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 .
Priority
Current application, US Application No. 18/247,399 filed on 03/30/2023, is a National Stage entry of PCT/CN2022/083249, International Filing Date: 03/28/2022.
DETAILED ACTION
This office action is responsive to the application filed on 03/30/2023. Claims 1-20 are currently pending.
Specification
The disclosure is objected to because of the following informalities: In par. [0034], the phrase “the initial first break estimates may be determined based the unique source-receiver distance for each receiver, the sonic slowness log, a wellbore diameter, and a mud slowness using equation (1)” should be replaced with “the initial first break estimates may be determined based the unique source-receiver distance for each receiver and the slowness log using equation (1)” or with an appropriate phrase because the sonic slowness log, a wellbore diameter, and a mud slowness cannot be found in the equation (1).
Appropriate correction is required.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to nonstatutory subject matter. 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.
Specifically, representative claim 1 recites:
“A method for determining a set of final first breaks of a sonic dataset obtained from a sonic tool moveable within a wellbore, wherein the sonic tool comprises a source and a plurality of receivers each separated by a unique source-receiver distance, and the sonic dataset includes a plurality of traces each corresponding to a unique combination of one of the plurality of receivers and one of a plurality of source activation locations in the wellbore, (1.A) the method comprising:
determining, using a computer processor, a sonic slowness log from the sonic dataset; (1.B)
for each trace recorded by a subset of the plurality of receivers, using the computer processor:
determining an initial first break estimate for each trace, and determining a second first break estimate based on an energy ratio within a time window surrounding the initial first break estimate; (1.C)
for each of the plurality of traces in the sonic dataset, using the computer processor:
predicting a refined first break estimate based, at least in part, on the second first break estimates, the sonic slowness log, and an inter-receiver distance; (1.D)
and determining the set of final first breaks of the sonic dataset by applying a time shift to the refined first break estimates (1.E)”.
The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements”.
Under the Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (Process - Method).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exception. Specifically, under the 2019 Revised Patent Subject Matter Eligibility Guidance, it falls into the grouping of subject matter when recited as such in a claim limitation, that covers mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations), and mental processes (concepts performed in the human mind including an observation, evaluation, judgement, and/or opinion).
For example, highlighted limitations/steps (1.A) – (1.E) are treated by the Examiner as belonging to Mathematical Concept grouping or a combination of Mathematical Concept and Mental Process groupings as the limitations include Mathematical Calculations/Algorithms, or show Mathematical Relationship combined with optional Mental evaluations/judgements. (see specification – estimating the slowness [0033], estimating initial first break [0034, Eq. 1], determining a second first break [0036-0037, Eq.2], determine refined first break [0038-0043, Eq. 3-5], determine first final break [0044, Eq. 6]).
Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
The above claims comprise the following additional elements: (Side Note: duplicated elements are not repeated)
In Claim 1: “A method”, “a sonic dataset obtained from a sonic tool moveable within a wellbore, wherein the sonic tool comprises a source and a plurality of receivers each separated by a unique source-receiver distance” and “using a computer processor”;
In claim 5: “the subset of the plurality of receivers comprises: a near-receiver located nearest to the source; a far-receiver located farthest from the source; and at least one receiver located between the near-receiver and the far-receiver”;
In Claim 8: “A non-transitory computer readable medium storing instructions executable by a computer processor” and “obtaining a sonic dataset from a sonic tool”;
In Claim 15: “A system”, “the sonic tool to acquire the sonic dataset” and “a logging acquisition system to record the sonic dataset; and a processor”;
As per claim 1, the additional element in the preamble “A method” is not a meaningful limitation because the preamble simply links the method with an abstract idea, i.e. determining a set of final first breaks of a sonic dataset, despite reciting a lengthy description on the sonic data set regarding where the data set came from, e.g. a sonic tool. The sonic tool described in length is a standard tool in the art and it is not particular. The limitation “using a processor” represents a use of a general computer and only adds insignificant extra solution to the judicial exception..
As per claim 5: the limitation/element “the subset of the plurality of receivers comprises: a near-receiver located nearest to the source; a far-receiver located farthest from the source; and at least one receiver located between the near-receiver and the far-receiver” represent standard sonic tool components in the art and they are not particular. The limitation/step “obtaining a sonic dataset from a sonic tool” represents a standard data collection step in the art and only adds insignificant extra solution to the judicial exception.
