Prosecution Insights
Last updated: October 02, 2026
Application No. 18/339,674

Measuring Rock Permeability

Non-Final OA §103
Filed
Jun 22, 2023
Examiner
CULLER, JILL E
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Saudi Arabian Oil Company
OA Round
4 (Non-Final)
57%
Grant Probability
Moderate
4-5
OA Rounds
0m
Est. Remaining
71%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
494 granted / 863 resolved
-10.8% vs TC avg
Moderate +14% lift
Without
With
+13.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
39 currently pending
Career history
900
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
63.3%
+23.3% vs TC avg
§102
19.9%
-20.1% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 863 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 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 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) 1-2, 4-6, 8-14 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Westacott et al. (US 2021/0123344, hereafter Westacott) in view of Deng et al. (CN 106442264, hereafter Deng) and McGregor. (GB 2461969) With respect to claim 1, Westacott teaches a sidewall coring tool (coring tool 100) comprising: a sidewall coring unit (sidewall coring section 110); a sample testing chamber (core receptacle section 112, pressure vessel 124) configured to receive a core sample from the sidewall coring unit; a supply of nitrogen gas fluidly coupled to the sample testing chamber (par. 27); and a sensor (instrumentation 117) configured to measure one or more properties of the nitrogen gas within the sample testing chamber and a controller comprising: at least one processor; and a memory storing instructions that, when executed by the at least one processor, cause the at least one processor to perform operations comprising: obtaining a core sample from a sidewall of a wellbore using the sidewall coring unit; conveying the core sample from the sidewall coring unit to the sample testing chamber; positioning the core sample in a core sample holder within the sample testing chamber; activating a flow of nitrogen gas in the sample testing chamber; and determining a permeability of the core sample in real-time while the sidewall coring tool is in the wellbore based on the measured pressures and flow rate of the nitrogen gas. (par. 22-29, 34-37, 125-126, Figs. 1A-1G) Westacott does not explicitly teach wherein the controller performs measuring the pressure of the nitrogen gas upstream and downstream of the sample testing chamber using the first pressure sensor and the second pressure sensor; and measuring the flow rate of the nitrogen gas through the sample testing chamber using the flow rate sensor; or a sample storage container coupled to the sample testing chamber, the sample storage container configured to receive a core sample from the sample testing chamber, and the step of conveying the core sample from the sample testing chamber to the sample storage container after determining the permeability of the core sample. Deng teaches a testing apparatus for measuring permeability in a core sample based on the flow of nitrogen gas comprising: a sample testing chamber (drill core holder 5) configured to receive a core sample; a supply of nitrogen gas fluidly (fluid source 1) coupled to the sample testing chamber; a first pressure sensor (39) configured to measure a pressure of the nitrogen gas upstream of the sample testing chamber, a second pressure sensor (39) configured to measure a pressure of the nitrogen gas downstream of the sample testing chamber; a flow rate meter (mass flow meter 38) configured to measure a flow rate of the nitrogen gas flowing through the sample testing chamber; and a controller (computer 41) comprising: at least one processor; and a memory storing instructions that, when executed by the at least one processor, cause the at least one processor to calculate the permeability. (Abstract, translation pgs. 5, 8-9 (example 2), Fig. 1) It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the structure of Westacott to measure permeability of the core sample based on the flow of nitrogen gas, as taught by Deng, in order to provide useful permeability data. McGregor teaches a sidewall testing apparatus comprising a sample testing chamber and a sample storage container coupled to the sample testing chamber, the sample storage container configured to receive a sample from the sample testing chamber after testing. (page 2, par. 6) It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the invention of Westacott to include a sample storage container in addition to the sample testing chamber and convey the core sample from the sample testing chamber to the sample storage container after testing, so that the tested sample can be stored and returned to the surface for additional analysis. With respect to claim 2, Westacott, as modified by Deng and McGregor, teaches the sensor comprises at least one of a pressure sensor and a flow rate sensor. (Westacott, par. 34, pressure levels) With respect to claims 4-5, although Westacott, as modified by Deng and McGregor, does not explicitly teach an activation switch configured to start a flow of nitrogen gas from the supply of nitrogen gas, wherein the activation switch comprises a spring configured to be compressed by movement of a core sample, this would be an alternative to the electronic activation taught by Westacott and therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a switch to activate the flow of nitrogen gas so that the gas can be provided as soon as the core sample is located in the sample testing chamber avoiding unnecessary delays. With respect to claim 6, Westacott, as modified by Deng and McGregor, teaches one or more valves (306, 312) configured to regulate a flow of nitrogen gas from the supply of nitrogen gas entering and exiting the sample testing chamber. (Westacott, par. 52-54) With respect to claim 8, Westacott, as modified by Deng and McGregor, teaches wherein the operations further comprise transmitting the measured permeability to a data processing system external to the sidewall coring tool. (Westacott, par. 37) With respect to claim 9, Westacott teaches a method for measuring permeability in a wellbore, comprising: obtaining a core sample from a sidewall of the wellbore using a sidewall coring unit of a sidewall coring tool; conveying the core sample from the sidewall coring unit to a sample testing chamber comprised in a body of the sidewall coring tool; activating a flow of nitrogen gas in the sample testing chamber; and determining a permeability of the core sample. (par. 22-29, 34-37, Figs. 1A-1G) Westacott does not teach measuring a pressure of the nitrogen gas upstream of the sample testing