DETAILED ACTIONS
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 .
Response to Amendment
This office action is in response to the amendments/arguments submitted by the Applicant(s) on 10/28/2025.
Status of the Claims
Claims 1-19 are pending.
Claims 1 and 13 are amended.
Response to Arguments
Double Patenting Rejection:
Applicant's arguments, see remarks page 7, filed 10/28/2025 with respect to the rejection(s) of Claims 1,2,3,4,5,7,8,9,10,11,12,13,15, and 17 under provisional rejection on the ground of non-statutory double patenting has been considered, and are not persuasive. The double patenting rejections have been maintained. The rejections are set forth below.
Rejections Under 35 U.S.C. 103
Applicant's arguments, see remarks page 7-8, filed 10/28/2025
with respect to the rejection(s) of Claims1 under 35 U.S.C. 103 has been considered, and are not persuasive.
Zhang teaches connecting a confining pump in fluid communication with the fluid container. Zhang also teaches in [0064] and figure 1 that the pump continues to pump to introduce distilled water as a confining fluid 140 of FIG. 1, into the measurement cell. Once the measurement cell is full, the confining pump continues to flow the distilled water into the measurement cell to ensure that there is no gas remaining
inside the measurement cell. Even though Zhang did not mention where the pump location, the functionality of the pump is same as the instant application “confining pressure pump in fluid communication with an inlet on a bottom side of the core container allows expulsion of air from the core container”. However, it is known in the art to connect the pump at the bottom side. Examiner rejected the claims with a new prior art to address the pump connection. The new rejection is set forth below.
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a non-statutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Total 14 claims of instant Application No. 18348427 are rejected with 15 claims of co-pending Application No. 18492543. Claims 1,2,3,4,5,7,8,9,10,11,12,13,15, and 17 of instant Application No. 18348427 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims (1+2), 2,3,4,5,6,7,8,9,10,11,12,16,17, and 18 respectively of co-pending Application No. 18/492543. Although the claims at issue are not identical, they are not patentably distinct from each other because they encompass substantially similar subject matter.
The following table is presented for the purpose of a comparison of the conflicting claims between the application and the patent.
Application: 18348427 (instant)
Application: 18492543 (pending)
Claim 1
Claim 1+Claim 2
A method comprising:
collecting a caprock core sample:
A method comprising
determining threshold hydraulic gradient for the caprock core sample using a testing apparatus, the testing apparatus comprising:
determining a hydraulic gradient and a hydraulic conductivity of a caprock core sample based on non-Darcy flow using a testing system comprising
a core container comprising: an upstream inlet in fluid communication with the core container
a core container comprising an upstream inlet
a downstream inlet in fluid communication with the core container; and
a downstream outlet
a confining pressure pump in fluid communication with a bottom portion of the core container;
a confining pressure pump in fluid communication with the core container;
an upstream reservoir in fluid communication with the upstream inlet of the core container and comprising a first upstream valve for selectively permitting or ceasing fluid flow between the upstream reservoir and the core container;
an upstream pump in fluid communication with the upstream reservoir and comprising a second upstream valve for selectively permitting or ceasing fluid flow between the upstream pump and the upstream reservoir;
an upstream reservoir in fluid communication with the upstream inlet and comprising a first upstream valve for selectively controlling fluid flow between the upstream reservoir and the caprock core sample located within the core container;
an upstream pump in fluid communication with the upstream reservoir and comprising a second upstream valve for selectively controlling fluid flow between the upstream pump and the upstream reservoir;
a downstream reservoir in fluid communication with the downstream inlet of the core container and comprising a first downstream valve for selectively permitting or ceasing fluid flow between the downstream reservoir and the core container; and
a downstream liquid reservoir in fluid communication with the downstream outlet of the core container and
comprising a first downstream valve for selectively controlling fluid flow between the downstream liquid reservoir and the caprock core sample located within the core container
a downstream pump in fluid communication with the downstream reservoir and comprising a second downstream valve for selectively permitting or ceasing fluid flow between the downstream pump and the downstream reservoir,
a downstream liquid pump in fluid communication with the downstream liquid reservoir and comprising a second downstream valve for selectively controlling fluid flow between the downstream liquid pump and the downstream liquid reservoir; a downstream gas reservoir in fluid
communication with the downstream liquid reservoir and comprising a third downstream valve for selectively controlling gaseous flow between the downstream gas reservoir and the downstream liquid reservoir; and
a downstream gas pump in fluid communication with the downstream gas reservoir and comprising a fourth downstream valve for selectively for controlling gaseous flow between the downstream gas pump and the downstream gas reservoir;
