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 . The following is a Final Office Action. Claims 6-16 are 21-29 are rejected below.
Response to Amendments
Applicant’s amendments are acknowledged.
Response to Arguments
The previous objection to Claim 24 is withdrawn based on Applicant’s amendments.
With respect to 101, Applicant argues the receiving, identifying, and sending limitations cannot be performed in the human mind and must be treated as additional elements because they are not tangential to the features recited in amended claim 6.
Examiner responds the “receiving” and “identifying” can reasonably be performed in the human mind- no technical GPS functionality is required in these limitations.
Applicant argues the claims provide a specific improvement over prior art systems in the form of a technical improvement and cites the receiving, identifying, determining, and sending limitations.
Examiner responds as stated above no technical GPS functionality is required in the receiving, identifying, or determining functions. As stated in the 101 Rejection: “send one or more commands to the RTU when the first set of data is not within the expected range of values, the one or more commands are configured to modify a configuration of the RTU,” recite mere data gathering/data exchange (commands) and insignificant extrasolution activities which do not provide a practical application to the abstract idea (See MPEP 2106.05(g)); “thereby adjusting operation of the RTU based on the modified configuration of the RTU” merely describes a changed configuration at a high level of generality but does not disclose a specific operation adjusted and thus generally links the use of the abstract idea to a particular technological environment or field of use under MPEP 2106.05(h).
Applicant argues the identifying and determining limitations limit the transmission of data and avoids excess usage of power and memory from the processor to the RTU. and the limiting of transmission during the identifying and determining may free up bandwidth between the RTU and the processor, resulting in an improved communication system.
Examiner responds as stated above the identifying and determining limitations are a mental process and no technical GPS functionality is required; Thus the sending limitation is simply an additional “transmitting” at a high level of generality after the mental processes.
Applicant argues the cloud-computing system configured to communicatively couple with a RTU and a processor and not well understood routine and conventional,
Examiner responds See Buchdunger [0019] which suggests this additional element is well understood routine and conventional: “Cloud computing (computing in the cloud) is a term from information technology and refers primarily to the approach of providing, via a network, abstracted IT infrastructures, ready program packages and programming environments dynamically matched to need.”)
Applicant argues the receiving, identifying and sending are not generic computer functions.
Examiner responds as described above the receiving and identifying are part of the abstract idea and no GPS technical functionality is required in these limitations. The sending limitation is mere data gathering/data exchange and insignificant extrasolution activities which do not provide significantly more to the abstract idea (See MPEP 2106.05(g)); and these limitations are equivalent to receiving/transmitting data and are well-understood routine and conventional which do not provide significantly more to the abstract idea (See MPEP 2106.05(d)).
With respect to 103:
Applicant argues:
“However, Yusti does not teach or suggest that the server 8 receives the pressure measurements from the one or more remote access terminals and then provides one or more commands back to the one or more remote access terminals when the pressure measurements are not within an expected range of values without user input. Instead, Yusti describes the servers 8 receiving the pressure measurements acquired by the pressure transducers PT of the platforms 2 and providing the pressure measurements to the one or more remote access terminals in order to notify production engineers or other such users and operators of certain events detected at the pressure transducers PT. Thus, Yusti does not teach or suggest a cloud-computing system configured to communicatively couple with a remote terminal unit where the cloud- computing system includes at least one processor configured to "receive, from the RTU, a first set of data acquired by one or more sensors communicatively coupled to the RTU" and "send one or more commands to the RTU when the first set of data is not within the expected range of values without user input, the one or more commands are configured to modify a configuration of the RTU, thereby adjusting operation of the RTU based on the modified configuration of the RTU."
Examiner responds
Yusti discloses servers receiving pressure data from one or more sensors; (0063, Figure 1 –servers 8 in shore bound computing system receiving pressure measurements (first set of data acquired by sensors) from production field platforms 2;
0165- “Correlation process 45 is contemplated to include conventional statistical correlation of rate, phase, and other parameters over multiple wells W (includes first set of data), using the associated time-base or time-stamps on those results to align the results among the various wells…
0166 – “…in the event that rate and phase determination reveals a change in production from a particular well in a certain field…”
Yusti does not explicitly state the first set of data is received from the RTU and was acquired by one or more sensors communicatively coupled to the RTU
Buchdunger discloses a field access unit (RTU) receiving identification data from a field device (sensor) and sending a “report” concerning the identification data to a cloud-based service provider
[0001] The invention relates to a method for integrating at least one field device into a network of automation technology comprising, arranged distributed in an automated plant, a plurality of field devices, which are connected with one another via at least one data bus, on which a bus protocol is running, wherein accessing of the field devices occurs via a field access unit which communicates with at least one automation/integration-platform and at least one web server of a service provider (Abstract-“cloud computing-based service provider”)
[0002] In automation technology, especially in process automation technology, field devices are often applied, which serve for registering and/or influencing process variables. Serving for registering process variables are sensors, such as, for example, fill level measuring devices, flow measuring devices, pressure- and temperature measuring devices, pH-redox potential measuring devices, conductivity measuring devices, etc.
