This Office action is in response to amendment filed on 4/27/2026.
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 .
Examiner’s Note
This Office action is re-opening a non-final due to the prior art found for claims 1-15.
Election/Restrictions
Applicant’s election of invention I, claims 1-15 in the reply filed 4/27/2026, is acknowledged.
Response to Amendments
The amendments filed on 4/27/2026 to claims are entered.
Claims 1 and 11 have been amended.
Claim 16-20 have been withdrawn.
Claims 1-15 have been examined.
Response to Arguments
Applicant’s arguments filed on 4/27/2026 have been fully considered.
Claim 1 has been amended. Thus, the 112(b) rejection to claim 1 has been withdrawn.
Regarding the 101 rejection, Applicant argues “Even if the claims recite an abstract feature, "[t]he overall process [can be] patent eligible because of the way the additional steps of the process integrate[] the [ abstract feature] into the process as a whole. Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 80, 84 (2012). The USPTO explained that "[o]ne way to demonstrate such integration is when the claimed invention improves the functioning of a computer or improves another technology or technical field." MPEP § 2106.04(d)(l).
In response, the Examiner respectfully disagrees. Claim 1 amended “outputting the current steady-state pressure distribution for modifying a well fluid extraction rate, a well fluid injection rate, or both” recites an extra-solution activity (i.e., mere data outputting) for an intended use that falls into the groupings of mental process and mathematical concept, i.e., outputting data to be used by human to make a decision, such as “observation, evaluation, judgment, opinion”, see MPEP 2106.04(a)(III), and “a steady state pressure distribution” involves a mathematical concept The claim recites no additional limitation to amount significant more than the abstract idea. The claim as a whole does not improve the functioning of the computer or technological field. Thus, claim 1 is ineligible.
References Listed in Specification
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, applications, or other information submitted for consideration by the Office, and MPEP § 609.04(a), subsection I. states, "the list may not be incorporated into the specification but must be submitted in a separate paper. (see ¶¶ 4-5, 41, 56, and 98-102). Therefore, unless the references have been listed on form PTO-892 or have been cited by the examiner on form PTO-892, they have not been considered.
Claim Objections
Claim 11 is objected to because of the following informalities:
Claim 11 recites “outputting the current steady-state pressure distribution” should read “the outputting the current steady-state pressure distribution”.
Appropriate correction required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 5 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 5 recites “using a current contact” is indefinite. It is unclear whether “current contact” refers to “a current phase pressure contact”?
For purpose of examination, it is interpreted “the current phase pressures and capillary pressures distribution are calculated using a current phase pressure contact”.
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 1-15 are rejected under 35 U.S.C. 101 as 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.
Regarding claim 1, the examiner submits that under Step 1 of the 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence (see also 2019 Revised Patent Subject Matter Eligibility Guidance) for evaluating claim for eligibility under 35 U.S.C. 101, the claim is to a method, which is one of the statutory categories of invention.
Continuing with the analysis, under Step 2A - Prong One of the test.
Regarding claim 1 (see italic text for abstract idea):
The limitations “determining paleo phase pressure distribution for at least a part of the subsurface; accessing current phase pressures for the at least a part of the subsurface; determining, by iteratively determining hysteresis scanning curves using the paleo phase pressure distribution and the current phase pressures, the current steady-state pressure distribution in the at least a part of the subsurface; and outputting the current steady-state pressure distribution for modifying a well fluid extraction rate, a well fluid injection rate, or both” fall into the groupings of mental processes and mathematical concepts (determining paleo phase pressure, accessing current phase pressure; determining the current state pressure by iteratively; for modifying a well fluid extraction rate, a well fluid injection rate, or both).
Thus, claim 1 recites a judicial exception under Step 2A - Prong One of the test.
Furthermore, under Step 2A - Prong Two of the test, this judicial exception is not
integrated into a practical application. In particular, the additional elements recited in the claim:
“A computer-implemented method of determining and using current steady-state pressure distribution in a subsurface” generally links the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)), while also adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)); and
“outputting the current steady-state pressure distribution for modifying a well fluid extraction rate, a well fluid injection rate, or both” adds extra-solution activities (e.g., mere data outputting, source/type of data) for intended use purposes that are part of the judicial exception (see MPEP 2106.05(g)).
