Prosecution Insights
Last updated: April 19, 2026
Application No. 18/054,438

FLOWBACK MONITORING SYSTEM AND METHODS

Non-Final OA §103
Filed
Nov 10, 2022
Examiner
WRIGHT, GIOVANNA COLLINS
Art Unit
3672
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Ideal Completion Services LLC
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
96%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
1075 granted / 1252 resolved
+33.9% vs TC avg
Moderate +10% lift
Without
With
+9.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
28 currently pending
Career history
1280
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
34.8%
-5.2% vs TC avg
§102
32.0%
-8.0% vs TC avg
§112
22.1%
-17.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1252 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 . Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1,4,8,10,11,13,16,20,22,23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stluka et al. 7415357 in view of Briers et al. 20100217575 and Poulisse 20070295501. Referring to claim 1, Stluka discloses (see fig. 1) a method of well flowback monitoring, the method comprising: connecting a number of wells ( at 102) to a test separator (112) and a commingle separator (110) such that the number of wells are in selective fluid connection with the test separator and the commingle separator, wherein the number of wells is greater than one; monitoring the number of wells via the test separator and the commingle separator and a computing system (200), the monitoring the number of wells including: coupling a first well of the number of wells to the test separator, wherein the first well is solitarily coupled to the test separator (see col. 2, lines 55-58, only one well is connected to test separator); measuring a plurality of output values of the first well via the test separator for a first predetermined measurement period; recording and analyzing the plurality of output values of the first well via the computing system (see figure 2); coupling the first well to the commingle separator, wherein the first well is no longer in fluid connection with the test separator ; coupling a second well of the number of wells to the test separator, wherein the second well is solitarily coupled to the test separator (lines 55-58, only one well is connected to test separator, each well is individually coupled to test separator so when second well is coupled to test separator, the first well is coupled to the production separator); measuring a plurality of output values of the second well with the test separator for a second predetermined measurement period; recording and analyzing the plurality of output values of the second well via the computing system (see figure 2). Stluka does not disclose taking measurements via the commingle separator of a subset of the number of wells when a well is connected to a test separator the measurements relating to data associated with the subset of the number of wells; determining an interpolated value of the first well based on the plurality of output values of the first well; and using the interpolated value of the first well against the measurements relating to data associated with the subset of the number of wells to determine a percentage of a total of the measurements relating to the first well; wherein each well of the number of wells is rotated through the test separator for precise measuring of associated output values, the associated output values used to determine associated interpolated values for use with measurements taken via the commingle separator. Brier teaches taking measurements via a commingle separator ( see fig. 1, paragraph 0048, measurement taken at production separator when a well is connected to a test separator) when a well is connected to a test separator . Poulisse teaches connecting individual wells to a test separator (see paragraph 0042 and 0044), determining an interpolated value of the first well based on the plurality of output values of the first well; and using the interpolated value of the first well against the measurements relating to data associated with the subset of the number of wells to determine a percentage of a total of the measurements relating to the first well (see paragraph 0047-0049,model used to calculate weight coefficient which is used to calculate contribution of each well to total of commingled amount); wherein each well of the number of wells is rotated through the test separator for precise measuring of associated output values, the associated output values used to determine associated interpolated values for use with measurements taken via the commingle separator ( see paragraph 0044 and 0046-0047 each well is sent to test separator to determine proper model). Poulisse further teaches this allow the operator to known how much each individual well is contributing to total production flow from a production separator (see paragraph 0047). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the method disclosed by Stluka to taking measurements via the commingle separator of a subset of the number of wells when a well is connected to a test separator the measurements relating to data associated with the subset of the number of wells; determining an interpolated value of the first well based on the plurality of output values of the first well; and using the interpolated value of the first well against the measurements relating to data associated with the subset of the number of wells to determine a percentage of a total of the measurements relating to the first well; wherein each well of the number of wells is rotated through the test separator for precise measuring of associated output values, the associated output values used to determine associated interpolated values for use with measurements taken via the commingle separator, in view of the teachings of Briers and Poulisse, with a reasonable expectation of success in order to determine how much an individual well is contributing to a production flow when one well connected to a test separator and the remaining wells are connected to the production separator. Referring to claims 4 and 16, Poulisse discloses modifying the interpolated value based on one or more predefined settings through computer setting (see paragraph 0056, updating based on historical data). Referring to claims 8 and 20, Poulisse teaches the plurality of output values of the first well and the plurality of output values of the second well are measurements selected from a group consisting of: a number of barrels of material flowing through the test separator; a pressure reading of material flowing through the test separator; a temperature reading of material flowing through the test separator; and a flow rate reading of material flowing through the test separator ( see paragraph 0041, flowrate of material flowing through separator). Referring to claims 10 and 22, Poulisse discloses the computing system (processor