DETAILED ACTION
The present application is related to international application no. PCT/US22/28635.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hornby et al. (US 4,831,600) in view of Venghiattis (US 3,348,314).
Claim 1. Hornby discloses An apparatus (10 “logging tool) for measuring static and dynamic fracture width of a horizontal fracture in a wellbore (14 "borehole") (Figs. 1-11; Col. 3, lines 14-28; Col. 3, line 65 – Col. 4, line 41; Col. 5, lines 1-3; Col. 7, line 38 – Col. 8, line 11; Col. 8, lines 41-59) comprising:
a caliper apparatus (“The downhole equipment may include other tools in addition to the tool 10, such as a caliper device for measuring borehole diameter”) comprising a body (Fig. 1; Col. 5, lines 1-3; Col. 7, lines 62-63; Col. 8, lines 41-59);
a caliper electronics module (26 "data processor") that is in communication with the caliper apparatus and computes the static and dynamic fracture width of the horizontal fracture over time (Fig. 1; Col. 3, lines 14-28; Col. 5, lines 4-16; Col. 7, line 38 – Col. 8, line 11; Col. 8, lines 41-59); and
a wireline connection component (top of logging tool 10 that connects to cable 12) that connects the apparatus to a wireline (12 "armored communication cable") (Fig. 1)…
Hornby does not expressly disclose: one or more retractable arms that are angularly positioned to laterally extend away from a centerline of the body via abduction and laterally retract toward the centerline of the body via adduction; and wherein the computing is based on the angular positioning of the one or more arms.
However, Venghiattis teaches an apparatus for measuring width in a wellbore (Figs. 1-2; Col. 3, lines 5-34; Col. 4, line 43 – Col. 5, line 35) comprising:
a caliper apparatus (2 "subsurface instrument") comprising a body (body of subsurface instrument 2) and one or more retractable arms (20, 22, 24 "caliper arms") that are angularly positioned to laterally extend away from a centerline of the body via abduction and laterally retract toward the centerline of the body via adduction (caliper arms 20, 22, 24 are able to rotate outwards and inwards) (Figs. 1-3; Col. 3, lines 24-44); a caliper electronics module (12 "electronic processing equipment") that is in communication with the caliper apparatus and computes width based on the angular positioning of the one or more arms (Fig. 1; Col. 4, line 55 – Col. 5, line 35); and a wireline connection component (top of instrument 2 that connects to cable 8) that connects the apparatus to a wireline (8 "logging cable"). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system in Hornby with a caliper comprising caliber arms that are able to rotate, as taught by Venghiattis, in order to allow for more precise measuring means of the borehole diameter for calculating fracture width.
Regarding Claim 2. Hornby in view of Venghiattis teach The apparatus of claim 1. Venghiattis further teaches further comprising one or more centralizers (16, 18 "upper and lower bowsprings") that individually adjust relative friction between the wellbore and the one or more centralizers (Fig. 1; Col. 3, lines 20-23).
Claim 4. Hornby in view of Venghiattis teach The apparatus of claim 2. Venghiattis further teaches wherein the one or more centralizers are bow spring centralizers (16, 18 "upper and lower bowsprings") (Fig. 1; Col. 3, lines 20-23).
Claim 5. Hornby in view of Venghiattis teach The apparatus of claim 1. Venghiattis further teaches wherein the apparatus further comprising a spacer (18 "lower bowspring") that facilitates positioning of the caliper apparatus at a fracture window (bowspring 18 helps center caliper arms 20, 22, 24 within well bore to locate a fracture) (Fig. 1; Col. 3, lines 20-23).
Claim 6. Hornby in view of Venghiattis teach The apparatus of claim 5. Regarding the limitation: wherein size of the spacer is variable and dependent on a desired positioning of the caliper apparatus as it relates to the fracture window, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the size of the bowspring in the well bore caliber system of Hornby as modified by Venghiattis to the range as claimed, because it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claim 7. Hornby in view of Venghiattis teach The apparatus of claim 5. Venghiattis further teaches wherein the spacer (18) is disposed below the caliper apparatus (20, 22, 24) and the caliper electronics module (12) (Fig. 1).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hornby et al. (US 4,831,600) in view of Venghiattis (US 3,348,314), further in view of Copland et al. (US 4,673,890).
Claim 4. Hornby in view of Venghiattis teach The apparatus of claim 2. Venghiattis further teaches wherein the one or more centralizers comprise a first centralizer (16 "upper bowspring") disposed above the caliper apparatus (2 "subsurface instrument"), and a second centralizer (18 "lower bowspring") disposed below the caliper apparatus (2) and the caliper electronics module (12 "electronic processing equipment") (Fig. 1; Col. 3, lines 20-23). Hornby in view of Venghiattis do not teach: wherein the first centralizer is disposed above the caliper electronics module. However, Copland teaches an apparatus for measuring width in a well bore comprising a caliper apparatus (10 "caliper tool"); a caliper electronics module (electronics in upper section 240); wherein a first centralizer (8 "packer section") is disposed above the caliper apparatus and the caliper electronics module (Figs. 1-11; Col. 4, line 62 – Col. 5, line 39; Col. 13, lines 29-35; Col. 23, lines 62-64). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system in Hornby with a centralizer disposed above the caliper electronics module, as taught by Copland, in order to reduce the amount of distance the information must be transferred prior to calculation.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hornby et al. (US 4,831,600) in view of Venghiattis (US 3,348,314), further in view of Johnson (US 2,415,636).
