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) 1-6 and 8-15 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)
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.
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.
With respect to claim 2, Westacott, as modified by Deng, teaches the sensor comprises at least one of a pressure sensor and a flow rate sensor. (Westacott, par. 34, pressure levels)
With respect to claim 3, Westacott, as modified by Deng, teaches a sample storage container coupled to the sample testing chamber wherein the operations further comprise conveying the core from the sample testing chamber to the sample storage container after determining the permeability of the core sample. (Westacott, par. 22-29)
With respect to claims 4-5, although Westacott, as modified by Deng, 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, 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, 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.
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.
With respect to claims 10-11, Westacott, as modified by Deng, 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, 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, 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 15, Westacott, as modified by Deng teaches conveying the core sample from the sample testing chamber to a storage container comprised in the body of the sidewall coring tool. (Westacott, par. 26)
Response to Arguments
Applicant’s arguments, filed March 16, 2026, with respect to the rejection(s) in view of Wiley have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Deng. Please note that although the system of Deng is more complicated than that of the prior art, it teaches all of the claimed elements and one having ordinary skill in the art would find it obvious to use the teachings of Deng to modify the downhole testing system of Westacott to perform the claimed testing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 5,832,409.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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/JILL E CULLER/Primary Examiner, Art Unit 2853