wherein the determining comprises: installing the caprock core sample in the core container,
wherein the determining comprises: closing the first upstream valve, the second upstream valve, the first downstream valve, the second downstream valve, the third downstream valve, and the fourth downstream valve; arranging the caprock core sample in the core container
wherein the core container is pressurized using the confining pump to a predetermined confining pressure and the caprock core sample is saturated with water;
wherein the core container is pressurized using the confining pump to a predetermined confining pressure
preparing the testing apparatus by closing the first upstream valve and the second downstream valve, pressurizing the upstream reservoir using the upstream pump, and
predetermined confining pressure; equilibrating the testing system by: opening the first upstream valve, the second upstream valve, the first downstream valve, and the
second downstream valve to saturate the caprock core sample with water; opening the fourth downstream valve, thereby providing gaseous flow to the downstream gas reservoir until a predetermined equilibrium gas pressure in the downstream gas reservoir is reached;
closing the second upstream valve upon reaching a predetermined pressure in the upstream reservoir;
closing the second downstream valve and the fourth downstream valve when the predetermined equilibrium gas pressure is reached;
conducting a flow test by opening the first upstream valve and measuring the pressure difference between a measured pressure of the upstream inlet of the caprock core sample and a measured pressure of the downstream outlet of the caprock sample;
opening the third downstream valve; and thereafter, closing the first upstream valve; ; performing a flow test by: opening the second upstream valve, thereby pressurizing the upstream reservoir using the upstream pump to a predetermined pressure; then keeping constant the pressure in the upstream reservoir; opening the first upstream valve, thereby flowing water between the upstream liquid reservoir and the downstream liquid reservoir through the caprock core sample
calculating a pressure differential as a function of time (∆Pt) based on the measured pressure difference when the pressure difference does not change with time any longer;
measuring flow rate data between the upstream inlet and the downstream outlet as a function of time; and measuring pressure
differential data between the upstream outlet and the downstream outlet as a function of time collecting the flow rate data and the pressure differential data;
calculating hydraulic conductivity (K) of the caprock core sample as a function of time where
PNG
media_image1.png
42
189
media_image1.png
Greyscale
, and q0 is the flow rate data at the upstream inlet at time zero (0), L is a length of the caprock core sample, A is a storage factor, and ∆p is the pressure differential data; and
and calculating a threshold hydraulic gradient (Jt), where
J
t
=
∆
P
t
L
and L is a length of the caprock core sample
calculating the hydraulic gradient (i) of the caprock core sample as a function of time where
i
=
1
L
∆
p
ρ
g
+
∆
z
and ρ is porosity of the caprock core sample,
g is gravitational acceleration, and ∆z is an elevation difference between the upstream inlet and the downstream outlet
Claim 2
The method of claim 1, further comprising repeating the equilibrating and performing steps if the measured pressure differential between the upstream inlet and the downstream outlet has not changed with time.
Claim 2
Claim 2
The method of claim 1, further comprising repeating the preparing and conducting steps if the measured pressure difference between the inlet and the outlet has not changed with time
The method of claim 1, further comprising repeating the equilibrating and performing steps if the measured pressure differential between the upstream inlet and the downstream outlet has not changed with time.
Claim 3
Claim 3
The method of claim 1, wherein installing the caprock core container comprises: enclosing at least one sleeve about the caprock core sample.
The method of claim 1, wherein installing the core container comprises enclosing at least one sleeve about the caprock core sample
Claim 4
Claim 4
The method of claim 3,
wherein the core container is pressurized using the confining pump by pumping a confining fluid into core container outside of the at least one sleeve.
The method of claim 3,
wherein the core container is pressurized using the confining pump by pumping a confining fluid into core container outside of the at least one sleeve.
Claim 5
Claim 5
The method of claim 1,
wherein the upstream pump in the testing apparatus pumps water or a saline solution into the upstream reservoir and the downstream pump in the testing apparatus pumps water or a saline solution into the downstream reservoir.
The method of claim 1,
wherein the upstream pump in the testing system pumps water into the upstream reservoir and the downstream pump in the testing apparatus pumps water into the downstream liquid reservoir
Claim 6
Claim 5
The method of claim 1,
wherein the upstream pump in the testing apparatus pumps a liquid into the upstream reservoir and the downstream pump in the testing apparatus pumps a liquid into the downstream reservoir.
Claim 7
Claim 6
The method of claim 1, wherein the caprock core sample has a diameter in the range of 1 inch to 4 inches, and an axial length in the range of 1 inch to 2 inches.
6. The method of claim 1, wherein the caprock core sample has a diameter in the range of 1 inch to 4 inches, and an axial length in the range of 1 inch to 2 inches
Claim 8
Claim 7
The method of claim 1, wherein the caprock core sample has a diameter of 1 inch and an axial length of 1 inch.
