Prosecution Insights
Last updated: October 01, 2026
Application No. 17/639,711

METHOD AND APPARATUS FOR RHEOLOGY PROPERTY MEASUREMENTS OF DRILLING FLUIDS IN REAL-TIME

Non-Final OA §103
Filed
Mar 02, 2022
Priority
Sep 09, 2019 — provisional 62/897,662 +1 more
Examiner
MORELLO, JEAN F
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
The Texas A&M University System
OA Round
6 (Non-Final)
69%
Grant Probability
Favorable
6-7
OA Rounds
0m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
278 granted / 405 resolved
+0.6% vs TC avg
Moderate +9% lift
Without
With
+9.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
27 currently pending
Career history
431
Total Applications
across all art units

Statute-Specific Performance

§101
5.4%
-34.6% vs TC avg
§103
57.1%
+17.1% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
18.9%
-21.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 405 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments Applicant’s arguments, see page 5, filed 5/4/26, with respect to the rejection claims 11-16 have been fully considered. However, the arguments are directed toward limitations which have not yet been considered. Applicant’s arguments, see page 5, filed 5/4/26, with respect to the rejection of claims 1-4 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Farone et al. (US6439034) in view of in view of previously-cited Liu. Applicant’s arguments, see pages 6-7, with respect to the rejection(s) of claim(s) 11-16 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Farone in view of previously-cited Gao et al. (US20170254197) further in view of Zarate Losoya. Applicant’s arguments with respect to claims 5, 17-19, 21-24 are directed toward the rejections of respective claims 1 or 11 and are believed to have been addressed. 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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Farone et al. (US6439034) in view of in view of previously-cited Liu et al. (CN102374960). Claim 1: Farone teaches a system for monitoring fluid properties in real-time (liquid 20, Fig. 8; real-time col. 8, lines 37-44), the system comprising: a fluid inlet and a fluid outlet (the fluid flows through the pipe 68, thus there is an inlet and outlet), sensor pairs (transducers 18, 24) fluidly coupled to the pipe section and configured to be in contact with fluid passing therebetween (col. 3, lines 48-50), each sensor of the sensor pair being oriented perpendicular to fluid flow within each of the pipe sections and oppositely disposed from one another (col. 8, lines 37-42: waves travel perpendicular to the flow path; Fig. 8 shows the transducers are perpendicular to the fluid flow). Farone fails to teach the flow loop comprising: a plurality of pipe sections forming the flow loop, wherein each pipe section of the plurality of pipe sections is in fluid communication with each other; and sensor pairs fluidly coupled to each of the pipe sections, wherein each of the pipe sections comprises an inner diameter that differs from each other pipe section; and wherein the sensor pairs measure fluid at different velocities corresponding to the differing inner diameters of each of the pipe sections. However, Liu teaches a flow loop having a fluid inlet and a fluid outlet (Figs. 2, 3, 5), the flow loop comprising: a plurality of pipe sections forming the flow loop, wherein each pipe section of the plurality of pipe sections is in fluid communication with each other (205 Fig. 2; 306, 307 Fig. 3; 516, 517, 518, 519, 520, 521 Fig. 5); and sensor pairs coupled to each of the pipe sections perpendicular to fluid flow within each of the pipe sections (sensor manometers 204 Fig. 2; monometer 304, 305 Fig. 3; and pressure sensor pairs 504/505, 506/507, 508/509, 510/511, 512/513, 514/515 Fig. 5 ); wherein each of the pipe sections comprises an inner diameter that differs from each other pipe section ([0014] using a thin tube of 2 to 20 sections with different diameter of reducer pipe, under the same flow rate condition, generating different flow speed in the pipe space of different diameters); and wherein the sensor pairs measure fluid at different velocities corresponding to the differing inner diameters of each of the pipe sections ([0014] using a thin tube of 2 to 20 sections with different diameter of reducer pipe, under the same flow rate condition, generating different flow speed in the pipe space of different diameters. [0040-0041] the speed gradient created from constant flow pump moving fluid through decreasing diameter (reducer) pipes. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the variable-diameter tube of Liu with the device of Farone in order to improve isoperimetric measurement efficiency (Liu, middle of pg. 4). Claim 2: Farone in view of Liu teaches the system of claim 1. Farone teaches a wave generator (acoustic wave generator 12) electrically coupled to the sensor pairs (Fig. 1 shows the generator 12 connected to the transmitting transducer 18). Claim 3: Farone in view of Liu teaches the system of claim 1. Farone fails to teach wherein the fluid flow is maintained at a continuous and constant volume flow. However, Liu teaches wherein the fluid flow maintained at a continuous and constant volume flow (a constant flow pump 201, 301, 501). