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 .
DETAILED ACTION
Status of Claims
Claims 2, 4, 11, 16 and 18 are canceled claims.
Claims 1, 3, 5-10, 12-15, 17, 19 and 20 are rejected under 35 USC § 103 Rejection.
Claim Analysis – 35 USC § 101
The new 2019 Revised Patent Subject Matter Eligibility Guidance published in the Federal register (Vol. 84 No.4, Jan 7, 2019 pp 50-57) has been applied and the claims are deemed as being patent eligible. In particular, in the prong 1 analysis claims 1, 8 and 15 do not contain an abstract idea. Further even if they were interpreted to have an abstract idea they claim the practical application of drilling operation under prong 2 analysis. The claim 1, 8 and 15 comprises :” performing drilling operation of the borehole such that the borehole is drilled based on drilling parameters and equipment that are selected to mitigate the potential borehole breakout event” which Is related to the tangible, physical action according with determining drilling path, which is significant additional steps. Thus claims 1, 8 and 15 are deemed patent eligible under 35 USC 101. Claims 3, 5-7, 10, 12-14, 17, 19 and 20 are dependent claims of claims 1, 8 and 15 are directed to the practical application of the parent claim and are also patent eligible under 35 USC 101.
Dependent claims 3, 5-7, 10, 12-14, 17, 19 and 20 are eligible under 101.
Remarks
Applicant’s arguments, filed (01/02/2026), with respect to pending claims 1, 3, 5-8, 10, 12-15, 17, 19 and 20 have been fully considered and are directed to claims, as amended. The arguments addressed to the 101 is persuasive but is not persuasive with respect to 103 rejection. A new grounds of rejection is made in view of prior art and Rahman “Borehole collapse analysis incorporating time-dependent pore pressure due to mud penetration in shales.”, hereinafter Rahman. See below rejection for full detail.
Argument
The Applicant argues (Page 11 and continue on page 12):
“Initially, independent claim 1 recites, in part:
(iii)
"determining, based on a pre-determined failure criterion, a
critical time of the borehole that corresponds to when a failure
of the porous medium occurs within the characteristic diffusion
time."
As discussed below, Applicant respectfully asserts that Han and Chuprakov fail to
render limitation (iii) obvious, regardless of whether these references are considered alone or in combination.
In the Office Action, page 5 of Han is referenced as describing mechanical failure
criteria based on various plastic, elastic, and poroelastic deformation properties. The Examiner admits that Han fails to explicitly discuss computing a critical time, but alleges that computing a critical time is part of computing the collapsed regions. Id., page 7.”
A new grounds of rejection is made in view of prior art and Rahman “Borehole collapse analysis incorporating time-dependent pore pressure due to mud penetration in shales”, hereinafter Rahman. See below rejection for full detail.
The Applicant argues ( page 13, lines 4-6):
“The characteristic diffusion time is the only time dependent variable discussed by Chuprakov. Thus, it follows that Chuprakov fails to remedy the defects of Han regarding determining, based on a pre-determined failure criterion, a critical time of the borehole that corresponds to when a failure of the porous medium occurs as required by limitation (iii).”
As discussed above, Examiner agree with assertion above, therefor a new grounds of rejection is made in view of prior art and Rahman “Borehole collapse analysis incorporating time-dependent pore pressure due to mud penetration in shales”, hereinafter Rahman. See below rejection for full detail.
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, 3, 5, 6, 10, 12-13, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Yanhui Han ET AL “An Integrative Software platform to Support Drilling Operations in Troublesome Formations” (2023-03-07),[hereinafter Han] in view of Chuprakov et al., (US Pub.20110108268A1), [hereinafter Chuprakov] and Rahman “Borehole collapse analysis incorporating time-dependent pore pressure due to mud penetration in shales.”
Regarding Claim 1, Han discloses a method for performing a borehole operation
comprising:
determining a characteristic diffusion (fluid) that corresponds to an undrained response period or a non-monotonic pore pressure dissipation phase of a porous medium surrounding a borehole (Page 3, para 2 and 3, where fluid pressure and/or temperature between the formation and wellbore fluid cause strong fluid diffusion and /pr heat transfer in the near-wellbore region…around wellbore show strongly nonmonolitic, time-dependent behavior (The feature is a straight forward computation that the skilled person naturally performs in situations where the influence of fluid diffusion and pore pressure variation in the formation is non-negligible.