Claim 8. Hornby in view of Venghiattis teach The apparatus of claim 1. Hornby does not disclose: further comprising one or more weights that aids in maintaining positioning of the caliper apparatus. However, Johnson teaches an apparatus for measuring a width in a wellbore, the apparatus comprising a caliper apparatus (51 "body", 52 "caliper arms") and one or more weights (64 "weight") that aids in maintaining positioning of the caliper apparatus (Figs. 1-4; Col. 2, lines 24-41; Col. 4, lines 10-37, lines 48-56). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system in Hornby with one or more weights, as taught by Johnson, in order to aid the positioning of the caliper arms during measuring.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Claim 9. Hornby discloses A method for measuring static and dynamic fracture width of a horizontal fracture in a wellbore (14 "borehole") (Figs. 1-11; Col. 3, lines 14-28; Col. 3, line 65 – Col. 4, line 41; Col. 5, lines 1-3; Col. 7, line 38 – Col. 8, line 11; Col. 8, lines 41-59) comprising:
(A) running a caliper tool string (10 "logging tool") down to a bottom of the wellbore via a wireline operation (12 "cable") (Fig. 1; Col. 5, lines 1-3), wherein the caliper tool string comprises:
a caliper apparatus (“The downhole equipment may include other tools in addition to the tool 10, such as a caliper device for measuring borehole diameter”) comprising a body (Fig. 1; Col. 5, lines 1-3; Col. 7, lines 62-63; Col. 8, lines 41-59);
a caliper electronics module (26 "data processor") that is in communication with the caliper apparatus and computes the static and dynamic fracture width of the horizontal fracture over time (Fig. 1; Col. 3, lines 14-28; Col. 5, lines 4-16; Col. 7, line 38 – Col. 8, line 11; Col. 8, lines 41-59); and
a wireline connection component (top of logging tool 10 that connects to cable 12) that connects the apparatus to a wireline (12 "armored communication cable") (Fig. 1);
B) raising the caliper tool string up from the bottom of the wellbore via wireline operations until the caliper apparatus and the caliper electronics module register… (tool 10 is lifted and lowered on cable 12 around sheave wheel 20 to measure diameter of wellbore), … thereby obtaining fracture window depth measurements of a fracture window (Fig. 4; Col. 3, lines 14-28; Col. 3, line 65 – Col. 4, line 12; Col. 7, line 38 – Col. 8, line 11; Col. 8, lines 41-59);
(C) removing the caliper tool string from the wellbore via wireline operations (tool 10 can be removed from wellbore using cable 12 and sheave wheel 20) (Fig. 1);
However, Hornby does not disclose:
(A) running a caliper tool string down to a bottom of the wellbore via a wireline operation to determine depth of the bottom of the wellbore (emphasis added), wherein the caliper tool string comprises: a caliper apparatus comprising … one or more retractable arms that are angularly positioned to laterally extend away from a centerline of the body via abduction and laterally retract toward the centerline of the body via adduction; a caliper electronics module that is in communication with the caliper apparatus and computes the static and dynamic fracture width of the horizontal fracture over time based on the angular positioning of the one or more arms (emphasis added);
(B) raising the caliper tool string up from the bottom of the wellbore via wireline operations until the caliper apparatus and the caliper electronics module register an increase and subsequent decrease in diameter of the one or more retractable arms, (emphasis added) thereby obtaining fracture window depth measurements of a fracture window;
(D) determining an optimal location for a plug to be positioned within the wellbore below the fracture window based on the fracture window depth measurements and setting the plug at the optimal position via plug setting techniques, thereby providing a set plug within the wellbore;
(E) running the caliper tool string down the wellbore via wireline operations until the caliper tool string rests on an upper surface of the set plug;
(F) raising the caliper tool string up from the upper surface of the set plug via wireline operations until the caliper apparatus and the caliper electronics module register a decrease in diameter of the one or more retractable arms, thereby obtaining additional fracture window depth measurements of the fracture window;
(G) removing the caliper tool string from the wellbore via wireline operations for a second time;
(H) determining an optimal length for a spacer to be installed on the caliper tool string based on the additional fracture window depth measurements and installing the spacer of the optimal length onto the caliper tool string;
(I) running the caliper tool string with the spacer down the wellbore via wireline operations until the caliper tool string rests on the upper surface of the set plug, wherein the one or more retractable arms are positioned in slidable contact with a top of the fracture window; and
(J) monitoring the static and dynamic fracture width computed via the caliper apparatus and the caliper electronic module based on the angular movement of the one or more retractable arms as the horizontal fracture is inflated and deflated.
Venghiattis teaches an apparatus for measuring width in a wellbore (Figs. 1-2; Col. 3, lines 5-34; Col. 4, line 43 – Col. 5, line 35) comprising:
a caliper apparatus (2 "subsurface instrument") comprising a body (body of subsurface instrument 2) and one or more retractable arms (20, 22, 24 "caliper arms") that are angularly positioned to laterally extend away from a centerline of the body via abduction and laterally retract toward the centerline of the body via adduction (caliper arms 20, 22, 24 are able to rotate outwards and inwards) (Figs. 1-3; Col. 3, lines 24-44); a caliper electronics module (12 "electronic processing equipment") that is in communication with the caliper apparatus and computes width based on the angular positioning of the one or more arms (Fig. 1; Col. 4, line 55 – Col. 5, line 35); and a wireline connection component (top of instrument 2 that connects to cable 8) that connects the apparatus to a wireline (8 "logging cable"). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system in Hornby with a caliper comprising caliber arms that are able to rotate, as taught by Venghiattis, in order to allow for more precise measuring means of the borehole diameter for calculating fracture width.
However, the references, alone or in combination, fail to disclose all of the limitations of the claimed invention.
Therefore, Claims 9-20 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Crystal J. Lee whose telephone number is (571)272-6242. The examiner can normally be reached M-F from 8:00am - 5:00pm.
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/CRYSTAL J LEE/Primary Examiner, Art Unit 3674