The method of claim 1, wherein the caprock core sample has a diameter of 1 inch and an axial length of 1 inch
Claim 9
Claim 8
The method of claim 1, wherein the predetermined confining pressure is in the range of 500 psi to 5,000 psi.
8. The method of claim 1, wherein the predetermined confining pressure is in the range of 500 psi to 5,000 psi
Claim 10
Claim 9
10. The method of claim 1, wherein the predetermined confining pressure is in the range of 500 psi to 2,500 psi.
9. The method of claim 1, wherein the predetermined confining pressure is in the range of 500 psi to 2,500 psi
Claim 11
Claim 10
The method of claim 1, wherein the caprock core sample is collected from a saline aquifer, the saline aquifer for sequestration of CO2 or storage of H2.
The method of claim 1, wherein the caprock core sample is collected from above a saline aquifer, the saline aquifer for sequestration of CO2
Claim 12
Claim 11
The method of claim 1, wherein the caprock core sample is collected from a depleted oil and gas well, the oil and gas well for sequestration of CO2 or storage of H2.
The method of claim 1, wherein the caprock core sample is collected from a depleted oil and gas well, the oil and gas well for sequestration of CO2.
Claim 13
Claim 16
A testing apparatus comprising:
a core container for receiving a core sample comprising:
an upstream inlet in fluid communication with the core container;
A system, comprising:
a core container comprising:
an upstream inlet in fluid communication with the core container;
a downstream inlet in fluid communication with the core container;
and a confining pressure pump in fluid communication with a bottom portion of the core container;
a downstream outlet in fluid communication with the core container;
and a confining pressure pump in fluid communication with a of the core container;
an upstream reservoir in fluid communication with the upstream inlet of the core container and comprising a first upstream valve for selectively permitting or ceasing fluid flow between the upstream reservoir and the core container;
an upstream reservoir in fluid communication with the upstream inlet of the core container and comprising a first upstream valve for selectively controlling fluid flow between the upstream reservoir and the caprock core sample located within the core container;
an upstream pump in fluid communication with the upstream reservoir and comprising a second upstream valve for selectively permitting or ceasing fluid flow between the upstream pump and the upstream reservoir;
an upstream pump in fluid communication with the upstream reservoir and comprising a second upstream valve for selectively controlling fluid flow between the upstream pump and the upstream reservoir;
a downstream reservoir in fluid communication with the downstream inlet of the core container and comprising a first downstream valve for selectively permitting or ceasing fluid flow between the downstream reservoir and the core container; and
a downstream liquid reservoir in fluid communication with the downstream outlet of the core container and comprising a first downstream valve for selectively controlling fluid flow between the downstream liquid reservoir and the caprock core sample located within the core container;
a downstream pump in fluid communication with the downstream reservoir and comprising a second downstream valve for selectively permitting or ceasing fluid flow between the downstream pump and the downstream reservoir.
a downstream liquid pump in fluid communication with the downstream liquid reservoir and comprising a second downstream valve for selectively controlling fluid flow between the downstream liquid pump and the downstream liquid reservoir;
a downstream gas reservoir in fluid communication with the downstream liquid reservoir and comprising a third downstream valve for selectively controlling gaseous flow between the downstream gas reservoir and the downstream liquid reservoir;
and a fourth downstream valve for selectively for controlling gaseous flow between the downstream gas pump and the downstream gas reservoir.
Claim 15
Claim 17
The testing apparatus of claim 13, further comprising a pressure sensor provided at each of the upstream pump, downstream pump, and confining pump.
17. The system of claim 16, further comprising a pressure sensor provided at each of the upstream pump, the downstream liquid pump, and the confining pump
Claim 17
Claim 18
The testing apparatus of claim 13, further comprising a pressure sensor provided proximate to each of the upstream outlet and the downstream outlet
18. The system of claim 16, further comprising a pressure sensor provided at each of the upstream reservoir, the downstream liquid reservoir, and the downstream gas reservoir.
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 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2022/0056798 A1, hereinafter Zhang, previously cited) and in view of Chen et al. (US 2019/0368997 A1, hereinafter Chen, previously cited) and in further view of Xiang'an et al. (CN 107356364 A, hereinafter Xiang'an, an original copy with translation is uploaded by the examiner. Figures and equations are referred from original copy. AN IDS reference), and further in view of Zhang”989 et al.
US 2020/0370989 A1, hereinafter Zhang” 989).