Han discloses on page 4, last paragraph - page 5, first paragraph:
"Poroelastic (Time-Dependent Stresses & Pore Pressure)" implements the poroelastic solutions of stresses and pore pressure derived in the framework of Biot's photoelasticity theory (Biot 1941; Detournay and Cheng 1988: Cui et al,1997]. This stress model can capture the time-dependent interaction between the fluid diffusion and rock deformation The stress model of "Porothermoelastic (Mud and Formation Thermal Gradients)" can capture the effects or heat transfer between the well and formation (rock matrix and pore fluid) induced by the temperature difference between drilling mud and formation ( Abousleiman and Ekbote 2005). The stress model of "Porochemoelastic (Mud and Shale Activities)" considers the chemical interactions induced by solute and ionic transport with diffusion-deformation process and their effects on the stress and pore pressure distributions (Ekbote and Abousleiman 2006).”
determining, based on a pre-determined failure criterion (Page 5, “Formation properties”, where "Elastic Properties" accepts inputs of formation's elastic mechanical properties, including Young's modulus and Poisson's ratio. "Failure Criteria & Strength Properties" allows users to select failure criterion and corresponding plastic mechanical properties to be used the wellbore stability analysis and mud weight calculation. Many failure criteria have been proposed to define failure of rocks in compression),
identifying a failure region of he failure occurring at the critical time of the borehole (page 5, section "Run": "Failure Regions" calculates and marks the collapsed region for a given mud weight "Mud Weight Windows" computes the mud weight window with collapse mud weight (CMW) as the lower bound and fracturing mud weight (FMW) as the upper bound"); and
performing, based on at least the identified failure region, the borehole operation
(Abstract, where presenting computed stability analysis accepting required for the and
results, inputs well such as region, weight window, failure region, stress distribution, input of the failure region corresponds to the identified failure region).
Han disclose the determining characteristic diffusion of the fluid based on change of pressure and/or temperature; the time-dependent interaction between the fluid diffusion and rock deformation.
wherein the failure is predicted to occur during a drilling operation of the borehole to result in a potential borehole breakout event(Page 6, “Run”, where “Failure Potential Curves” calculates the collapse failure potential at various mud weights), and
wherein performing the borehole operation comprises performing the drilling operation of the borehole such that the borehole is drilled based on drilling parameters and equipment that are selected to mitigate the potential borehole breakout event (Page 6, “Run”, where “Failure Potential Curves” calculates the collapse failure potential at various mud weights: position ratio, cohesion, friction angle, tensile strength).
The Failure potential curves calculated parameters of position, angle and tensile strength, e.g., drilling parameters for drilling equipment.
Han does not discloses characteristic diffusion time;
a critical time of the borehole that corresponds to when a failure of the porous medium occurs.
Chuprakov disclose characteristic diffusion time (para [0007], where characteristic diffusion time of fluid in a reservoir is T).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to provide characteristic diffusion time as taught by Chuprakov into Ham in order to managing subsurface fluid dynamics, determines how quickly a pressure signal propagates through the reservoir and is controlled by the permeability, porosity, and fluid/rock compressibility.
Rahman disclose determine a critical time of the borehole that corresponds to when a failure of the porous medium occurs (page 20, left col. Lines 4-12, where implementing the Mohr–Coulomb criterion for shear failure, the stability equation for each of the failure
modes can be derived for critical mud pressure to ensure well bore stability.
The Mohr–Coulomb criterion postulates that the well bore fails when the near well bore stresses satisfy the following condition:
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See last paragraph on same column: where Eq. 6, takes care of the time-dependency in failure by pore pressure change in Eq. 8 which signifies that the shear strength changes with the pore pressure only).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to provide a critical time of the borehole that corresponds to when a failure of the porous medium occurs as taught by Rahman, based on the selected[pre-determined] failure criterion of Han in order to optimizing drilling process and improve gas extraction efficiency.
Regarding Claim 3/10/17, Han and Chuprakov and Rahman disclose the method of claim 1/data gathering and analysis system of claim 8, instructions, when executed, /well system of claim 15, further Han disclose the data gathering and analysis system further comprising: determining, based on at least the identified failure region, an adjusted mud weight with respect to time, wherein the borehole operation is performed further based on the adjusted mud weight with respect to time (page 5, section "Run": "Failure Regions" calculates and marks the collapsed region for a given mud weight. "Mud Weight Windows" computes the mud weight window with collapse mud weight (CMW) as the lower bound and fracturing mud weight (FMW) as the upper bound.").
Regarding Claim 5/12 /19, Han and Chuprakov and Rahman discloses the method of claim 4/data gathering and analysis system of claim 11, instructions, when executed /well system of claim 18, further Han disclose the data gathering and analysis system, further comprising:
specifying, based on the identified failure region, the drilling parameters and the equipment of the drilling operation(Page 6, “Run”, where “Failure Potential Curves” calculates the collapse failure potential at various mud weights: position ratio, cohesion, friction angle, tensile strength).