[0026] An advantageous embodiment of the method of the invention provides that, after transmission of a report from the field access unit to the service provider that the live-list of the field devices in the data bus segment, respectively in the network, has changed, based on unique identification data, a unique setup-, or start-up-configuration associated with each field device, which describes the particular field device comprehensively relative to its field device- and application-specific properties in the automated plant and which is stored in the cloud based web server, is loaded into the corresponding field device.......The cloud based Web-server of the service provider adds via the field access unit and the automation/integration platform identification data present concerning the foreign field device to the account of the customer, so that the customer can place the field device in operation via the cloud based Web services.)
(See Figure 1- Field Device 2 is directly network-coupled to management laptop device 10 (RTU)) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Yusti’s in view of Nelson’s communication link between sensors and a server to include Buchdunger’s field access unit (intermediary) coupled to sensors, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 6-16, 21-29 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claims 6-16, 21-29 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, Claims 6-16, 21-29 are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea.
Step 1 of the Alice/Mayo analysis is directed to determining whether or not the claims fall within a statutory class. Based on a facial reading of the claim elements, Claims 6-16, 21-29 fall within a statutory class of process, machine, manufacture, or composition of matter.
With respect to Step 2A Prong One of the framework, the claims recite an abstract idea. Claim 6 recite limitations describing monitoring data, including functionality of: receiving a first set of data… receiving a first global positioning location...identifying a second set of data…determining whether the first set of data is within an expected range of values based on the second set of data….which is an abstract idea reasonably categorized as
Mental processes – as the steps above can be performed in the human mind (including an observation, evaluation, judgment, opinion).
Similarly, Claims 7-16, 21-29 further recite operations that further narrow mental processes.
With respect to Step 2A Prong Two, the claims do not include additional elements that integrate the abstract idea into a practical application. Claim 6 includes various elements that are not directed to the abstract idea under Step 2A Prong One of the framework. These additional elements include a cloud-computing system configured to communicatively couple with a RTU; a processor. When considered in view of the claim as a whole, Examiner submits that the additional elements are not additional elements that integrate the abstract idea into a practical application because, these elements are generic computing elements performing generic computing functions and amount to mere instructions to apply the abstract idea on a computer under MPEP 2106.05(f). In addition, with respect to the limitation, “send one or more commands to the RTU when the first set of data is not within the expected range of values, the one or more commands are configured to modify a configuration of the RTU,” these limitations recite mere data gathering/data exchange (commands) and insignificant extrasolution activities which do not provide a practical application to the abstract idea (See MPEP 2106.05(g)). Under BRI, “thereby adjusting operation of the RTU based on the modified configuration of the RTU” merely describes a changed configuration at a high level of generality but does not disclose a specific operation adjusted and thus generally links the use of the abstract idea to a particular technological environment or field of use under MPEP 2106.05(h).
As a result, Claim 6 does not include additional elements that would integrate the abstract idea into a practical application under Step 2A Prong Two.
Claims 8, 9, and 11 include additional elements of “send an alarm indication to the RTU…”. Claims 12 include additional elements of “send one or more commands to the RTU…”.Claim 15 includes additional elements of “send a notification to the RTU.” However, each of these limitations recite mere data gathering/data exchange and insignificant extrasolution activities which do not provide a practical application to the abstract idea (See MPEP 2106.05(g)). In Claims 22-23 the elements for displaying amount to insignificant extrasolution data presenting activities to the judicial exception. In Claim 24, with respect to the limitation, “such that the RTU controls the operations of the one or more site devices, thereby causing the first set of data received from the RTU to be within the expected range of values” these limitations merely describe controlling at a high level of generality and does not disclose how the controlling of operations at the site device occurs, and thus generally links the use of the abstract idea to a particular technological environment or field of use under MPEP 2106.05(h).
The remaining dependent claims do not recite additional elements beyond those with respect to Claim 6.
Thus, Claims 7-16, 21-29 do not include additional elements that would integrate the abstract idea into a practical application under Step 2A Prong Two for the same reasons as stated above with respect to claim 1.
With respect to Step 2B of the framework, the claims do not include additional elements amounting to significantly more than the abstract idea. As noted above, claim 6 includes various elements that are not directed to the abstract idea under Step 2A Prong One of the framework. These additional elements include a cloud-computing system configured to communicatively couple with a RTU; a processor. Examiner submits that the additional elements do not amount to significantly more than the abstract idea because these elements are generic computing elements performing generic computing functions and amount to mere instructions to apply the abstract idea on a computer under MPEP 2106.05(f) and/or recite generic computer structure that serves to perform generic computer functions that are well-understood, routine, and conventional activities previously known to the pertinent industry. With respect to the limitation, “send one or more commands to the RTU when the first set of data is not within the expected range of values without user input…” these limitations are mere data gathering/data exchange and insignificant extrasolution activities which do not provide significantly more to the abstract idea (See MPEP 2106.05(g)); and these limitations are equivalent to receiving/transmitting data and are well-understood routine and conventional which do not provide significantly more to the abstract idea (See MPEP 2106.05(d)). As stated above “thereby adjusting operation of the RTU based on the modified configuration of the RTU” merely describes a changed configuration at a high level of generality but does not disclose a specific operation adjusted and thus generally links the use of the abstract idea to a particular technological environment or field of use under MPEP 2106.05(h).