As per claim 8, the additional element in the preamble “A non-transitory computer readable medium storing instructions executable by a computer processor” is not a meaningful limitation because the preamble simply links the computer readable media with another generic computer resource and even fails to link the medium with a particular operation or field of use.
As per claim 15, the additional element in the preamble “A system” is not qualified as a meaningful limitation because the preamble simply links the system with an abstract idea, i.e. determining a set of final first breaks of a sonic dataset, despite of a lengthy description on the sonic data set regarding where the data set came from, e.g. a sonic tool. The sonic tool described in length is a standard tool in the art and it is not particular. The limitations/elements “the sonic tool to acquire the sonic dataset” and “a logging acquisition system to record the sonic dataset; and a processor” are standard elements in the art and they are not particular.
In conclusion, the above additional elements, considered individually and in combination with the other claim elements as a whole do not reflect an improvement to the computer technology or other technology or technical field, and, therefore, do not integrate the judicial exception into a practical application. No particular machine or real-world transformation are claimed. Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B.
Under Step 2B analysis, the above claims fail to include additional elements that are sufficient to amount to significantly more than the judicial exception as shown in the prior art of record.
The limitations/elements listed as additional elements above are well understood, routine and conventional steps/elements in the art according to the prior art of record. (See Val-872, Sun, Zero, Akram, Liu and others in the list of prior art cited below)
Claims 1-20, therefore, are not patent eligible.
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, 5, 8, 12, 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Valero (US 20050128872 A1), hereinafter ‘Val-872’ in view of Sun (US 20190293823 A1), hereinafter ‘Sun’.
As per claim 1, Val-872 discloses
A method for determining a set of final first breaks of a sonic dataset obtained from a sonic tool moveable within a wellbore, (methods … provide robust, reliable first arrival, methods … automatically providing good first arrival [abs, 008-009], generation and recording of borehole acoustic waves is a key measurement employed in oilfield borehole logging, single source of sonic waves and two or more receivers, two or more acoustic sources and many receivers arranged in an array, acoustic borehole measurement [0003], logging while drilling ‘LWD’ [0041])
wherein the sonic tool comprises a source and a plurality of receivers each separated by a unique source-receiver distance, and the sonic dataset includes a plurality of traces each corresponding to a unique combination of one of the plurality of receivers and one of a plurality of source activation locations in the wellbore, (tools include … single source of sonic waves and two or more receivers, two or more acoustic sources and many receivers arranged in an array, acoustic borehole measurement [0003], source, inter-receiver spacing [0004], waveform segments [0005], sonic tool, source, receivers [0141, Fig. 14])
the method comprising:
determining, using a computer processor, (computer processor [0141]) a sonic slowness log from the sonic dataset; (determine … formation slowness [0142])
for each trace recorded by a subset of the plurality of receivers, using the computer processor: (acquisition of waveforms [0006], waveform array [0012], receiving acoustic waveforms with a plurality of receivers [0014], computer processor [0141])
determining an initial first break estimate for each trace, (detection of all first breaks in a waveform array [0012])
and determining a second first break estimate based on an energy ratio within a time window surrounding the initial first break estimate; (calculating a window for one of the acoustic waveforms containing a first break of a component signal of interest, and automatically detecting the first break location of the component signal of interest within the window, [0014], automatically define a window containing the first arrival around a portion of the waveform, automatically detect the first arrival within the window, energy ratio … damp high energy late arrivals [0016]), implying determining a second first break)
for each of the plurality of traces in the sonic dataset, using the computer processor:
predicting a refined first break estimate based, at least in part, on the initial first break estimates, the sonic slowness log, and an inter-receiver distance; (redetection procedure … from the initial first arrival detection, estimate of the slowness, zone of investigation [0125], spacing corresponding to the receivers [0126], further refine first arrival … by analyzing and despiking first arrival data [0130])
Although Val-872 is not explicit reciting the second first break estimate, Val-872 discloses all the necessary steps to determine the second first break estimate (window, first arrival, energy ration [0014, 0016]) and to predict a refined first break from the initial first break estimate and also based on the other first break estimates through a repeated process (localization function, repeating the methods for finding the initial first arrival to find arrivals for additional … signals [0139]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of Val-872 to predict a refined first break estimate based, at least in part, on the second first break estimates, the sonic slowness log, and an inter-receiver distance in order to obtain a good, robust and reliable first break estimate (Val-872 - methods … provide robust, reliable first arrival, methods … automatically providing good first arrival [abs, 008-009]).