The Failure potential curves calculated parameters of position, angle and tensile strength, e.g., drilling parameters for drilling equipment.
Regarding Claim 6/13, Han and Chuprakov and Rahman discloses the method of claim 1/ data gathering and analysis system of claim 8, further Han disclose wherein the pre-determined failure criterion comprises one of Mohr-Coulomb criterion, Drucker-Prager criterion, Hoek-Brown criterion, and Modified Lade criterion (Page 5, “Formation properties”, where in addition of Mohr-Coulomb, Drucker-Prager , three other failure criteria for wellbore stability were also implemented including modified Lade, Hoek-Brown and modified Hoek-Brown).
Claims 8 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han in view of Chuprakov, and Rahman, as applied above and further in view of Jiang et al., (WO2022056353A1), hereinafter Jiang.
Regarding Claim 8, Han and Chuprakov and Rahman discloses the determine a characteristic diffusion time that corresponds to an undrained response period or a non-monotonic pore pressure dissipation phase of a porous medium surrounding a borehole; determine, based on a pre-determined failure criterion, a critical time of the borehole that corresponds to when a failure of the porous medium occurs within the characteristic diffusion time; identify a failure region of the failure occurring at the critical time of the borehole; and perform, based at least on the identified failure region, a borehole operation, wherein the failure is predicted to occur during a drilling operation of the borehole to result in a potential borehole breakout event, and
wherein performing the borehole operation comprises performing the drilling operation of the borehole such that the borehole is drilled based on drilling parameters and equipment that are selected to mitigate the potential borehole breakout event, as recited in claim 1.
Additionally, Jiang disclose a data gathering and analysis system, comprising: a computer processor; and memory storing instructions, when executed, causing the computer processor (para [003], where a system can include a processor; memory accessible to the processor; processor-executable instructions stored in the memory, executable to instruct the system to: receive sensor data… One or more computer-readable storage media can include processor-executable instructions, executable to instruct a computing system to: receive sensor data acquired using one or more downhole tool pressure gauges disposed in a borehole)
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the teaching of Han and Chuprakov and Rahman to using the computer processor; and memory storing instructions by Jiang, in order to increase the speed and efficiency of calculations and mathematical analysis.
Regarding Claim 15, Han and Chuprakov and Rahman disclose a well system comprising: a data gathering and analysis system comprising functionality for:
determining a characteristic diffusion time that corresponds to an undrained response period or a non-monotonic pore pressure dissipation phase of a porous medium surrounding a borehole; determining, based on a pre-determined failure criterion, a critical time of the borehole that corresponds to when a failure of the porous medium occurs within the characteristic diffusion time; identifying a failure region of the failure occurring at the critical time of the borehole; and performing, using the rig and based at least on the identified failure region, a borehole operation, wherein the failure is predicted to occur during a drilling operation of the borehole to result in a potential borehole breakout event, and
wherein performing the borehole operation comprises performing the drilling operation of the borehole such that the borehole is drilled based on drilling parameters and equipment that are selected to mitigate the potential borehole breakout event, as recited in claim 1.
Han and Chuprakov and Rahman do not discloses a rig for drilling a borehole; performing borehole operation using rig.
Jiang discloses a rig for drilling a borehole; performing borehole operation using rig(para [0063], where rig 10 is depicted as a land-based platform and derrick assembly used to form the wellbore 14 by rotary drilling. However, in various other embodiments, the rig 10 may be an offshore platform).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the teaching of Han and Chuprakov and Rahman to using the rig as disclosed by Jiang, in order to increase the speed and efficiency drilling.
Claims 2, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Han in view of Chuprakov, Rahman, as recited above, and further in view of De Clute-Melancon (CN106715827A), hereinafter De Clute-Melancon.
Regarding Claims 2/9, Han and Chuprakov and Rahman discloses the method of claim 1/ the data gathering and analysis system of claim 8/ the well system of claim 15, but do not disclose wherein the borehole is an existing borehole, wherein the failure that occurred during previous drilling of the borehole results in a potential borehole breakout event, and wherein the borehole operation comprises a maintenance operation to mitigate the potential borehole breakout event.
De Clute-Melancon disclose the borehole is an existing borehole, wherein the failure that occurred during previous drilling of the borehole results in a potential borehole breakout event (Page 5, para 5, where the wellbore located below the liner tube part may be collapsed or rock cuttings possible settling to the bottom of the wellbore 104), and wherein the borehole operation comprises a maintenance operation to mitigate the potential borehole breakout event (Page 3, para 10, where brought to the ground to change the drill bit or other maintenance is performed when left in situ. the operator can then the bottom hole assembly into the liner tube, and then the bottom hole assembly attached to the liner tube and continuing drilling well again. the lining tube is left in situ at the bottom of well help protect the borehole from collapse).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to maintenance operation as taught by De Clute-Melancon in combination of Han and Chuprakov and Rahman in order to more accurately detect the location data for the particular area/region.