Further, looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the additional elements individually. As a result, Claim 6 do not include additional elements amounting to significantly more than the abstract idea under Step 2B.
As noted above Claims 8, 9, and 11 include additional elements of “send an alarm indication to the RTU…”. Claims 12 include additional elements of “send one or more commands to the RTU…”.Claim 15 includes additional elements of “send a notification to the RTU.” However, these limitations are equivalent to receiving/transmitting data and are well-understood routine and conventional which do not provide significantly more to the abstract idea (See MPEP 2106.05(d)). In Claims 21-22 the display does not amount to significantly more because based on case law in MPEP 2106.05(d) transmitting a display, even an updated display, is well-understood, routine and conventional activity. As stated above in Claim 24, with respect to the limitation, “such that the RTU controls the operations of the one or more site devices, thereby causing the first set of data received from the RTU to be within the expected range of values” these limitations describing controlling at a high level of generality and does not disclose how the controlling of operations at the site device occurs, and thus generally links the use of the abstract idea to a particular technological environment or field of use under MPEP 2106.05(h).
As noted above, the remaining dependent claims do not recite additional elements beyond those with respect to Claim 6.
As a result, Claims 7-16, 21-29 not include additional elements amounting to significantly more than the abstract idea under Step 2B for the same reasons as stated above with respect to claim 6.
Accordingly, Claims 6-16, 21-29 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 103
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.
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.
Claims 6-16, 21-22, 25-29 are rejected under 35 U.S.C. 103 as being unpatentable over Yusti (2010/0023269) in view of Nelson (2014/0278112) in view of Buchwunger (20130211547)
Regarding Claim 6, Yusti discloses:
A server system configured to communicatively couple with a remote terminal unit (RTU) configured to monitor and/or control one or more operations of one or more site devices associated with a hydrocarbon site, wherein the server comprises at least one processor configured to: (Figure 1, 0063- …one or more remote access terminals RA (RTU’s) are in communication with servers 8 via a conventional local area or wide area network, providing production engineers, or other operators or users, with access to the measurements acquired by pressure transducers PT (site devices associated with hydrocarbon site) and communicated to and stored at servers 8. Examples of users and operators who are contemplated to access these measurements via remote access terminals RA, or who otherwise operate and use embodiments of this invention, include, among others, petroleum engineers, reservoir engineers, geologists, operators, technicians, and the like.
0064- this invention is also applicable to the management of terrestrial hydrocarbon production fields (hydrocarbon site), and of individual wells and groups of wells in such land-based production)
receive a first set of data acquired by one or more sensors; (0063, Figure 1 –servers 8 in shore bound computing system receiving pressure measurements (first set of data acquired by sensors) from production field platforms 2;
0165- “Correlation process 45 is contemplated to include conventional statistical correlation of rate, phase, and other parameters over multiple wells W (includes first set of data), using the associated time-base or time-stamps on those results to align the results among the various wells…
0166 – “…in the event that rate and phase determination reveals a change in production from a particular well in a certain field…”
receiving a first location of the hydrocarbon site and a second location of one or more other hydrocarbon sites associated with a same hydrocarbon reservoir as the hydrocarbon site (0166- ... use of predictive models in accordance with this invention on multiple wells W in a field or reservoir can help identify anomalous well performance.
identify a second set of data associated with the one or more other hydrocarbon sites associated with a same hydrocarbon reservoir as the hydrocarbon site; [0166] …use of predictive models in accordance with this invention on multiple wells W (includes second set of data) in a field or reservoir can help identify anomalous well performance. For example, in the event that rate and phase determination reveals a change in production from a particular well in a certain field, the operator may expect to observe certain changes in performance of other wells. If correlation process 45 indicates that those expected changes in the performance of other wells (second data set) did not occur, or occurred to a substantially lesser extent than expected, the operator could then carry out closer investigation…
determine whether the first set of data is within an expected range of values based on the second set of data; (0166- … If correlation process 45 indicates that those expected changes in the performance of other wells did not occur, or occurred to a substantially lesser extent than expected (data not within expected range of values), the operator could then carry out closer investigation, to determine whether the unexpected change (or lack of change) is due to a fault in the sensors or other equipment at one of the wells, or an unexpected characteristic of the reservoir formation. The frequent calculations resulting from embodiments of this invention permit a better understanding of inter-relation of well performance, and thus enable operators to more readily adjust the operation of each well to obtain optimum overall performance
Examiner notes based on the alignment of the wells (0165)- either of the wells might be considered the “first well” or the “second well”) and send one or more commands to the RTU when the first set of data is not within the expected range of values without user input, the one or more commands are configured to modify a configuration of the RTU, thereby adjusting operation of the RTU based on the modified configuration of the RTU (Under BRI- the “commands to the RTU” includes types of alerts/notifications sent to the RTU (ie. visual, auditory, vibrational) which modify and adjusts operation of the RTU in response to the anomalous well events;
[0168] …Because data and information are continuously provided in near-real-time, according to embodiments of the invention, correlations and trends in the production from individual wells, and over the entire production field and reservoir, can be more easily observed, and more timely observed. In addition, because of the automated nature of the monitoring system according to embodiments of the invention, the operator can receive alerts of changes in conditions, or upon certain occurrences in the field….The near-real-time calculations provided by this system are particularly useful in detecting and being alerted to the onset of well flow instability, slugging, and the like, and to the effect that such conditions have on wells flowing into common flowlines.