Val-872 further discloses determining other first break using waveform moveout (detection of other first arrivals comprises correcting the waveforms move out [0140]), implying time shift, but is not explicit on determining the set of final first breaks of the sonic dataset by applying a time shift to the refined first break estimates.
Sun discloses time delay can be used to update the first arrival time estimation (time delay … are used to update the initial first arrival time estimation [0034]) and Sun is in the same first break estimation art as Val-872.
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of Val-872 in view of Sun to determine the set of final first breaks of the sonic dataset by applying a time shift to the refined first break estimates in order to obtain a good, robust and reliable first break estimate.
As per claim 8, Val-872 and Sun disclose
A non-transitory computer readable medium storing instructions executable by a computer processor, (Val-872 - a computer, as set of instructions [0019]) (Sun - software instructions, computer-readable medium [0051]).
Val-872 in view of Sun discloses the remaining limitations as shown in claim 1 above.
As per claim 15, Val-872 discloses
A system for determining a set of final first breaks of a sonic dataset obtained from a sonic tool moveable within a wellbore, (systems provide robust, reliable first arrival, systems … automatically providing good first arrival [abs, 008-009], generation and recording of borehole acoustic waves is a key measurement employed in oilfield borehole logging, single source of sonic waves and two or more receivers, two or more acoustic sources and many receivers arranged in an array, acoustic borehole measurement [0003], logging while drilling ‘LWD’ [0041])
wherein the sonic tool comprises a source and a plurality of receivers each separated by a unique source-receiver distance, and the sonic dataset includes a plurality of traces each corresponding to a unique combination of one of the plurality of receivers and one of a plurality of source activation locations in the wellbore, the system comprising: (tools include … single source of sonic waves and two or more receivers, two or more acoustic sources and many receivers arranged in an array, acoustic borehole measurement [0003], source, inter-receiver spacing [0004], waveform segments [0005], sonic tool, source, receivers [0141, Fig. 14])
the sonic tool to acquire the sonic dataset; (measurement, data, sonic tool [0042])
a logging acquisition system to record the sonic dataset; (logging means to record a measurement [0042])
and a processor (data to a processing center [0042], computer processing resource [0043]).
Val-872 in view of Sun disclose the remaining limitations as shown in claim 1 above.
As per claims 5, 12 and 18, Val-872 and Sun disclose claims 1, 8 and 15 set forth above.
Val-872 discloses the subset of the plurality of receivers comprises: a near-receiver located nearest to the source; a far-receiver located farthest from the source; and at least one receiver located between the near-receiver and the far-receiver. (source ‘S’/receiver ‘R’ arrangement [0141, Fig. 14])
Claims 2, 7, 9, 14, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Val-872 and Sun in view of Zeroug (US 20060233047 A1), hereinafter ‘Zero’.
As per claims 2, 9 and 16, Val-872 and Sun disclose claims 1, 8 and 15 set forth above.
The set forth combined prior art is silent regarding determining the initial first break estimate is based at least in part, on the unique source-receiver distance, the sonic slowness log, a wellbore diameter, and a mud slowness.
Zero discloses determining the first arrival time can be derived from the source-receiver distance, the sonic slowness log, a wellbore diameter, and a mud slowness using inversion technique (profiling acoustic slowness [abs], inverting the first arrival time, inversion technique has been found to be quite sensitive with respect to the choice of the initial slowness model needed to start the inversion and also with respect to mud slowness and borehole diameter. [0006], transmitter-receiver spacing given by the distance between the transmitter to the midpoint of the receiver pairs [0037]).
Zero is in the same art as the combined prior art addressing sonic or acoustic logging of earth formations surrounding a borehole.
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of the combined prior art in view of Zero to determine the initial first break estimate based at least in part, on the unique source-receiver distance, the sonic slowness log, a wellbore diameter, and a mud slowness in order to obtain a good, robust and reliable first break estimate.
As per claims 7, 14 and 20, Val-872 and Sun disclose claims 1, 8 and 15 set forth above.
The set forth combined prior art is silent regarding determining the radial variation of sonic slowness around the wellbore based, at least in part, on the tomographic inversion of the set of final first breaks.