chamber using a first pressure sensor and a pressure of the nitrogen downstream of the sample testing chamber using a second pressure sensor, measuring a flow rate of the nitrogen gas through the sample testing chamber using a flow rate sensor, and determining the permeability of the core sample in real-time while the sidewall coring tool is in the wellbore based on the measured pressures and flow rate of the nitrogen gas, or conveying the core sample from the sample testing chamber to a sample storage container comprised in the body of the sidewall coring tool after determining the permeability of the core sample. Deng teaches a method for measuring permeability in a core sample based on the flow of nitrogen gas comprising: placing a core sample in a sample testing chamber (drill core holder 5); activating a flow of nitrogen gas (fluid source 1) in the sample testing chamber; measuring a pressure of the nitrogen gas upstream of the sample testing chamber using a first pressure sensor (pressure sensor 39), measuring a pressure of the nitrogen gas downstream of the sample testing chamber using a second pressure sensor; measuring a flow rate of the nitrogen gas flowing through the sample testing chamber using a flow rate sensor (mass flow meter 38); and determining the permeability of the core sample based on the measured pressures and the flow rate of the nitrogen gas. (Abstract, translation pgs. 5, 8-9 (example 2), Fig. 1) It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the method of Westacott to measure permeability of the core sample based on the flow of nitrogen gas, as taught by Deng, in order to provide useful permeability data. McGregor teaches method for testing a downhole sample comprising testing a sample in a sample testing chamber and conveying the sample from the sample testing chamber to a sample storage container comprised in the body of the downhole testing tool after testing. (page 2, par. 6) It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the method of Westacott to include a sample storage container in addition to the sample testing chamber and convey the core sample from the sample testing chamber to the sample storage container after testing, so that the tested sample can be stored and returned to the surface for additional analysis. With respect to claims 10-11, Westacott, as modified by Deng and McGregor, teaches calculating the permeability based on the pressure differential and the flow rate. (Darcy’s Law). Therefore, both measuring a flow rate of the nitrogen gas at a specified pressure differential across the core sample, and measuring a pressure differential across the core sample at a specified flow rate of nitrogen gas are obvious approaches to calculating the permeability. (Deng, page 9) With respect to claim 12, Westacott, as modified by Deng, teaches transmitting the measured permeability to a data processing system located outside the wellbore. (Westacott, par. 37) With respect to claim 13, although Westacott, as modified by Deng and McGregor, does not explicitly teach activating a flow of nitrogen gas comprises activating a mechanical switch by movement of the core sample, this would be an alternative to the electronic activation taught by Westacott and therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a switch to activate the flow of nitrogen gas so that the gas can be provided as soon as the core sample is located in the sample testing chamber avoiding unnecessary delays. With respect to claim 14, Westacott, as modified by Deng and McGregor, teaches activating the flow of nitrogen gas comprises receiving an electronic signal to activate an electronic switch. (Westacott, par. 52-54) With respect to claim 16, Westacott, as modified by Deng and McGregor, teaches wherein the core sample is a first core sample, and the method further comprises: obtaining a second core sample from the sidewall of the wellbore using the sidewall coring unit of the sidewall coring tool; conveying the second core sample from the sidewall coring unit to the sample testing chamber; positioning the second core sample in the core sample holder; activating a flow of nitrogen gas in the sample testing chamber; measuring a pressure of the nitrogen gas upstream of the sample testing chamber using the first pressure sensor and a pressure of the nitrogen downstream of the sample testing chamber using the second pressure sensor; measuring a flow rate of the nitrogen gas through the sample testing chamber using the flow rate sensor; determining a permeability of the second core sample in real-time while the sidewall coring tool is in the wellbore based on the measured pressures and flow rate of the nitrogen gas; and conveying the second core sample from the sample testing chamber to the sample storage container comprising the first core sample after determining the permeability of the second core sample. (Note that the references teach processing multiple samples) With respect to claim 17, Westacott, as modified by Deng and McGregor, teaches transmitting the measured permeability of the first core sample and the second core sample to a data processing system located outside the wellbore. (Westacott, par. 37) With respect to claims 18 and 19, Westacott, as modified by Deng and McGregor, teaches wherein conveying the core sample from the sample testing chamber to the sample storage container comprises disengaging the core sample from the core sample holder. (This must be true in order for the sample to be removed and stored.) Response to Arguments Applicant’s arguments filed July 30, 2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jill E Culler whose telephone number is (571)272-2159. The examiner can normally be reached M-F 8:30-5:00. 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, Stephen Meier can be reached at 571-272-2149. 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. /JILL E CULLER/Primary Examiner, Art Unit 2853
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Prosecution Timeline

Show 5 earlier events
Feb 24, 2026
Examiner Interview Summary
Feb 24, 2026
Applicant Interview (Telephonic)
Mar 16, 2026
Response after Non-Final Action
Apr 02, 2026
Final Rejection mailed — §103
Jul 30, 2026
Response after Non-Final Action
Sep 03, 2026
Request for Continued Examination
Sep 08, 2026
Response after Non-Final Action
Sep 22, 2026
Non-Final Rejection mailed — §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

4-5
Expected OA Rounds
57%
Grant Probability
71%
With Interview (+13.9%)
3y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 863 resolved cases by this examiner. Grant probability derived from career allowance rate.

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