0063- “…servers 8 will be capable of notifying production engineers or other such users and operators of certain events detected at one or more of pressure transducers PT, and of the acquisition of measurement data surrounding such events….In an embodiment, the notification is visual or auditory. In other embodiments of the invention, the notification is vibrational, such as a signal sent to a pager, mobile phone, or other electronic device, or is carried out by a phone call, an email, a text message, or an automated message, any of which is transmitted to the appropriate user. In an example of such an embodiment, an email may be automatically sent to the responsible user along with a network link to the event which triggered the notification. In embodiments of this invention, the particular triggering events are pre-determined in the system, or are configured in the system by the appropriate user.)
Yusti does not explicitly state the first and second locations of the hydrocarbon sites are global positioning system locations; nor identify a second set of data associated with the one or more other hydrocarbon sites based on the first global positioning system location being within a predetermined distance of the second global positioning system location
Nelson, directed to testing contamination around wells, determines a zone around a targeted well within which to test for contamination after using GPS locations to determine wells within a radius of a pre-defined distance from a targeted well to assess risk
0029- In some implementations, determining the location of the fracking well can involve locating one or more wells, and can use GPS. For example, the oil or gas company that owns or runs the well may provide GPS coordinates for their corresponding wells either in hard copy or electronically.
0046- ...the user can provide input parameters to determine the testing zone. The input parameters can include GPS coordinates and well API#.
[0047] The data processing apparatus 501 can access at least two types of databases; state database which includes; (well API#, date permit issued, status of the well, well type, operator, formation type, and GPS coordinates)...After the data processing apparatus 501 receives the OPS and API# of the targeted well from the user, the data processing apparatus 501 can implement a look up process to match the targeted well # and the available state's database. The state's database can be organized to include at least four parts; state, county, unique well identifier, and operator name.
[0048] Once the entered information matches client and state databases, the data processing apparatus 501 can establish a mathematical model. The data processing apparatus 501 can recognize and classify all the available information around a predetermined distance (for example, 1 mile) of the targeted well based on the status of the well. For example, the data processing apparatus 501 can estimate orthodromic distances between targeted well and all other wells available up to a radius of the pre-defined distance from the targeted well. The data processing apparatus 501 can define a recommended testing radius based on risk level and other hydrological and geological factors which contribute to direct contaminant migration towards water resources.
[0053] FIG. 7 shows a flow diagram illustrating an exemplary process 700 for determining additional parameters or factors 612 and computing the testing zone 616 by implementing the equation described above....At 702, a number of neighboring wells that are operating is determined. Generally, any well within 1 mile (5280 feet) will be considered a neighboring well....the testing zone may be increased as the number of neighboring active or abandoned or orphaned wells or the number of contamination claims (or combinations of them) increases. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to associate Nelson’s GPS location data to Yusti’s locations, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to associate Nelson’s GPS threshold distance between wells to Yusti’s identification of a second set of data associated with one or more other hydrocarbon sites, helping determine contamination risk based on a distance to other wells (0048), helping determine a testing radius for measuring contamination (Abstract)
Yusti does not explicitly state the server system is a cloud computing system. Buchdunger, directed to “Integrating at least one field device into a network of automation,” discloses cloud computing IT infrastructures [0019] Cloud computing (computing in the cloud) is a term from information technology and refers primarily to the approach of providing, via a network, abstracted IT infrastructures, ready program packages and programming environments dynamically matched to need.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to integrate Buchdunger’s cloud-computing system into Yusti’s in view of Nelson’s server system, “helping provide via a network, abstracted IT infrastructures, ready program packages and programming environments dynamically matched to need” (0019), and since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Yusti does not explicitly state the first set of data is received from the RTU and was acquired by one or more sensors communicatively coupled to the RTU
Buchdunger discloses a field access unit (RTU) receiving identification data from a field device/sensor and sending a “report” concerning the identification data to a cloud-based service provider
[0001] The invention relates to a method for integrating at least one field device into a network of automation technology comprising, arranged distributed in an automated plant, a plurality of field devices, which are connected with one another via at least one data bus, on which a bus protocol is running, wherein accessing of the field devices occurs via a field access unit which communicates with at least one automation/integration-platform and at least one web server of a service provider (Abstract-“cloud computing-based service provider”)
[0002] In automation technology, especially in process automation technology, field devices are often applied, which serve for registering and/or influencing process variables. Serving for registering process variables are sensors, such as, for example, fill level measuring devices, flow measuring devices, pressure- and temperature measuring devices, pH-redox potential measuring devices, conductivity measuring devices, etc.