Accordingly, there is no additional element recited in the claim that, when considered individually or in combination, integrate the judicial exception into a practical application because the additional elements recited in the claim do not impose any meaningful limits on practicing the abstract idea when considering the claim as a whole, thus, the claim is directed to judicial exception under Step 2A of the test.
Additionally, under Step 2B of the test, the claim does not include additional elements that, when considered individually and in combination, are sufficient to amount to significantly more than the judicial exception, as explained above with respect to Step 2A – Prong Two. The claim, when considered as a whole, does not provide significantly more under Step 2B of the test.
Based on the analysis, the claim is not patent eligible.
With regards to the dependent claims, they are also directed to non-statutory subject matter because:
they just extend the abstract idea of the independent claim by additional limitations (claims 2-15), that under the broadest interpretation in light of the specification, cover performance of the limitations using mental processes and mathematical concepts, and
the additional elements recited in the dependent claims, when considered individually and in combination, refer to extra-solution activities (e.g., mere data gathering, such as hysteresis scanning curves in claims 2, 6-7, 12-15), which as indicated in the Office's guidance does not integrate the judicial exception into a practical application (Step 2A -Prong Two) and/or does not provide significantly more (Step 2B).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless -
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5, 7-13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated over Li et al., hereinafter Li, US 2019/0187311). As evidenced by Reference of Aleidan et al (Residual Oil Zone: Paleo Oil Characterization and Fundamental Analysis, see ¶ 4 of current specification).
As per Claim 1, Li teaches a computer-implemented method of determining and using current steady-state pressure distribution in a subsurface, the method comprising:
determining paleo phase pressure distribution for at least a part of the subsurface ( see [0016]-[0020] – the residual oil saturation after water flood considered to determine paleo phase pressure distribution. See Reference of Aleidan et al, Abstract. In addition, Darcy's equation to determine fluid flow in the subsurface [0077], determine the path of the scanning curve corresponding to each historical extreme saturation [0111], water-oil capillary pressure distribution [0054], all above considered to determine paleo-phase pressure distribution, see also [0099]-[0100], [0104], [0109]-[0110] );
accessing current phase pressures for the at least a part of the subsurface ( the computation of time-varying fluid pressure and fluid compositions” is considered assessing phase pressures, see [0076] );
determining, by iteratively determining hysteresis scanning curves using the paleo phase pressure distribution and the current phase pressures, the current steady-state pressure distribution in the at least a part of the subsurface ( history-dependent trapping in transition zone of the subsurface known as “hysteresis”. The reversible “scanning curves” (simplified hysteresis loop), considered determining current steady state pressure distribution by iteratively determining hysteresis scanning curves, see [0050]-[0051], [0083] ); and
outputting the current steady-state pressure distribution for modifying a well fluid extraction rate, a well fluid injection rate, or both ( Fig 1, step 118- outputting results, i.e., includes both displaying time-varying fluid pressure and flid composition, considered, considered transient-to-state outputting/reporting, see [0069], [0078] ).
As per Claim 2, Li teaches the method of claim 1, further comprising partitioning the subsurface into a plurality of vertical columns ( a subsurface model distributed into a plurality of voxels, is considered and organized into vertical columns, see [0037], [0004], [0048], [0074], [0121], [0123] ); and wherein for each of the plurality of vertical columns, a respective parallel computing processes are performed to iteratively determine the hysteresis scanning curves for a respective vertical column of the subsurface ( [0037] -also distributing a subsurface into a plurality of cells that required to process it in parallel, see [0080-[0081]] ).
As per Claim 3, Li teaches the method of claim 1, wherein determining the paleo phase pressure distribution for the at least a part of the subsurface utilizes displacement modeling technology to capture a primary drainage process for reservoir charging up to a paleo contact ( constructing a subsurface model for a subsurface region and using the subsurface model in simulations and in hydrocarbon operations, such as hydrocarbon
exploration, hydrocarbon development, and/or hydrocarbon production, considered “displacement modeling technology”, see Abstract, [0087]. The creation of the subsurface model may include forming a structural framework of objects, e.g., surfaces, such as faults, horizons), considered displacement modeling technology to capture a primary drainage process for reservoir charging up to a paleo contact, see [0074] ).