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a continuous flow with constant volume, as taught by Liu, with the device of Farone in order to improve measurement efficiency and thereby improve drilling fluid properties during drilling well production run (Liu, middle page 7). Claim 4: Farone in view of Liu teaches the system of claim 1. Farone teaches wherein the sensor pairs are piezoelectric discs (piezoelectric transducers 18, 24) and utilize acoustic signals to measure fluid properties (kinematic and intrinsic viscosities of the liquid. col. 8, lines 37-42). Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Farone in view of Liu further in view of previously-cited Andle (US20050132784) Claim 5: Farone in view of Liu teaches the system of claim 1, but fails to teach wherein each of the pipe sections of the plurality of pipe sections comprise a size and length such that each of the pipe sections replicate pre-determined fluid shear rates. However, Andle teaches the measurement of shear rate using acoustic wave sensors (title). Andle teaches that the shear rate is a function of the speed of the sample and the geometry of the capillary [0007]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teaching of Andle with the system of Farone in view of Liu in order to provide for measurement of viscosity at a controlled shear rate, preferably representative of the intended application (Andle [0018]). Claim 11-19, 26 are rejected under 35 U.S.C. 103 as being unpatentable over Farone in view of previously-cited Gao et al. (US20170254197) further in view of Zarate Losoya et al. (US20190277130). Claim 11: Farone teaches an acoustic measurement device, comprising: a tubular conduit (pipe 68, Fig. 8) configured for a fluid to flow therethrough; a first sensor (transducer 18) fluidly coupled to a first side of the tubular conduit and configured to be in contact with the fluid (col. 3, lines 48-50; see Fig. 8); a second sensor (transducer 24) fluidly coupled to a second side of the tubular conduit opposite the first side and configured to be in contact with the fluid (col. 3, lines 48-50; see Fig. 8); a waveform generator (acoustic wave generator 12) coupled to the first sensor (Fig. 1 shows the generator 12 coupled to the transducer 18). Farone fails to teach a data acquisition module coupled to the second sensor, wherein the data acquisition module is configured to process data received from the second sensor to identify one or more trends in the received data, the one or more trends comprising one or more of resonant frequency, kurtosis, quality factor, and correlation factor to determine at least one rheological property of the fluid. However, Gao teaches a fluid viscometer including a conduit 200 with fluid 202 flowing there through, piezoelectric source 204 and sensor 206, Fig. 2. Gao teaches the detection and recording of both the frequency response and amplitude (voltage) via the processor 208, Fig. 3 [0023-0024]. Gao calculates both viscosity and density [0023, 0038, 0041-0042]). Gao further teaches the use of Q-factor [0036, 0045]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the piezoelectric sensor to detect both amplitude (voltage) and frequency of the response signal as taught by Gao with the device of Farone in order to be able to calculate both a fluid viscosity and a fluid density (Gao [0023]). Farone in view of Gao fails to teach wherein the data acquisition module is configured to process data received from the second sensor to identify one or more trends in the received data, the one or more trends comprising one or more of resonant frequency, kurtosis, quality factor, and correlation factor to determine at least one rheological property of the fluid. However, Zarate Losoya teaches the use of machine learning and training wherein logging-while-drilling sensors [0019] provide raw data to control center 105 and processor 205 via a sensor data receiver unit 210, Fig. 2. [0020] The monitored data is received by a trained system that is developed off-line (e.g., in a lab or a factory) and is then implemented on-line at the drilling rig for on-site drilling optimization. This trained system may be continually re-trained on-site using the real-time data received from the uphole and downhole sensors. Fig. 5 shows a method 500 used to train the trained system implemented by the processor unit 205. The trained system extracts patterns (trends) and relationships between inputs and outputs in a dataset, and the system captures the relationship between inputs and outputs [0036]. Zarate Losoya uses a sonic sensor [0019], frequencies [0027], density and shear strength [0022]. Therefore, it is known in the art to utilize machine learning, training, and re-training when obtaining and monitoring a large amount of data (Zarate Losoya [0014]). Farone and Gao use frequency data as well as the quality factor when detecting fluid properties. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use machine learning, training, and re-training as taught by Zarate Losoya with the device of Farone in view of Gao in order to improve the accuracy of the measurements (Zarate Losoya [0028, 0038]). Claim 12: Farone in view of Gao further in view of Zarate Losoya teaches the device of claim 11. Farone teaches wherein the first sensor is a first piezoelectric disc (piezoelectric transducer 18). Claim 13: Farone in view of Gao further in view of Zarate Losoya teaches the device of claim 12. Farone teaches wherein the first piezoelectric disc acts as a transmitting source (the pulse generator 14 converts the power provided by the power supply 16 into voltage pulses which then drive the transmitting piezoelectric transducer 18. Col. 5, lines 5-8). Claim 14: Farone in view of Gao further in view of Zarate Losoya teaches the device of claim 11. Farone teaches wherein the second sensor is a second piezoelectric disc (piezoelectric transducer 24). Claim 15: Farone in view of Gao further in view of Zarate Losoya teaches the device of claim 14. Farone teaches wherein the second piezoelectric disc acts as a receiver (receiving piezoelectric transducer 24, end col. 4-top col. 5). Claim 17: Farone in view of Gao further in view of Zarate Losoya teaches the device of claim 11. Farone fails to teach wherein the second sensor converts damped wave signals into an output voltage. However, Gao teaches a fluid viscometer including a conduit 200 with fluid 202 flowing there through, piezoelectric source 204 and sensor 206, Fig. 2. Gao teaches the detection and recording of both the frequency response and amplitude (voltage) via the processor 208, Fig. 3 [0023-0024]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the piezoelectric sensor to detect voltage response signal as taught by Gao with the device of Farone in order to be able to calculate both a fluid viscosity and a fluid density (Gao [0023]). Claim 18: Farone in view of Gao further in view of Zarate Losoya teaches the device of claim 17. Farone fails to teach wherein the data acquisition module device records a frequency response and voltage generated by the second sensor. However, Gao teaches a fluid viscometer including a conduit 200 with fluid 202 flowing there through, piezoelectric source 204 and sensor 206, Fig. 2. Gao teaches the detection and recording of both the frequency response and amplitude (voltage) via the processor 208, Fig. 3 [0023-0024]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the piezoelectric sensor to detect both amplitude (voltage) and frequency of the response signal as taught by Gao with the device of Farone in order to be able to calculate both a fluid viscosity and a fluid density (Gao [0023]). Claim 19: Farone in view of Gao further in view of Zarate Losoya teaches the device of claim 18. Farone fails to teach wherein the data acquisition module device utilizes a fast Fourier transform routine. However, Gao teaches the processor may perform a Fast Fourier Transform (FFT) on the vibration signal [0035]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a FFT, as taught by Gao, with the device of Farone in order to transform the vibration data into the frequency domain (Gao [0035]). Claim 26: Farone in view of Gao further in view of Zarate Losoya teaches the device of claim 11. Farone fails to teach wherein the system is configured to use data acquired by the data acquisition module to predict a density and a viscosity of the fluid. However, Gao teaches a fluid viscometer including a conduit 200 with fluid 202 flowing there through, piezoelectric source 204 and sensor 206, Fig. 2. Gao teaches the detection and recording of both the frequency response and amplitude (voltage) via the processor 208, Fig. 3 [0023-0024]. Gao calculates both viscosity and density [0023, 0038, 0041-0042]). Further, Zarate Losoya teaches machine learning, training, and re-training in order to predict [0037] In general, the objective is to develop means to predict future responses states based on past predictors and evaluating the general performance of a model for future data. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the piezoelectric sensor to determine viscosity and density as taught by Gao and the machine learning and prediction of Zarate Losoya with the device of Farone in order to be able to accurately calculate and predict both a fluid viscosity and a fluid density in a hostile environment (Gao [0001], Zarate Losoya [0037]). Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Farone in view of Gao further in view of Zarate Losoya further in view of Jones et al. (US5969237). Claim 16: Farone in view of Gao further in view of Zarate Losoya teaches the device of claim 11. Gao teaches pre-selected frequency ranges between 20-100kHz (claim 8) or between 36-44kHz (claim 9), but Farone in view of Gao further in view of Zarate Losoya fails to teach wherein the waveform generator produces an electrical waveform that is swept through a pre-selected frequency range. However, Jones teaches acoustic signal measurement to detect a property of a flowing fluid wherein the transmitter is swept through a frequency spectrum (end col. 5- top col. 6: The acoustic probe 10 should be capable of sending an acoustic signal having a duration, amplitude and frequency range suitable for the invention. Such signal may be a pulse or a "tone-burst"… If the signal is a tone-burst, it is directed into the oil in place of the spike, or pulse, just described. The tone-burst sweeps through the frequency spectrum selected for use and each frequency is detected and analyzed separately.) Gao teaches a range of frequencies transmitted for the best results for most liquids and Jones teaches sweeping through the range frequencies. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to sweep the transmitter though a preselected frequency range for the obvious benefit of detecting and analyzing each frequency (Jones, end col. 5-top col. 6). Claims 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Farone in view of Liu further in view of Andle further in view of previously-cited vanOort et al. (US20150330213). Claim 21: Farone in view of Liu further in view of Andle teaches the system of claim 5, but fails to teach wherein the flow loop is designed to replicate American Petroleum Institute (API) stipulated shear rates. Andle teaches the measurement of shear rate using acoustic wave sensors (title). Andle teaches that the shear rate is a function of the speed of the sample and the geometry of the capillary [0007]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the teaching of Andle with the system of Farone in order to provide for measurement of viscosity at a controlled shear rate, preferably representative of the intended application (Andle [0018]). Farone in view of Liu further in view of Andle fails to teach wherein the flow loop is designed to replicate American Petroleum Institute (API) stipulated shear rates. However, vanOort teaches viscosity measurements carried out at a rig site using test protocols and equipment standardized by the American Petroleum Institute (API) including 13-B1, 13-B2, 13C, and 13D [0003]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to design the flow loop of Farone in view of Liu further in view of Andle, including controlling volume flow rate (speed) and geometry, to replicate the API stipulated shear rates as taught by vanOort, in order to measure rheological properties of fluids for optimum maintenance and optimum wellbore hydraulic management (vanOort [0003]). Claim 22: Farone in view of Liu further in view of Andle further in view of vanOort teaches the system of claim 21. Farone fails to teach six pipe sections of six different pipe diameters. Liu teaches teach six pipe sections (capillary tubes 516-521) of six different pipe diameters (Fig. 5 shows six pipe sections 516, 517, 518, 519, 520, 521) of six different pipe diameters (see Fig. 5, page 6, Embodiment 2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the variable-diameter tube of Liu with the device of Farone in order to improve isoperimetric measurement efficiency (Liu, middle of pg. 4). Claim 23: Farone in view of Liu further in view of Andle further in view of vanOort teaches the system of claim 22, Farone in view of Liu further in view of Andle fails to teach wherein the six pipe sections are configured to replicate the following six pre-determined fluid shear rates: 5.11 s-1, 10.21 s-1, 170.23 s-1, 340.46 s-1, 510.69 s-1, and 1021.38 s-1. However, vanOort teaches viscosity measurements carried out at a rig site using test protocols and equipment standardized by the American Petroleum Institute (API) including 13-B1, 13-B2, 13C, and 13D [0003]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to design the flow loop of Farone in view of Liu further in view of Andle, including controlling volume flow rate (speed) and geometry, to replicate specific API stipulated shear rates as taught by vanOort, in order to measure rheological properties of fluids for optimum maintenance and optimum wellbore hydraulic management (vanOort [0003]). Claim 24: Farone in view of Liu further in view of Andle further in view of vanOort teaches the system of claim 21, Farone fails to teach six sensor pairs placed at each pipe section to measure the fluid properties at six pre-determined fluid shear rates. Liu teaches six sensor pairs placed at each pipe section to measure the fluid properties at six pre-determined fluid shear rates (Liu teaches six sensor pairs; a pair for each respective pipe section, Figs. 5). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a sensor pair, as taught by Farone, for each pipe section, as taught by Liu, in order to obtain measurements of the fluid at different velocities, thereby improving drilling fluid properties during drilling well production run (Liu, middle page 7). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN MORELLO whose telephone number is (313)446-6583. The examiner can normally be reached M-F 9-4. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Deherrera can be reached at 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JEAN F MORELLO/Examiner, Art Unit 2855 7/17/26 /KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855
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Prosecution Timeline

Show 12 earlier events
Sep 02, 2025
Notice of Allowance
Nov 03, 2025
Response after Non-Final Action
Nov 16, 2025
Response after Non-Final Action
Feb 17, 2026
Non-Final Rejection mailed — §103
Apr 21, 2026
Examiner Interview Summary
Apr 21, 2026
Applicant Interview (Telephonic)
May 04, 2026
Response Filed
Jul 23, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

6-7
Expected OA Rounds
69%
Grant Probability
78%
With Interview (+9.0%)
2y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 405 resolved cases by this examiner. Grant probability derived from career allowance rate.

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