[0026] An advantageous embodiment of the method of the invention provides that, after transmission of a report from the field access unit to the service provider that the live-list of the field devices in the data bus segment, respectively in the network, has changed, based on unique identification data, a unique setup-, or start-up-configuration associated with each field device, which describes the particular field device comprehensively relative to its field device- and application-specific properties in the automated plant and which is stored in the cloud based web server, is loaded into the corresponding field device.......The cloud based Web-server of the service provider adds via the field access unit and the automation/integration platform identification data present concerning the foreign field device to the account of the customer, so that the customer can place the field device in operation via the cloud based Web services.)
(See Figure 1- Field Device 2 is directly network-coupled to management laptop device 10 (RTU)) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Yusti’s in view of Nelson’s communication between sensors and a server to include Buchdunger’s field access unit (intermediary) coupled to the sensors, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding Claim 7, Yusti discloses: The cloud-computing system of claim 6, wherein the first set of data comprises one or more process parameters associated with the operations of the site device, one or more properties associated with the hydrocarbon site, or any combination thereof. (0063, Figure 1 –receiving pressure measurements (process parameters) from production field platforms 2;
0165- “Correlation process 45 is contemplated to include conventional statistical correlation of rate, phase, and other parameters over multiple wells W, (process parameters) using the associated time-base or time-stamps on those results…
Regarding Claim 8, Yusti discloses: The cloud-computing system of claim 6, wherein the at least one processor is configured to send an alarm indication to the RTU when the first set of data is not within the expected range of values. (0063- types of alerts/notifications sent to the RTU (ie. visual, auditory, vibrational) which modify and adjusts operation of the RTU in response to anomalous well events;
0063- “…servers 8 will be capable of notifying production engineers or other such users and operators of certain events detected at one or more of pressure transducers PT, and of the acquisition of measurement data surrounding such events….In an embodiment, the notification is visual or auditory. In other embodiments of the invention, the notification is vibrational, such as a signal sent to a pager, mobile phone, or other electronic device, or is carried out by a phone call, an email, a text message, or an automated message, any of which is transmitted to the appropriate user. In an example of such an embodiment, an email may be automatically sent to the responsible user along with a network link to the event which triggered the notification. In embodiments of this invention, the particular triggering events are pre-determined in the system, or are configured in the system by the appropriate user.)
Regarding Claim 9, Yusti discloses: The cloud-computing system of claim 6, wherein the at least one processor is configured to send an alarm indication to a computing device when the first set of data is not within the expected range of values.
(See Limitations in Claim 8 (Above) with respect to “processor configured to send an alarm indication…”
Examiner interprets a “computing device” to be a RA in communication with servers;
0063- one or more remote access terminals RA are in communication with servers 8 via a conventional local area or wide area network, providing production engineers, or other operators or users, with access to the measurements acquired by pressure transducers PT and communicated to and stored at servers 8. Examples of users and operators who are contemplated to access these measurements via remote access terminals RA, or who otherwise operate and use embodiments of this invention, include, among others, petroleum engineers, reservoir engineers, geologists, operators, technicians, and the like.)
Regarding Claim 10, Yusti discloses: The cloud-computing system of claim 9, wherein the computing device comprises a mobile phone, a laptop computer, a general purpose computer, or any combination thereof. (See Figure 1- “RA” (laptop or general computer))
Regarding Claim 11, Yusti discloses: The cloud-computing system of claim 9, wherein the alarm indication comprises an electronic mail notification, a short messaging service (SMS) text message, a visualization depicted on a display of the computing device, or any combination thereof. (0063- the notification is visual or auditory. In other embodiments of the invention, the notification is vibrational, such as a signal sent to a pager, mobile phone, or other electronic device, or is carried out by a phone call, an email, a text message, or an automated message, any of which is transmitted to the appropriate user. In an example of such an embodiment, an email may be automatically sent to the responsible user along with a network link to the event which triggered the notification. In embodiments of this invention, the particular triggering events are pre-determined in the system, or are configured in the system by the appropriate user.)
Regarding Claim 12, Yusti discloses: The cloud-computing system of claim 6, wherein the at least one processor is configured to:
determine a first trend based on the first set of data; [0166] In other cases, use of predictive models in accordance with this invention on multiple wells W in a field or reservoir can help identify anomalous well performance. For example, in the event that rate and phase determination reveals a change in production (first trend) from a particular well in a certain field)
determine a second trend based on the second set of data; [0166] … the operator may expect to observe certain changes in performance of other wells (a second trend)…)
determine whether the first trend substantially corresponds to the second trend;
(0166- … If correlation process 45 indicates that those expected changes in the performance of other wells did not occur, or occurred to a substantially lesser extent than expected (first trend does not substantially correspond to the second trend)… the operator could then carry out closer investigation, to determine whether the unexpected change (or lack of change) is due to a fault in the sensors or other equipment at one of the wells, or an unexpected characteristic of the reservoir formation.
Examiner notes based on the alignment of the wells (0165)- either well might be considered the “first well” or the “second well”) and send the one or more commands to the RTU when the first trend does not substantially corresponds to the second trend. (0168 –“…because of the automated nature of the monitoring system according to embodiments of the invention, the operator can receive alerts of changes in conditions, or upon certain occurrences in the field. The near-real-time calculations provided by this system are particularly useful in detecting and being alerted to the onset of well flow instability, slugging, and the like, and to the effect that such conditions have on wells flowing into common flowlines.