As per Claim 5, Li teaches the method of claim 1, wherein the current phase pressures and capillary pressures distribution are calculated using a current contact ([0076] -simulation results meaning calculating both current phase pressures and capillary pressure distributions over time, see also [0069] ).
As per Claim 7, Li teaches the method of claim 6, wherein iteratively determining hysteresis scanning curves further comprises: adjusting oil or gas saturation using endpoints of a respective hysteresis scanning curve in order to correct a residual hydrocarbon estimate within a paleo zone in the subsurface (isomorphic
reversible scanning curves for enhanced modeling and simulation of hysteresis in the subsurface [0002], or creating subsurface models that enhance the generation of isomorphic reversible scanning curve for simulating hysteresis in reservoir simulators [0073], [0072], are considered adjusting oil-gas saturation based on the endpoints of the hysteresis scanning path ).
As per Claim 8, Li teaches the method of claim 7, wherein adjusting of the oil or the gas saturation using the endpoints accounts for trapped gas or residual oil saturation in the subsurface (the curve connecting the endpoint of imbibition curve and the endpoint of the drainage curve, considered the path or scanning curves connecting the endpoints of the imbibition and drainage curves directly accounts for trapped gas or residual oil saturation via capillary hysteresis, see [0058], [0101] ).
As per Claim 9, Li teaches the method of claim 1, wherein determining the current steady-state pressure distribution in the at least a part of the subsurface comprises determining one or both of a current steady-state oil/water interface or a current steady-state gas/water interface in the subsurface ( water-oil capillary pressure considered determining a current steady-state oil/water interface, see [0054], [0060] ).
As per Claim 10, Li teaches the method of claim 1, wherein determining the current steady-state pressure distribution in the at least a part of the subsurface comprises determining both a current steady-state oil/water interface and a current steady-state gas/water interface in the subsurface (Hydrocarbons is produced from hydrocarbon reservoirs through wells penetrating a hydrocarbon containing formation, considered both determining a current steady-state oil/water interface and gas/water interface, see [0032] )..
As per Claim 11, Li teaches the method of claim 1, wherein outputting the current steady-state pressure distribution for modifying the well fluid extraction rate, the well fluid injection rate, or both, comprises: using the current steady-state pressure distribution for initializing a subsurface reservoir simulation to generate one or more results (Fig 1 shows processing, e.g., obtaining initial historical fluid data, generating scanning curves, performing simulation, and output results, considered using the current steady-state pressure distribution for initializing a subsurface reservoir simulation to generate one or more results, see [0081] ); and using the one or more results for the hydrocarbon management modifying the well fluid extraction rate, the well fluid injection rate, or both (Fig 1, step 120, the simulation results utilized to perform hydrocarbon operations is considered modifying both the well fluid extraction rate and the well fluid injection rate, see [0078]).
As per Claim 12, Li teaches the method of claim 1, wherein the hysteresis scanning curves are bounded by drainage and imbibition curves ([0074] - the bounding curves in a hysteresis model are the main drainage curve and the main imbibition curve).
As per Claim 13, Li teaches the method of claim 1, wherein iteratively determining hysteresis scanning curves using the paleo phase pressure distribution and the current phase pressures comprises: generating the hysteresis scanning curves by deviating from an ideal scanning curve (the displacement curve of water-oil capillary pressure, considered deviating from an ideal scanning curve, see [0100], [0104], [0107]).
As per Claim 15, Li teaches the method of claim 1, wherein iteratively determining hysteresis scanning curves comprises determining the hysteresis scanning curves at multiple levels in the subsurface ( the scanning curves used to simplify the hysteresis loop is considered hysteresis scanning curves, see [0051], Fig 2 shows the graph 200 represents water relative permeability that can capture displacement hysteresis scanning curve occurring across multiple levels of the subsurface, see [0084]).
Claim Rejections - 35 USC § 103
The following is a quotation under AIA of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action.
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claim 4 is rejected under 35 U.S.C. 103 as being obvious over Li in view of Jacks et al., hereinafter Jacks (The Modeling of a Three-Dimensional Reservoir with a Two-Dimensional Reservoir Simulator-The Use of Dynamic Pseudo Functions).