Claims 7, 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yanhui Han ET AL “An Integrative Software platform to Support Drilling Operations in Troublesome Formations” (2023-03-07),[hereinafter Han] in view of Chuprakov and Rahman as applied above and further in view of Marbun“ Study of Prevention and Mitigation of Stuck pipe in Geothermal Drilling”, [hereinafter Marbun].
Regarding Claim 7, Han and Chuprakov and Rahman discloses the method of claim 1, but do not disclose wherein performing the borehole operation comprises preventing a borehole breakout induced problem of tight hole or stuck pipe.
Marbun discloses performing the borehole operation comprises preventing a borehole breakout induced problem of tight hole or stuck pipe (Page 4, Fig. 7, where Pack-off
causes borehole enlargement due to high tendency of the rocks to fall into pieces. Due to this borehole enlargement;
Introduction, where Geothermal reservoir rock which is brittle and highly fractured could lead to breakouts and results in caving. Caving is not desired during drilling operation because it causes lots of problems such as restricted circulation, borehole enlargement, and stuck pipe).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to preventing a borehole breakout induced problem of tight hole or stuck pipe as taught by Marbun in combination of Han and Chuprakov and Rahman in order to provide good design for drilling and operation.
Regarding Claim 14, Han and Chuprakov and Rahman discloses the data gathering and analysis system of claim 8, but do not disclose wherein performing the borehole operation comprises preventing a borehole breakout induced problem of tight hole or stuck pipe.
Marbun discloses performing the borehole operation comprises preventing a borehole breakout induced problem of tight hole or stuck pipe (Page 4, Fig. 7, where Pack-off
causes borehole enlargement due to high tendency of the rocks to fall into pieces. Due to this borehole enlargement;
Introduction, where Geothermal reservoir rock which is brittle and highly fractured could lead to breakouts and results in caving. Caving is not desired during drilling operation because it causes lots of problems such as restricted circulation, borehole enlargement, and stuck pipe).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to preventing a borehole breakout induced problem of tight hole or stuck pipe as taught by Marbun in combination of Han and Chuprakov and Rahman in order to provide good design for drilling and operation.
Regarding Claim 20, Han and Chuprakov and Rahman discloses the well system of claim 15, further Han disclose wherein the pre-determined failure criterion comprises one of Mohr-Coulomb criterion, Drucker-Prager criterion, Hoek-Brown criterion, and Modified Lade criterion (Page 5, “Formation properties”, where in addition of Mohr-Coulomb, Drucker-Prager, three other failure criteria for wellbore stability were also implemented including modified Lade, Hoek-Brown and modified Hoek-Brown).
Han and Chuprakov and Rahman do not disclose wherein performing the borehole operation comprises preventing a borehole breakout induced problem of tight hole or stuck pipe.
Marbun discloses performing the borehole operation comprises preventing a borehole breakout induced problem of tight hole or stuck pipe (Page 4, Fig. 7, where Pack-off
causes borehole enlargement due to high tendency of the rocks to fall into pieces. Due to this borehole enlargement;
Introduction, where Geothermal reservoir rock which is brittle and highly fractured could lead to breakouts and results in caving. Caving is not desired during drilling operation because it causes lots of problems such as restricted circulation, borehole enlargement, and stuck pipe).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to preventing a borehole breakout induced problem of tight hole or stuck pipe as taught by Marbun in combination of Han and Chuprakov and Rahman in order to provide good design for drilling and operation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. Yanhui Han ET AL: "Advanced Wellbore Stability Analysis for Drilling Naturally Fractured Rocks", 18 March 2019 (2019-03-18), XP055616804, hereinafter [Han’2019].
2.DE Gennaro (EP3947909) disclose (Page 1, Background, where maintaining packer inflation pressure at the first formation breakdown pressure for a time interval);
3. Sun (US Pub.20210189223A1) disclose (para 0033, where the breaking time is the time required for the fracturing fluid to transition from a viscosity of 70 cP to a viscosity of 30 cP at a shear rate of 100 s.sup.−1 and at 70° F. In another example, the breaking time is the time required for the fracturing fluid to transition from 70 cP or greater to a viscosity of 30 cP or less at a shear rate of 100 s.sup.−1 at 70° F. The breaking time is a function of a variety of factors including the polymer loading, the type and size of the proppant selected, the temperature of the subterranean formation, the pH of the fracturing fluid).
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/KALERIA KNOX/
Examiner, Art Unit 2857
/MICHAEL J DALBO/Primary Examiner, Art Unit 2857