0063- “…servers 8 will be capable of notifying production engineers or other such users and operators of certain events detected at one or more of pressure transducers PT, and of the acquisition of measurement data surrounding such events….In an embodiment, the notification is visual or auditory. In other embodiments of the invention, the notification is vibrational, such as a signal sent to a pager, mobile phone, or other electronic device, or is carried out by a phone call, an email, a text message, or an automated message, any of which is transmitted to the appropriate user. In an example of such an embodiment, an email may be automatically sent to the responsible user along with a network link to the event which triggered the notification. In embodiments of this invention, the particular triggering events are pre-determined in the system, or are configured in the system by the appropriate user.)
Regarding Claim 13, Yusti discloses: The cloud-computing system of claim 6, wherein the at least one processor is configured to determine a hydrocarbon field production summary based on the first set of data and the second set of data. (0151-The sub-window "Results" of browser window 115 of FIG. 16, in this example, presents the measurements obtained from the flow test, and also the results from any applicable predictive well model 27 to which those measurements were applied (e.g., reservoir pressure, etc.), as will be described below. Of course, other or additional approaches to present these results can also be provided by data historians 20 or other functions in server 8a, such approaches including graphic historic IPR (Inflow Performance Relationship) comparisons of tested wells 4 individually and with other wells in the vicinity or production field; historic decline analysis applying recent flow test results in a normalized fashion with historic results; real time versus last flow test nodal comparison trends; and various user-definable or interactive reports, graphs, trends, and the like.)
Regarding Claim 14 Yusti discloses: The cloud-computing system of claim 6, wherein the at least one processor is configured to determine an availability of the hydrocarbon site based on the first set of data and the second set of data. [0164] real-time continuous data allows tracking of production (availability) of each well …a production increase in one well may decrease or otherwise impact production in other wells. In another example, water injection designed to improve production of a well may also have an impact on other wells in the field. According to conventional techniques, this inter-relation among wells is not fully appreciated or utilized in reservoir maintenance, because of the lack of real-time continuous data.
Regarding Claim 15, Yusti discloses: The cloud-computing system of claim 6, wherein the at least one processor is configured to: determine whether site test data associated with hydrocarbon site is substantially similar to the first set of data; send a notification to the RTU when the site test data associated with hydrocarbon site is not substantially similar to the first set of data, wherein the notification comprises an indication that another site test is to be performed at the hydrocarbon site. (0053(bottom), 0156(bottom)- when “rate and phase” information of a “recent” period is outside tolerable range (different from that site’s previous results)- a user is notified a special test must be performed;
0053- "continuous" operation of providing rate and phase data and information refers to the operation of embodiments of this invention so that, following the completion of one instance of the determination of rate and phase information for a given well or wells, a next instance of that process starts, without any significant or substantial delay. For example, it is contemplated that "continuous" refers to the operation of embodiments of this invention on a periodic basis, with one period effectively beginning upon the end of a previous period, such periods of lengths as mentioned above, ranging from as frequently as about once per minute (or more frequent yet) to on the order of about once every few hours.
0156(bottom) - upon completion of one or more instances of calculation process 35, flow test module 80 determines whether the model output rate and phase values are within a certain acceptable range R. This range R is previously set by the engineering staff or other users, in process 104, and is communicated to and stored at server 8b. It is contemplated that this range R corresponds to a range of rate and phase values that does not indicate the usefulness of a special (i.e., out of schedule) flow test for the concerned well 4…if the rate and phase results from the applicable well models 27 do not fall within the expected or tolerable range R (decision 105 is "no"), flow test module 80 issues an alert to the responsible designated users in process 110. This alert, as noted above, indicates that the predictive well models 27 have returned rate and phase information, based on recent measurements, that indicate the need for a special flow test to be performed on a particular well.)
Regarding Claim 16, Yusti discloses: The cloud-computing system of claim 6, wherein the at least one processor is configured to determine a production projection associated with the hydrocarbon site based on the first set of data, the second set of data, historical data associated with the hydrocarbon site, historical data associated with the one or more other hydrocarbon sites, or any combination thereof. [0034] … the results of completed flow tests are used to calibrate or adjust existing predictive well models. As a result, the predictive flow test models are better able to estimate flow rate (production projection) and phase for producing wells at times other than during flow tests, and to better estimate other well and reservoir parameters.
Regarding Claim 17, Yusti discloses: The cloud-computing system of claim 6, wherein the at least one processor is configured to determine a production projection associated with a hydrocarbon field associated with the hydrocarbon site based on the first set of data, the second set of data, historical data associated with the hydrocarbon site, historical data associated with the one or more other hydrocarbon sites, or any combination thereof. [0034] … the results of completed flow tests are used to calibrate or adjust existing predictive well models. As a result, the predictive flow test models are better able to estimate flow rate (production projection) and phase for producing wells at times other than during flow tests, and to better estimate other well and reservoir parameters.