As per Claim 4, Li teaches the method of claim 3, wherein determining the paleo phase pressure distribution for the at least a part of the subsurface further comprises as state above, but Li does not teach computing paleo saturations and pseudo-paleo phase pressure column distribution using a saturation-height calculation at the paleo contact. Jacks teaches computing paleo saturations and pseudo-paleo phase pressure column distribution using a saturation-height calculation at the paleo contact ( vertical equilibrium (VE) pseudo-capillary pressures considered computing paleo-saturations and pseudo-paleo phase pressure column distributions using a saturation-height calculation at the paleo-contact, see Abstract ). It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to modify the teaching of Li implementing pseudo-paleo phase column distribution as taught by Jacks that would facilitate dynamic pseudo-relative permeabilities derived from cross-section models can be used to simulate three-dimensional flow accurately in a two-dimensional areal model of a reservoir that are applicable over a wide range of rates and initial fluid saturations (Jacks, Abstract).
Claim 6 is rejected under 35 U.S.C. 103 as being obvious over Li in view of
Bazin et al., hereinafter Bazin (Fracturing in Tight Gas Reservoirs: Application of Special-Core-Analysis Methods To Investigate Formation-Damage Mechanisms).
As per Claim 6, Li teaches the method of claim 5, wherein iteratively determining hysteresis scanning curves using the paleo phase pressure distribution and the current phase pressures, comprise:
the hysteresis scanning curves using paleo saturations ( Fig 4 shows scanning curves for water-oil considered the hysteresis scanning curves using paleo saturations, see [0088] );
performing an inverse solve of the hysteresis scanning curves to determine current saturations (computing an Inverse Isomorphic Algorithm (IIA) by solving a
nonlinear expression to obtain a scanning curve value at a given current saturation, considered an inverse solve of the hysteresis scanning curves, see [0069] );
comparing the determined current saturations with measured saturations (checking whether current fluid saturations fall between irreducible water saturation and one minus residual oil saturation considered comparing calculated or simulated saturations with measured saturations, see [0016], [0018], [0020], [0092], [0097] ); and
determining, based on the comparison of the determined current saturations with the measured saturations, whether to continue iteratively determining hysteresis scanning curves (to modify the bounding curves and then generate new scanning curves based on the modified bounding curves, considered to continue iteratively determining hysteresis scanning curves, see [0081] ).
Li does not explicitly teach anchoring the hysteresis scanning curves.
Bazin teaches the method used in “Special Core Analysis Laboratory (SCAL) considered an advance method for anchoring the hysteresis scanning curves, see Summary section. It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to modify the teaching of Li implementing an advanced method SCAL as taught by Bazin that would provide the petrophysical data specific to the rock/fluid system, i.e., absolute permeability, relative permeability damage caused by hysteresis, and capillary pressure (Bazin, Summary).
Claim 14 is rejected under 35 U.S.C. 103 as being obvious over Li in view of Pop et al., hereinafter Pop, US patent 8,136,395.
As per Claim 14, Li teaches the method of claim 13, wherein generating the hysteresis scanning curves by deviating from the ideal scanning curve as stated above, but Li does not teach comprise at least partly considering a hydrostatic pressure barrier that acts as a mobility barrier preventing flow. Pop teaches at least partly considering a hydrostatic pressure barrier that acts as a mobility barrier preventing flow ( measure the hydrostatic pressure of the fluid in the wellbore, positioning the probe 112 against the sidewall of the well bore to establish fluid communication with the formation, and closing the equalization valve to isolate the interior of the tool from the well fluids. The point at which a seal is made between the probe and the formation and fluid communication is established, see col 2 lines 10-25). It would have been obvious to one ordinary skill in the art before the effective filing date of claimed invention to modify the teaching of Li having hydrostatic pressure to prevent flow as taught by Pop that would provide the interior of the tool is isolated from the wellbore (Pop, col 9 lines 53-55).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2014/0303895 of Dreyfus et al (Method for determining the location, size, and fluid composition of a subsurface hydrocarbon accumulation)
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to LYNDA DINH whose telephone number is (571) 270-
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/LYNDA DINH/Examiner, Art Unit 2857
/LINA CORDERO/Primary Examiner, Art Unit 2857
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