Regarding Claim 1, Zhang teaches,
A method comprising:
collecting a caprock core sample (Zhang, Figure 1, Sample 150, [0041], the sample 150 is a core plug sample of unconventional shale rock, e.g., a horizontal sample plug with a bedding parallel to an axis of a cylindrical shape of the sample 150);
using a testing apparatus, the testing apparatus (Zhang, Figure 1, system 100) comprising:
a core container (Zhang, Figure 1, [0038], a measurement cell 130) comprising:
an upstream inlet in fluid communication with the core container; a downstream inlet in fluid communication with the core container (Zhang, Figure 1, [0005], fluidly connecting an inlet and an outlet of the sample to an upstream reservoir and a downstream reservoir, respectively); and
a confining pressure pump in fluid communication with the core container (Zhang, Figure 1, [0039] “The measurement cell 130 can be a vessel containing a confining fluid 140 (e.g., a gas or a liquid). The
measurement cell 130 can be connected to a pump to control a confining pressure caused by the fluid 140 in the measurement cell 130”).;
an upstream reservoir (Figure1, upstream reservoir 110) in fluid communication with the upstream inlet of the core container and comprising a first upstream valve (Figure 1, Valve 102) for selectively permitting or ceasing fluid flow between the upstream reservoir and the core container (Zhang, Figure 1, [0038], The system 100 may include an upstream reservoir 110, a measurement cell 130 (or a core holder) connecting to the upstream, with valves 102, through a fluidic channel 106);
an upstream pump in fluid communication with the upstream reservoir (Zhang, Figure 1, [0040], “The upstream reservoir 110 and the downstream reservoir 120 can be fluid reservoirs and be connected to two different pumps to control pressures, respectively”)
a downstream reservoir (Figure 1, downstream reservoir 120) in fluid communication with the downstream inlet of the core container and comprising a first downstream valve (Figure 1, downstream valve 104) for selectively permitting or ceasing fluid flow between the downstream reservoir and the core container (Zhang, Figure 1, [0038], The system 100 may include an downstream reservoir 120, a measurement cell 130 (or a core holder) connecting to the downstream, with valves 102, through a fluidic channel 106”); ; and
a downstream pump in fluid communication with the downstream reservoir (Zhang, Figure 1, [0040], “The upstream reservoir 110 and the downstream reservoir 120 can be fluid reservoirs and be connected to two different pumps to control pressures, respectively”) and
wherein the determining comprises:
installing the caprock core sample in the core container (Zhang, Figure 1, [0005], positioning a sample of the subsurface formation in a measurement cell),
wherein the core container is pressurized using the confining pump to a predetermined confining pressure (Zhang, Figure 1, [0039] “The measurement cell 130 can be a vessel containing a confining fluid 140 (e.g., a gas or a liquid). The
measurement cell 130 can be connected to a pump to control a confining pressure caused by the fluid 140 in the measurement cell 130”).;
and the caprock core sample is saturated with water (Zhang, Figure 1, [0064] “The core sample is loaded into a core holder or a measurement cell, e.g., the measurement cell 130 of FIG. 1. A confining pump can be used to introduce distilled water as a confining fluid, e.g., the fluid 140 of FIG. 1, into the measurement cell”);
conducting a flow test by opening the first upstream valve and measuring the pressure difference between a measured pressure of the upstream inlet of the caprock core sample and a measured pressure of the downstream outlet of the caprock sample (Zhang, [0065] Once the confining pump and the upstream and downstream pumps are stable at a desired pressure, the core sample is isolated by closing the valves 102 and 104. A pressure pulse can be applied in the upstream reservoir 110. By opening the valve 102, a pressure pulse decay permeability (PDP) measurement can be carried out”);
Zhang is silent on and comprising a second upstream valve for selectively permitting or ceasing fluid flow between the upstream pump and the upstream reservoir
comprising a second downstream valve for selectively permitting or ceasing fluid flow between the downstream pump and the downstream reservoir,
preparing the testing apparatus by closing the first upstream valve and the second downstream valve, pressurizing the upstream reservoir using the upstream pump, and closing the second upstream valve upon reaching a predetermined pressure in the upstream reservoir;
However, Chen teaches comprising a second upstream valve (Chen, Figure 2, 550 upstream valve) for selectively permitting or ceasing fluid flow between the upstream pump and the upstream reservoir (NOTE: Zhang teaches upstream pump and upstream reservoir)
comprising a second downstream valve (Chen, Figure 2, 400 upstream valve) for selectively permitting or ceasing fluid flow between the downstream pump and the downstream reservoir (NOTE: Zhang teaches upstream pump and upstream reservoir)
preparing the testing apparatus by closing the first upstream valve and the second downstream valve, pressurizing the upstream reservoir using the upstream pump, and closing the second upstream valve upon reaching a predetermined pressure in the upstream reservoir (Chen, Figure 1, [0009], closing an upstream valve, where closing the upstream valve isolates the upstream gas reservoir from both the downstream gas reservoir and the sample, imposing a pulse pressure in the upstream gas reservoir to initiate the test);
It would have been obvious to a person of ordinary skill before the effective filing date to modify Zhang’s method and system to include Chen’s method with an additional upstream valve and control the pressure of the upstream reservoir to obtain a stable pressure for the test flow through the sample container in order to yield the predicted results of measuring pressure differences used in various reservoirs exhibiting microporosity and microporosity, such as fractured reservoirs and carbonate reservoirs composed of reservoir fluids(Abstract, Chen), yet with higher accuracy (KSR).