means, paragraph 0029) is separate from the test separator and the commingle separator and is in remote data communication with the test separator and the commingle separator. Referring to claims 11 and 23, Stluka discloses using a plurality of valves (see fig. 1, at 104 and 105) to selectively couple the number of wells with the test separator and the commingle separator. Referring to claim 13, Stluka discloses a system for well flowback monitoring, the system comprising: a test separator (112); a commingle separator (110); a number of wells ( at 102) in selective fluid connection with both the test separator and the commingle separator, the number of wells is greater than one; a computing system (200) in data communication with the test separator and the commingle separator, the computing system, test separator, and commingle separator monitor the number of wells; a plurality of output values of a first well of the number of wells as tested from the test separator for a predetermined measurement period, the plurality of output values tested while the first well is solitarily coupled to the test separator (see fig. 2, and see col. 2, lines 55-58, only one well is connected to test separator), and the plurality of output values of the first well recorded and analyzed via the computing system (see fig. 2); a plurality of output values of a second well of the number of wells as tested from the test separator for a second predetermined measurement period, the plurality of output values tested while the second well is solitarily coupled to the test separator ( when second well is coupled to test separator), and the plurality of output values of the second well recorded and analyzed via the computing system (see fig. 2). Stluka does not disclose a plurality of measurements taken from the commingle separator of a subset of the number of wells, the subset including the first well and not including the second well, the measurements relating to data associated with the subset of the number of wells; and an interpolated value of the first well based on the plurality of output values of the first well; wherein the interpolated value of the first well is used against the measurements relating to data associated with the subset of the number of wells to determine a percentage of a total of the measurements relating to the first well; and wherein each well of the number of wells is rotated through the test separator for precise measuring of associated output values, the associated output values used to determine associated interpolated values for use with measurements taken via the commingle separator. Brier teaches taking measurements via a commingle separator ( see fig. 1, paragraph 0048, measurement taken at production separator when a well is connected to a test separator) when a well is connected to a test separator . Poulisse teaches connecting individual wells to a test separator (see paragraph 0042 and 0044), determining an interpolated value of the first well based on the plurality of output values of the first well; and using the interpolated value of the first well against the measurements relating to data associated with the subset of the number of wells to determine a percentage of a total of the measurements relating to the first well (see paragraph 0047-0049,model used to calculate weight coefficient which is used to calculate contribution of each well to total of commingled amount); wherein each well of the number of wells is rotated through the test separator for precise measuring of associated output values, the associated output values used to determine associated interpolated values for use with measurements taken via the commingle separator ( see paragraph 0044 and 0046-0047 each well is sent to test separator to determine proper model). Poulisse further teaches this allow the operator to known how much each individual well is contributing to total production flow from a production separator (see paragraph 0047). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the system disclosed by Stluka to taking measurements via the commingle separator of a subset of the number of wells when a well is connected to a test separator the measurements relating to data associated with the subset of the number of wells; determining an interpolated value of the first well based on the plurality of output values of the first well; and using the interpolated value of the first well against the measurements relating to data associated with the subset of the number of wells to determine a percentage of a total of the measurements relating to the first well; wherein each well of the number of wells is rotated through the test separator for precise measuring of associated output values, the associated output values used to determine associated interpolated values for use with measurements taken via the commingle separator, in view of the teachings of Briers and Poulisse, with a reasonable expectation of success in order to determine how much an individual well is contributing to a production flow when one well connected to a test separator and the remaining wells are connected to the production separator. Claim(s) 12 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stluka et al. 7415357 in view of Briers et al. 20100217575 and Poulisse 20070295501 as applied to claims 1 and 13 and further in view of Scott 20160333686. Referring to claims 12 and 24, Stluka, as modified, does not disclose connecting the number of wells with one or more storage tanks, the one or more storage tanks to receive material from the number of wells through the test separator and the commingle separator. Scott teaches the use of tanks to store fluid prior to transport. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the method and system disclosed by Stluka, as modified by Briers and Poulisse, to have one or more storage tanks to receive material from the number of wells through the test separator and the commingle separator in view of the teachings of Scott with a reasonable expectation of success as means to store the fluid from the separators prior to transport. Allowable Subject Matter Claims 2,3,5-7,9,14,15,17-19,21, objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIOVANNA WRIGHT whose telephone number is (571)272-7027. The examiner can normally be reached M-F 8 am- 5 pm. 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, Nicole Coy can be reached at (571) 272-5405. 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. /Giovanna Wright/ Primary Examiner, Art Unit 3672
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Prosecution Timeline

Nov 10, 2022
Application Filed
Jan 09, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
96%
With Interview (+9.6%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 1252 resolved cases by this examiner. Grant probability derived from career allow rate.

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