Zero discloses determining the radial variation of sonic slowness around the wellbore based using the tomographic inversion technique for the first arrival (sonic … logging, radial variation … slowness of formations surrounding a borehole [0002], tomographic imaging [0076], radial profiling, radial slowness variation [0077, Fig. 8], inversion of the first arrival [0081], tomographic reconstruction, tomography [0006-0007]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of the combined prior art in view of Zero to determine the radial variation of sonic slowness around the wellbore based, at least in part, on the tomographic inversion of the set of final first breaks for facilitating an accurate radial profiling of acoustic slowness of a formation traversed by a borehole (see Zero – radial profiling od … slowness [abs, 0002, ]) (see Val-872 – characterize formation slowness, inaccuracies, accurate slowness values [abs, 0003-0008]).
Claims 3-4, 10-11 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Val-872 and Sun in view of Akram (Akram, Jubran, and David W. Eaton. "A review and appraisal of arrival-time picking methods for downhole microseismic data." Geophysics 81, no. 2 (2016): KS71-KS91), hereinafter ‘Akram’.
As per claims 3, 10 and 17, Val-872 and Sun disclose claims 1, 8 and 15 set forth above.
Val-872 discloses determining a first time-window surrounding the initial first break estimate; calculating a first trace energy for a second time-window preceding each time in the first time-window; calculating a second trace energy for a third time-window following each time in the first time-window; determining, for each time in the first time-window, an energy ratio from the first trace energy and the second trace energy; (window, energy ratio and energy function computation [0058], two windows before and after the point of interest, statistical test performed within the windows in order to determine whether the point of interest is a spike or not [0059], a sliding window … used to evaluate whether or not a first break detected [0132]), but is silent regarding finding an extremum value of the energy ratios for each time within the first time-window.
Akram discloses determining maximum of energy ratio between the pre- and post-sample windows (the pre- and post-sample windows, energy ratio, maximum … represents the arrival-time pick [pg. 4 right col par. 1 from the bottom – pg. 5 right col par. 1, eq. 3-4]).
Akram is in the same art as the combined prior art concerning estimation of an accurate first arrival-time.
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of the combined prior art in view of Akram to find an extremum value of the energy ratios for each time within the first time-window in order to obtain a good, robust and reliable first break estimate.
As per claims 4 and 11, Val-872, Sun and Akram disclose claims 3 and 10 set forth above.
Akram already discloses the extremum comprises maximum (energy ratio, maximum [pg. 4 right col par. 1 from the bottom – pg. 5 right col par. 1, eq. 3-4]).
Claims 6, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Val-872 and Sun in view of Liu (CN 101630015 B), hereinafter ‘Liu’
As per claims 6, 13 and 19, Val -872 and Sun disclose claims 1, 8 and 15 set forth above.
The set forth combined prior art is silent regarding performing a weighted interpolation based, at least in part, on the second first break estimate of the subset of the plurality of receivers and the sonic slowness log.
Liu discloses using weighted interpolation for determining first break wave time (correction, first picking precision [0002], weighted interpolation [0010, claim 1], improving first break picking precision and efficiency, weighted interpolation [claim 1]) and Liu is in the same art as the combined prior art dealing with determining wave travel time including first breaks.
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of the combined prior art in view of Liu to perform a weighted interpolation based, at least in part, on the second first break estimate of the subset of the plurality of receivers and the sonic slowness log to predict the refined first break estimate for each of the plurality of receivers and the corresponding plurality of source activation locations as a way to obtain a good, robust and reliable first break estimate.
Notes with regard to Prior Art
The prior arts made of record are provided as additional references relevant to the current claims.
Valero (US 20170176621 A1), hereinafter ‘Val-621’ discloses a robust automated techniques to estimate first-arrival times of waves on drilling and measurement acoustic data.
Valero (H-P Valero et al., "Estimation of Borehole Fluid Slowness Using Sonic Array Waveforms", SEG Houston 2009 International Exposition and annual Meeting, pp. 361-365 (5 pages)), hereinafter ‘Val-NPL’ discloses a probabilistic approach to obtain
an estimate of the mud slowness.
Chen (CN 101551464 A) also discloses (first break wave time correction [pg. 2 line 29], first arrival curve, weighted interpolation [claim 5]).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS KAY, whose telephone number is (408) 918-7569. The examiner can normally be reached on M, Th & F 8-5, T 2-7, and W 8-1.
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/DOUGLAS KAY/
Primary Examiner, Art Unit 2857