Modified Zhang, particularly Chen is silent on determining threshold hydraulic gradient for the caprock core sample. calculating a pressure differential as a function of time (∆Pt) based on the measured pressure difference when the pressure difference does not change with time any longer; calculating a threshold hydraulic gradient (Jt), where
J
t
=
∆
P
t
L
and L is a length of the caprock core sample.
However, Xiang'an teaches determining threshold hydraulic gradient for the caprock core sample. calculating a pressure differential as a function of time (∆Pt) based on the measured pressure difference when the pressure difference does not change with time any longer calculating a threshold hydraulic gradient (Jt), where
J
t
=
∆
P
t
L
and L is a length of the caprock core sample. (Xiang’an, Figure 4-5, step 405, [0075], original copy, Page 10, translation preview, middle paragraph, Step 405：Barometric gradient performance graph is drawn according to the dynamic differential pressure of record, drawn according to the dynamic flow of record Flow dynamics curve. Relation between pressure difference and barometric gradient is：
PNG
media_image2.png
54
450
media_image2.png
Greyscale
Wherein, Gt For the barometric gradient of t: Δpt the pressure difference measured for differential manometer t；L is rock sample length
It would have been obvious to a person of ordinary skill before the effective filing date to modify Zhang’s method and system to include Xiang’an method of calculating pressure gradient as taught by Xiang’an in order to obtain the pressure differential value accurately with the benefit of an efficient testing of core sample (Xiang’an, Abstract).
Zhang teaches a confining pump in fluid communication with the core container. Zhang is silent on the pump connect as an inlet on a bottom side.
However, Zhang” 989 teaches the pump connect as an inlet on a bottom side. (Zhang”989, Figure 1, Pressure vessel 50 may be equipped with a hydraulic pump 20 that may pump the confining fluid 22 into pressure vessel 50”).
It would have been obvious to a person of ordinary skill before the effective filing date to modify Zhang’s system to connect the confining pump which is in fluid communication at the bottom side of the fluid container as taught by Zhang”989 in order to maintain the fluid pressure and flow to ensure that there is no gas remaining inside the measurement cell. The connection of the pump at the bottom is a design choice depend on the application and it is well known in the art with the benefit of an efficient testing of core sample (Zhang”989, Figure 1, [0029]).
Regarding Claim 2, combination of Zhang, Chen, Xiang'an, and Zhang”989 teaches the method of claim 1,
Zhang further teaches further comprising repeating the preparing and conducting steps if the measured pressure difference between the inlet and the outlet has not changed with time (Zhang, Figure 1, [0064], measurement on the core sample is performed. The core sample is loaded into a core holder or a measurement cell, e.g., the measurement cell 130 of FIG. 1. A confining pump can be used to introduce distilled water as a confining fluid, e.g., the fluid 140 of FIG. 1, into the
measurement cell. Once the measurement cell is full, the confining pump continues to flow the distilled water into the measurement cell to ensure that there is no gas remaining inside the measurement cell. After the confining of the
measurement cell is locked in, an effective stress pressure (e.g., a pressure difference between a confining pressure and a pore pressure) is illll11ediately applied to the core sample to reduce the possibility of water leakage into the sleeve of the core sample. The effective stress pressure can be about
500 psi. After this step, the pore pressure and the confining pressure can be adjusted to the desired values”).
Regarding Claim 3, combination of Zhang, Chen, Xiang'an, and Zhang”989 teaches the method of claim 1,
Zhang further teaches wherein installing the caprock core container comprises: enclosing at least one sleeve about the caprock core sample. (Zhang, Figure 1, [0041], “The sample 150 can be with one or more layers of sleeves for sealing. For example, the sample 150 can be wrapped in layers of plastic and metal sheet”).
Regarding Claim 4, combination of Zhang, Chen, Xiang'an, and Zhang”989 teaches the method of claim 3,
Zhang further teaches wherein the core container is pressurized using the confining pump by pumping a confining fluid into core container outside of the at least one sleeve (Zhang, Figure 1, [0039],” The measurement cell 130 can be a vessel containing a confining fluid 140 (e.g., a gas or a liquid). The measurement cell 130 can be connected to a pump to control a confining pressure caused by the fluid 140 in the measurement cell 130. A sample 150 of subsurface formation
can be placed in the measurement cell 130 and can be subject to the confining pressure”).