[0033] Embodiments of this invention may be implemented in a method, computer system, or computer-readable medium storing an executable computer program, that automates the gathering, processing, and planning of flow tests of wells in a production field.
Regarding Claim 21, Yusti discloses: The cloud-computing system of claim 12, wherein the at least one processor is configured to: generate a visualization that depicts at least one of the first trend or the second trend; and cause a display to display the visualization. (Figure 16, [0151] It is contemplated, according to this embodiment of the invention, that storage process 101, as well as other alerts and communications to the users or other personnel, can present the flow test results in various ways. For example, an alert can indicate, to the user at remote access terminal RA, that a tabular report is available for viewing via web browser 25. An example of such a tabular report is illustrated by browser window 115 shown in FIG. 16. In this example, information regarding the well 4 that was tested is illustrated by sub-window "General Production Test Information" of browser window 115 (e.g., including identification of the field, the tested well 4, and the separator and other equipment used in the test; the start and stop times, and duration, of the flow test, as well as the time at which sufficient data had been acquired). The sub-window "Results" of browser window 115 of FIG. 16, in this example, presents the measurements obtained from the flow test, and also the results from any applicable predictive well model 27 to which those measurements were applied (e.g., reservoir pressure, etc.), as will be described below. Of course, other or additional approaches to present these results can also be provided by data historians 20 or other functions in server 8a, such approaches including graphic historic IPR (Inflow Performance Relationship) comparisons of tested wells 4 individually and with other wells in the vicinity or production field; historic decline analysis applying recent flow test results in a normalized fashion with historic results; real time versus last flow test nodal comparison trends; and various user-definable or interactive reports, graphs, trends, and the like.
Regarding Claim 22, Yusti discloses: The cloud-computing system of claim 6, wherein the at least one processor is configured to: generate a visualization that depicts the first set of data; and cause a display to display the visualization. . (Figure 16, [0151] It is contemplated, according to this embodiment of the invention, that storage process 101, as well as other alerts and communications to the users or other personnel, can present the flow test results in various ways. For example, an alert can indicate, to the user at remote access terminal RA, that a tabular report is available for viewing via web browser 25. An example of such a tabular report is illustrated by browser window 115 shown in FIG. 16. In this example, information regarding the well 4 that was tested is illustrated by sub-window "General Production Test Information" of browser window 115 (e.g., including identification of the field, the tested well 4, and the separator and other equipment used in the test; the start and stop times, and duration, of the flow test, as well as the time at which sufficient data had been acquired). The sub-window "Results" of browser window 115 of FIG. 16, in this example, presents the measurements obtained from the flow test, and also the results from any applicable predictive well model 27 to which those measurements were applied (e.g., reservoir pressure, etc.), as will be described below. Of course, other or additional approaches to present these results can also be provided by data historians 20 or other functions in server 8a, such approaches including graphic historic IPR (Inflow Performance Relationship) comparisons of tested wells 4 individually and with other wells in the vicinity or production field; historic decline analysis applying recent flow test results in a normalized fashion with historic results; real time versus last flow test nodal comparison trends; and various user-definable or interactive reports, graphs, trends, and the like.
Regarding Claim 25, Yusti discloses: The cloud-computing system of claim 6, wherein the at least one processor is configured to store the first set of data in a database. (0063- ...one or more remote access terminals RA are in communication with servers 8 via a conventional local area or wide area network, providing production engineers, or other operators or users, with access to the measurements acquired by pressure transducers PT and communicated to and stored at servers 8....)
Regarding Claim 26, Yusti discloses: The cloud-computing system of claim 25, wherein the at least one processor is configured to: determine that a historical set of data is stored in the database; wherein the expected range of values is further based on the historical set of data. (0151, Figure 16 - Of course, other or additional approaches to present these results can also be provided by data historians 20 or other functions in server 8a, such approaches including graphic historic IPR (Inflow Performance Relationship) comparisons of tested wells 4 individually and with other wells in the vicinity or production field; historic decline analysis applying recent flow test results in a normalized fashion with historic results; real time versus last flow test nodal comparison trends; and various user-definable or interactive reports, graphs, trends, and the like.
Regarding Claim 27, Yusti discloses: The cloud-computing system of claim 6, wherein the at least one processor is configured to: receive a historical set of data from the RTU regarding operation of the one or more site devices; wherein the expected range of values is further based on the historical set of data. (0151, Figure 16 - Of course, other or additional approaches to present these results can also be provided by data historians 20 or other functions in server 8a, such approaches including graphic historic IPR (Inflow Performance Relationship) comparisons of tested wells 4 individually and with other wells in the vicinity or production field; historic decline analysis applying recent flow test results in a normalized fashion with historic results; real time versus last flow test nodal comparison trends; and various user-definable or interactive reports, graphs, trends, and the like.)
