the earlier filed application that allegedly
`
`derived the invention)".
`
`14.
`
`A comparison of original claims 7-20 of the instant application with the original claims of
`
`Application No. 14/249,420, which names a different inventor, reveals that a number of the
`
`original claims in the instant application were copied from Publication No. 2014/0305769 (the
`
`pre-grant publication of Application No. 14/249,420). Specifically, original claims 7, 8 and 11-
`
`2 It is noted that Application No. 14/249,420 (i.e., the application for which Eiden, III et al. is the pre(cid:173)
`grant publication) issued as Patent No. 9,758,082 on September 12, 2017.
`
`

`

`Application/Control Number: 14/882,973
`Art Unit: 3993
`
`Page 9
`
`15 of the instant application were essentially copies of original claims 7, 8 and 11-15 of
`
`Application No. 14/249,420. Further, original claims 19 and 20 of the instant application claimed
`
`the same invention as original claims 16 and 9, respectively, of Application No. 14/249,420.
`
`However, claims 7, 9 and 11-18 of the instant application have been amended during the
`
`present prosecution such that the instant application no longer includes a claim copied from or
`
`claiming the same invention as any of the original claims of Application No. 14/249,420. In
`
`addition, the original claims of Application No. 14/249,420 were amended during the
`
`prosecution of that application such that the claims of corresponding issued Patent No. 9,758,082
`
`to Eiden, III et al. are narrower in scope than the original claims of Application No. 14/249,420
`
`and recite subject matter that is not disclosed or presently claimed in the instant application.
`
`Claim Rejections - 35 USC§ 103
`
`15.
`
`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 of this title, 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.
`
`16.
`
`GROUND 1: Claims 7, 9 and 11-18 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Wietgrefe in view of Bostrom et al., Krenek et al., Berryman et al. and Ohlson.
`
`Wietgrefe discloses a base unit (see Figs. 1-3 and 6-7) having container receptacles 120
`
`provided with container supports 260, 262 defining plural container mounting locations such that
`
`bulk material containers (bins) 122/422/522/622 can be supported on the container supports 260,
`
`262 at each of the plural mounting locations. See Figs. 1-2, 4, 5A and 6; CJ{CJ{ 0032-0035, 0037,
`
`0080-0081, 0085. Each bin 122/422/522/622 includes an outlet slide gate 423/523 slidably
`
`affixed at a container opening (outlet) in a bottom portion thereof. See Figs. 4-5B; CJ{CJ{ 0037,
`
`0039, 0041-0043. The base unit (see Figs. 1-3 and 6-7) includes an outer wall/door 536/736 that
`
`supports a slide gate actuator 550 coupled to a clamp 527 which in turn is releasably coupled to
`
`the outlet slide gate 423/523 such that the slide gate actuator 550 moves the outlet slide gate
`
`

`

`Application/Control Number: 14/882,973
`Art Unit: 3993
`
`Page 10
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`423/523 horizontally between open and closed positions. See Figs. 5A-5B; CJ{CJ{ 0037, 0039-0042,
`
`0044.
`
`Wietgrefe further teaches discharge chutes (hoppers) 116/616/1116 positioned on the
`
`base unit (see Figs. 1-3 and 6-7) below each of the mounting locations defined by the container
`
`receptacles 120 and their container supports 260, 262, wherein each hopper 116/616/1116 is
`
`positioned directly below and aligned with the outlet of a respective one of the bins
`
`122/422/522/622, and wherein each hopper 116/616/1116 includes a plurality of inclined sides
`
`(see Figs. 6 and l IA-11D) extending downward and terminating at a discharge opening (see
`
`Figs. 6 and l IA-11D) positioned above a belt of a horizontal conveyor 114/614 such that bulk
`
`material from each bin 122/422/522/622 is delivered through the respective slide gate 423/523
`
`into the hopper 116/616/1116 and then through the hopper 116/616/1116 into/onto the conveyor
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`114/614. See Figs. 1-2, 6-7 and llA-11D; CJ{CJ{ 0043, 0055-0056, 0092. A discharge gate
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`140/640/940/1140 is slidably affixed at the discharge opening of each hopper 116/616/1116 and
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`is coupled to a respective discharge gate actuator 642, with each actuator 642 moving the
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`respective discharge gate 140/640/940/1140 between open and closed positions to control the
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`flow of bulk material from the hoppers 116/616/1116 to the conveyor 114/614. See Figs. 1, 6-7,
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`9A-9B and l IA-11D; CJ{CJ{ 0043, 0045-0046, 0049-0050, 0053, 0055-0056, 0088, 0092.
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`As explained above, Wietgrefe discloses that the base unit (see Figs. 1-3 and 6-7)
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`includes the container supports 260, 262. Figs. 1-3 appear to illustrate that the base unit also
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`includes a pair of longitudinal side frame members (i.e., support rails) that support the container
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`supports 260, 262, with the belt of the conveyor 114/614 supported beneath such side frame
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`members. However, Wietgrefe fails to discuss the particular structure supporting the container
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`supports 260, 262 and the conveyor 114/614. Thus, Wietgrefe fails to teach that the base unit
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`(see Figs. 1-3 and 6-7) has a pair of spaced support rails each extending from a first end to a
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`second end, with the belt of the conveyor 114/614 supported beneath the support rails and
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`extending from the first end to the second end.
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`As shown in Figs. 1-5, Bostrom et al. teaches a distribution system that comprises: an
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`elongated base unit 10 having a pair of spaced longitudinal support rails 15 extending from a first
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`end to a second end thereof, with the support rails 15 having top portions that define four
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`mounting locations for four containers 16 used to store and discharge a granular material or
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`aggregate; container slide gates 17 located at the bottoms of the containers 16 and operated by
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`Application/Control Number: 14/882,973
`Art Unit: 3993
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`Page 11
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`fluid cylinder actuators 18 for selectively controlling the discharge of material from the
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`containers 16; and an endless belt conveyor 19 positioned within the base unit 10 and beneath the
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`portion of the support rails 15 supporting the containers 16, with the conveyor 19 extending the
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`length of the support rails 15 such that the conveyor 19 receives the material discharged from the
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`containers 16. See col. 3, 11. 22-65. The distribution system also includes: a hydraulic unit for
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`powering the fluid cylinder actuators 18; and a control unit 5 having a control table (user
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`interface) 7 and control elements for selectively controlling the fluid cylinder actuators 18. See
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`Figs. 1, 2, 13 and 14; col. 2, 11. 57-65; col. 3, 11. 9-21; col. 6, 11. 55-62.
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`As shown in Figs. 1-3, Krenek et al. teaches a container 101 for storing and dispensing
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`proppant3
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`. The container 101 comprises: a storage body 301 mounted on a support frame 125
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`that functions as a discharge chute; a discharge opening 275 formed in a funnel-shaped discharge
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`portion at the bottom of the storage body 30 I; a metering slide gate 250 mounted on the support
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`frame (discharge chute) 125 and positioned beneath the discharge opening 275 of the storage
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`body 301; and a hydraulic cylinder actuator 225 that moves the slide gate 250 between a closed
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`position and plural open positions to selectively meter ( control) the discharge of proppant. See CJICJI
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`0030 and 0033-0040.
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`As shown in Figs. I and 4-7, Krenek et al. further teaches a distribution system 100 that
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`is used to deliver proppant to a blender 400 at a well site 190. The distribution system 100 is
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`similar to that of Bostrom et al. and comprises: an elongated base unit 175 having longitudinal
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`support rails (see the longitudinal support rail shown in side view in Fig. 1, with the opposite
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`side having a matching support rail in a manner similar to the support rails 15 of Bostrom et al.)
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`that define four mounting locations for four proppant containers IO I; an endless belt conveyor
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`180 positioned within the base unit 175 and beneath the portion of the support rails of the base
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`unit 175 supporting the containers 101, with the conveyor 180 extending the length of the
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`support rails and beneath the metering slide gates 250 of the containers IO I such that the
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`conveyor 180 receives the proppant discharged from the containers 101; a wireless user interface
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`450 that an operator uses to issue control signals for the control of the metering slide gates 250
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`3 Krenek et al. explains that a conventional proppant for a hydraulic fracturing application "may be sand,
`glass beads, ceramic material, bauxite, dry powders including polymers and/or fluid loss additives, rock
`salt, benzoic acid, fiber material, or mixtures thereof'. See 10037. Krenek et al. further explains that
`proppant functions to "enhance the flow capacity" of hydraulic fractures, with the fractures remaining
`open "due to their propping open by the proppant". See 10006.
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`