Regarding Claim 5, combination of Zhang, Chen, Xiang'an, and Zhang”989 teaches the method of claim 1,
Zhang further teaches wherein the upstream pump in the testing apparatus pumps water or a saline solution into the upstream reservoir and the downstream pump in the testing apparatus pumps water or a saline solution into the downstream reservoir (Zhang, 0064] Second, measurement on the core sample is performed. The core sample is loaded into a core holder or a measurement cell, e.g., the measurement cell 130 of FIG. 1. A confining pump can be used to introduce distilled water as
a confining fluid, e.g., the fluid 140 of FIG. 1, into the measurement cell”).
Regarding Claim 6, combination of Zhang, Chen, Xiang'an, and Zhang”989 teaches the method of claim 1,
Zhang further teaches wherein the upstream pump in the testing apparatus pumps a liquid into the upstream reservoir and the downstream pump in the testing apparatus pumps a liquid into the downstream reservoir. (Zhang, Figure 4, [ [0077] “At 406, a fluid is flowed through the sample from the upstream reservoir to the downstream reservoir”)
Regarding Claim 7, combination of Zhang, Chen, Xiang'an, and Zhang”989 teaches the method of claim 1,
Zhang further teaches wherein the caprock core sample has a diameter in the range of 1 inch to 4 inches, and an axial length in the range of 1 inch to 2 inches. (Zhang, [0037] “samples of standard size, for example, 1 to 1.5 inches in diameter and
I to 2 inches in length”. NOTE: Zhang teaches a standard core sample with a diameter range 1-1.5 inches. It is a design choice for the experiment. Please see evident)
Regarding Claim 8, combination of Zhang, Chen, Xiang'an, and Zhang”989 teaches the method of claim 1,
Zhang further teaches wherein the caprock core sample has a diameter of 1 inch and an axial length of 1 inch. (Zhang, [0037] “samples of standard size, for example, 1 to 1.5 inches in diameter and I to 2 inches in length”).
Regarding Claim 9, combination of Zhang, Chen, Xiang'an, and Zhang”989 teaches the method of claim 1,
Zhang further teaches wherein the predetermined confining pressure is in the range of 500 psi to 5,000 psi. (Zhang, [0065] “The effective stress pressure can be about 500 psi. After the effective stress pressure is applied, a pore pressure and a confining pressure can be adjusted to any desired values.
Regarding Claim 10, combination of Zhang, Chen, Xiang'an, and Zhang”989 teaches the method of claim 1,
Zhang further teaches herein the predetermined confining pressure is in the range of 500 psi to 2,500 psi. Zhang, [0065] “The effective stress pressure can be about 500 psi. After the effective stress pressure is applied, a pore pressure and a confining pressure can be adjusted to any desired values. [0077] The pore pressure can be smaller than the confining pressure. The pore pressure can be about 2,500 psi. The use of the pore pressure is to minimize the impact of diffusion on pem1eability measurements. As the gas from the upstream and downstream reservoirs is introduced into the core sample, the confining pressure in the measurement cell is increased simultaneously to maintain a pressure difference between the confining pressure and the pore pressure to be the effective stress pressure”).
Regarding Claim 11, combination of Zhang, Chen, Xiang'an, and Zhang”989 teaches the method of claim 1,
Zhang further teaches wherein the caprock core sample is collected from a saline aquifer, the saline aquifer for sequestration of CO2 or storage of H2. (Zhang, [0006] “The subsurface formation can include at least one of shale, limestone, siltstone, or sandstone. The fluid can include one or more gases from a group of gases including methane, argon, nitrogen, carbon dioxide, helium, ethane, and propane”).
Regarding Claim 12, combination of Zhang, Chen, Xiang'an, and Zhang”989 teaches the method of claim 1,
Zhang further teaches wherein the caprock core sample is collected from a depleted oil and gas well, the oil and gas well for sequestration of CO2 or storage of H2. (Zhang, [0004] “The present specification describes methods, apparatus, and systems for determining matrix pem1eability of subsurface formations. e.g . fractured reservoir rocks”).
Claims 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2022/0056798 A1, hereinafter Zhang) and in view of Chen et al (US 2019/0368997 A1, hereinafter Chen) and in further view of Zhang”989 et al. US 2020/0370989 A1, hereinafter Zhang” 989).