Regarding Claim 28 Yusti discloses The cloud-computing system of claim 6, wherein the at least one processor is configured to perform a multiphase analysis regarding production of hydrocarbons at the hydrocarbon site. (0017-The flow meter may measure only a separated single phase (i.e., oil, gas, or water) from a selected well, or alternatively may be a "multi-phase" flow meter that simultaneously measures the output of all phases produced from the well
[0061] .... As will be described in further detail below, the flow from a given well or completion string, for each phase (oil, gas, water) can be determined from pressure transducers PT in combination with measurements of downhole temperature, according to this embodiment of the invention.
Regarding Claim 29 Yusti discloses The cloud-computing system of claim 28, wherein an output of the multiphase analysis includes at least one of an amount of oil, an amount of water, or an amount of sand that is within the hydrocarbons. (0017-The flow meter may measure only a separated single phase (i.e., oil, gas, or water) from a selected well, or alternatively may be a "multi-phase" flow meter that simultaneously measures the output of all phases produced from the well
[0061] .... As will be described in further detail below, the flow from a given well or completion string, for each phase (oil, gas, water) can be determined from pressure transducers PT in combination with measurements of downhole temperature, according to this embodiment of the invention.
Claims 23 is rejected under 35 U.S.C. 103 as being unpatentable over Yusti (2010/0023269) in view of Nelson (2014/0278112) in view of Buchwunger (20130211547) in view of Lord (2013/0298199)
Regarding Claim 23 Yusti discloses The cloud-computing system of claim 6. Yusti does not explicitly state: Lord discloses: wherein the first set of data includes a strength of communication signal between the RTU and the cloud-based computing system. (Abstract, 0023, 0029, 0043 – a cloud confirms that a device meets a threshold transmission practicality based on its localized context data (ie. communication signal strength)- before sending a transmission to a device
(0029....A target computing device 101' may include one or more context sensors 111. Upon enqueuing a message 106 intended for a given target computing device 101', the message transmission server application 105' may query one or more of the context sensors 111 of the target computing device 101' to obtain context data 108 associated with the target computing device 101'.
0023-...the message transmission server application 105' may be configured to authorize the transmission of messages 106 to the target computing device 101' only when context data 108 (e.g. .... a communications signal strength...) associated with the target computing device 101') indicates that there is a likelihood that a message 106 transmitted to the target computing device 101' will be successful or occur in accordance with certain parameters......
[0043] .... it may be the case that the message transmission server application 105' may differentiate the practicality of transmission of messages 106 to target computing devices 101' based on differing network connectivity (e.g. transmissions of messages 106 to target computing devices 101' via a network 102 connection having a first signal strength may be more or less practical than transmission of messages 106 to target computing devices 101' via a network 102 connection having a second signal strength).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Yusti’s in view of Nelson’s in view of Buchdunger’s first set of data to include Lord’s strength of communication signal between the device and the cloud-based computing system, helping decide whether a transmission will be sent to a device based on its communication signal strength and its practicality- indicating a likelihood the transmission will be successful (Abstract, 0023, 0043).
Claims 24 are rejected under 35 U.S.C. 103 as being unpatentable over Yusti (2010/0023269) in view of Nelson (2014/0278112) in view of Buchwunger (20130211547) in view of Keizer (20140277745)
Regarding Claim 24, Yusti in view of Nelson in view of Buchwunder discloses: The cloud-computing system of claim 6. Yusti does not explicitly state: Keizer discloses: wherein the one or more commands are configured to modify the configuration of the RTU, such that the RTU controls the operations of the one or more site devices, thereby causing a subsequent set of data received from the RTU to be within the expected range of values. (0020, 0039-0040- acceptable parameters for flow rate, temperature, pressure programmed into remote device which determines when parameters are outside an acceptable range and sends an instructional signal to a pump to adjust the properties back to acceptable range;
(0020-....A dataset for production water, for instance, may include variables or system parameters such as...temperature, pressure, flow rate,...Such system parameters are typically measured with any type of suitable data capturing equipment, such as sensors designed specifically for these parameters, for example...temperature sensors, thermocouples, pressure sensors....
[0039] ....the software associated with the controller or remote device can include acceptable parameters for various water properties or these acceptable parameters can be programmed into the controller or remote device, so that the controller or remote device will know if a particular measured property is within, or outside, an acceptable range. ... [0040] In any event, the controller and/or remote device can determine if any of the measured properties are outside of their acceptable range and the controller or remote device can make automatic remedial adjustments to bring this property of the water within the acceptable range. For example, if the measured conductivity is above 100,000 .mu.S, the controller or remote device can send a signal to a production water source pump to increase the flow of pond water into the working tank to lower the conductivity to within the acceptable range and/or the controller or remote device can send a signal to a production water source pump to stop or decrease the flow of frac tank water into the working tank to decrease the conductivity and bring it within the acceptable range....) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Yusti’s in view of Nelson’s in view of Buchdunger’s commands to include Keizer’s software with acceptable parameters, helping manage variables/parameters by automatically controlling a pump to ensure variables remain in acceptable range (0020, 0040)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. [AltContent: rect]
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Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT ROSS whose telephone number is (571) 270-1555. The examiner can normally be reached on Monday-Friday 8:00 AM - 5:00 PM E.S.T..
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/Scott Ross/
Examiner - Art Unit 3623
/RUTAO WU/Supervisory Patent Examiner, Art Unit 3623
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