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`Application/Control Number: 14/882,973
`Art Unit: 3993
`
`Page 12
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`and the conveyor 180; and a controller 600 that receives both sensor data as well as the control
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`signals from the wireless user interface 450 and controls the slide gates 250 and the conveyor
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`180 such that proppant is dispensed from the containers 101 and delivered to the blender 400 at
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`the desired rate. See CJ{CJ{ 0026-0028, 0036, 0041-0049 and 0051.
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`The support rails 15 of the base unit 10 of Bostrom et al. and the similar support rails of
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`the base unit 175 of Krenek et al. are shown as solid side frame members (i.e., solid beams) at
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`the opposite sides of the respective base units. Berryman et al. teaches an elongated base unit 12
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`including side frame members having an open framework construction as an alternative to the
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`solid side frame members of Bostrom et al. and Krenek et al. Specifically, Berryman et al.
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`teaches a distribution system that comprises: the base unit 12 having a pair of spaced side rails
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`42 supported on lower longitudinal frame members (see Fig. 1) by open framework members 36,
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`38, with the side rails 42 extending from a first end to a second end thereof; an endless belt
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`conveyor 24 positioned within the base unit 12 beneath the side rails 42 and extending from the
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`first end to the second end; and a plurality of support rollers 34 mounted beneath the side rails 42
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`to support the conveyor belt 26. See Fig. I; col. 4, 11. 23-59. Proppant is discharged from a
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`plurality of storage containers 318, 320, 322, 324, 326, 328, 330 onto the conveyor 24 and
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`delivered to blenders 314, 316 at a well site. See Fig. 2; col. 1, 11. 10-17; col. 4, 11. 36-40; col. 5,
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`11. 49-55; col. 13, 1. 28 - col. 14, 1. 10.
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`From these teachings of Bostrom et al., Krenek et al. and Berryman et al., it would have
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`been obvious to one of ordinary skill in the art before the effective filing date of the claimed
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`invention to modify Wietgrefe by providing the base unit with a pair of spaced support rails each
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`extending from a first end to a second end, with the belt of the conveyor 114/614 supported
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`beneath the support rails and extending from the first end to the second end, because such a
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`structure provides the necessary strength to support the heavy containers supported by the base
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`unit and to support the conveyor underneath the containers. Further, such a structure is consistent
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`with Figs. 1-3 of Wietgrefe, which appear to illustrate that the base unit includes a pair of side
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`frame members (i.e., support rails) that support the container supports 260, 262, with the belt of
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`the conveyor 114/614 supported beneath such side frame members.
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`As noted above, Wietgrefe discloses the discharge gates l 40/640/940/1140 coupled to the
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`respective discharge gate actuators 642 that move the discharge gates 140/640/940/1140 between
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`open and closed positions to control the flow of bulk material from the hoppers 116/616/1116 to
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`

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`Application/C