Regarding Claim 13, Zhang teaches,
A testing apparatus (Zhang, Figure 1, system 100) comprising:
a core container (Zhang, Figure 1, [0038], a measurement cell 130) for receiving a core sample comprising:
an upstream inlet in fluid communication with the core container; a downstream inlet in fluid communication with the core container (Zhang, Figure 1, [0005], fluidly connecting an inlet and an outlet of the sample to an upstream reservoir and a downstream reservoir, respectively); and
a confining pressure pump in fluid communication with the core container; (Zhang, Figure 1, [0039] “The measurement cell 130 can be a vessel containing a confining fluid 140 (e.g., a gas or a liquid). The measurement cell 130 can be connected to a pump to control a confining pressure caused by the fluid 140 in the measurement cell 130”).;
an upstream reservoir (Figure1, upstream reservoir 110) in fluid communication with the upstream inlet of the core container and comprising a first upstream valve (Figure 1, Valve 102) for selectively permitting or ceasing fluid flow between the upstream reservoir and the core container (Zhang, Figure 1, [0038], The system 100 may include an upstream reservoir 110, a measurement cell 130 (or a core holder) connecting to the upstream, with valves 102, through a fluidic channel 106);
an upstream pump in fluid communication with the upstream reservoir (Zhang, Figure 1, [0040], “The upstream reservoir 110 and the downstream reservoir 120 can be fluid reservoirs and be connected to two different pumps to control pressures, respectively”) and
a downstream reservoir (Figure 1, downstream reservoir 120) in fluid communication with the downstream inlet of the core container and comprising a first downstream valve (Figure 1, downstream valve 104) for selectively permitting or ceasing fluid flow between the downstream reservoir and the core container (Zhang, Figure 1, [0038], The system 100 may include an downstream reservoir 120, a measurement cell 130 (or a core holder) connecting to the downstream, with valves 102, through a fluidic channel 106”); and
a downstream pump in fluid communication with the downstream reservoir “Zhang, Figure 1, [0040], “The upstream reservoir 110 and the downstream reservoir 120 can be fluid reservoirs and be connected to two different pumps to control pressures, respectively”) and
Zhang is silent on comprising a second upstream valve for selectively permitting or ceasing fluid flow between the upstream pump and the upstream reservoir;
comprising a second downstream valve for selectively permitting or ceasing fluid flow between the downstream pump and the downstream reservoir.
However, Chen teaches comprising a second upstream valve (Chen, Figure 2, 550 upstream valve) for selectively permitting or ceasing fluid flow between the upstream pump and the upstream reservoir; (NOTE: Zhang teaches upstream pump and upstream reservoir).
comprising a second downstream valve (Chen, Figure 2, 400 upstream valve) for selectively permitting or ceasing fluid flow between the downstream pump and the downstream reservoir. (NOTE: Zhang teaches upstream pump and upstream reservoir)
It would have been obvious to a person of ordinary skill before the effective filing date to modify Zhang’s method and system to include Chen’s method with an additional upstream valve and control the pressure of the upstream reservoir to obtain a stable pressure for the test flow through the sample container in order to yield the predicted results of measuring pressure differences used in various reservoirs exhibiting microporosity and microporosity, such as fractured reservoirs and carbonate reservoirs composed of reservoir fluids(Abstract, Chen), yet with higher accuracy (KSR).
Zhang teaches a confining pump in fluid communication with the core container. Zhang is silent on the pump connect as an inlet on a bottom side.
However, Zhang” 989 teaches the pump connect as an inlet on a bottom side. (Zhang”989, Figure 1, Pressure vessel 50 may be equipped with a hydraulic pump 20 that may pump the confining fluid 22 into pressure vessel 50”).
It would have been obvious to a person of ordinary skill before the effective filing date to modify Zhang’s system to connect the confining pump which is in fluid communication at the bottom side of the fluid container as taught by Zhang”989 in order to maintain the fluid pressure and flow to ensure that there is no gas remaining inside the measurement cell. The connection of the pump at the bottom is a design choice depend on the application and it is well known in the art with the benefit of an efficient testing of core sample (Zhang”989, Figure 1, [0029]).
Regarding Claim 14, combination of Zhang, Chen, and Zhang”989 teaches the testing apparatus of claim 13,
Zhang further teaches, further comprising a temperature sensor provided at each of the upstream pump, downstream pump, and confining pump. (Zhang, Figure 1, “The pumps connected to the upstream reservoir 110 and the downstream reservoir 120 can include flow meters to measure mass flow rates at an inlet and outlet of the sample 150. A number of pressure and temperature transducers can be used to monitor pressure and temperature conditions at different locations in the system 100”).
Regarding Claim 15, combination of Zhang, Chen, and Zhang”989 teaches the testing apparatus of claim 13,
Zhang further teaches, further comprising a pressure sensor provided at each of the upstream pump, downstream pump, and confining pump. (Zhang, Figure 1, “The pumps connected to the upstream reservoir 110 and the downstream reservoir 120 can include flow meters to measure mass flow rates at an inlet and outlet of the sample 150. A number of pressure and temperature transducers can be used to monitor pressure and temperature conditions at different locations in the system 100”).
Regarding Claim 16, combination of Zhang, Chen, and Zhang”989 teaches the testing apparatus of claim 13,
Zhang further teaches, further comprising a temperature sensor provided proximate to each of the upstream outlet and the downstream outlet (Zhang, Figure 1, “The pumps connected to the upstream reservoir 110 and the downstream reservoir 120 can include flow meters to measure mass flow rates at an inlet and outlet of the sample 150. A number of pressure and temperature transducers can be used to monitor pressure and temperature conditions at different locations in the system 100”. NOTE: the transducers could be positioned at any locations in the system 100 including the upstream and downstream outlet)..
Regarding Claim 17, combination of Zhang, Chen, and Zhang”989 teaches the testing apparatus of claim 13,
Zhang further teaches, further comprising a pressure sensor provided proximate to each of the upstream outlet and the downstream outlet. (Zhang, figure 1, figure 4, [0078] At 408, changes of an upstream pressure and a downstream pressure in a measurement time period are measured. The upstream pressure can be associated with the upstream reservoir. In some examples, the upstream pressure can be a pressure in the upstream reservoir, which can be measured by a pressure gauge, e.g., the pressure gauge 160, that is inserted into the upstream reservoir”).
Regarding Claim 18, combination of Zhang, Chen, and Zhang”989 teaches the testing apparatus of claim 13,
Zhang further teaches, further comprising a flow meter interposing the upstream reservoir and the core container. (Zhang, figure 1, [0040], “The pumps connected to the upstream reservoir 110 and the downstream reservoir 120 can include flow meters to measure mass flow rates at an inlet and outlet of the sample 150”).
Regarding Claim 19, combination of Zhang, Chen, and Zhang”989 teaches the testing apparatus of claim 13,
Zhang further teaches, further comprising a flow meter interposing the downstream reservoir and the core container. Zhang, figure 1, [0040], “The pumps connected to the upstream reservoir 110 and the downstream reservoir 120 can include flow meters to measure mass flow rates at an inlet and outlet of the sample 150”).
Conclusion
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
YUE et al. (US 2018/0372611 A1) recites “The present application provides an apparatus and a method for measuring apparent permeability of a tight rock core, the apparatus comprises: a rock core holder, a first high-pressure injection pump, a second high-pressure injection pump, a micro-differential pressure meter, a micro-flow meter, a first pressure control unit, a second pressure control unit, a first valve, a second valve, a third valve, and a fourth valve; the first pressure control unit comprises: a first pressure-resistant piston container and a second pressure-resistant piston container, both of which are divided into an upper cavity and a lower cavity by a piston, the upper cavities of the first pressure-resistant piston container and the second pressure-resistant piston container are filled with gases and communicate with each other, and the lower cavity of the first pressure-resistant piston container is filled with pump pressure-transmission liquids, and the lower cavity of the second pressure-resistant piston container is filled with experimental fluids”.
ZHAO et al (CN 110296921 B) discloses “The invention discloses a testing device and a testing method for shale gas permeability under reservoir conditions by a steady state method. The test device includes: a thermostat; the main body module comprises a rock core holder, a differential pressure sensor connected with two ends of the rock core holder, a first intermediate container and a second intermediate container, and is arranged in the constant temperature box; the injection module is connected to an inlet of the core holder; one end of the adjusting module is connected with the first intermediate container, and the other end of the adjusting module is connected with the second intermediate container; the confining pressure automatic tracking pump is connected with the core holder and tracks and adjusts the confining pressure of the core holder; the back pressure valve is arranged at the outlet of the rock core holder; the flowmeter is connected with the back pressure valve and the outlet of the rock core holder through a pipeline; the data acquisition module is used for acquiring the test data of the test device. The advantages are that: and the high permeability and the low permeability are tested at the same time, so that the equipment investment is saved, and the testing precision of the permeability of the high-permeability rock and the low-permeability rock is ensured” (abstract)
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DILARA SULTANA whose telephone number is (571)272-3861. The examiner can normally be reached Mon-Fri, 9 AM-5:30 PM.
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, EMAN ALKAFAWI can be reached on (571) 272-4448. 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.
/DILARA SULTANA/Examiner, Art Unit 2858
04/29/2026
/EMAN A ALKAFAWI/Supervisory Patent Examiner, Art Unit 2858 5/5/2026
Prosecution Insights