Prosecution Insights
Last updated: April 19, 2026
Application No. 18/409,188

IN-SITU NMR MEASUREMENT OF MINERALS AND OTHER SUBSTANCES

Non-Final OA §103
Filed
Jan 10, 2024
Examiner
MAINI, RAHUL
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Vista Clara Inc.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
93%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
285 granted / 383 resolved
+6.4% vs TC avg
Strong +19% interview lift
Without
With
+19.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
9 currently pending
Career history
392
Total Applications
across all art units

Statute-Specific Performance

§101
4.1%
-35.9% vs TC avg
§103
49.6%
+9.6% vs TC avg
§102
22.0%
-18.0% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 383 resolved cases

Office Action

§103
DETAILED ACTION Election/Restrictions Claims 5-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/19/2025. Information Disclosure Statement The information disclosure statement (IDS) submitted on 02/26/2024 is being considered by the examiner. Claim Objections Claim 20 is objected to because of the following informalities: “the contaminant” has no antecedent basis. Appropriate correction is required. 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 1-4, 13-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kleinberg (US 6,346,813 B1, Pub 12 Feb 2002) in view of Prammer et al. (US 2002/0140425 A1, Pub 03 Oct 2002, herein Prammer). Regarding Claim 1, Kleinberg teaches: PNG media_image1.png 735 810 media_image1.png Greyscale A nuclear magnetic resonance (NMR) sensor configured for deployment in a well or Earth formation (A downhole NMR instrument is deployed into a wellbore that traverses an earth formation [2:61-3:15].; see Fig 1), the NMR sensor comprising: a sensor body configured for deployment in the well or Earth formation (NMR module/apparatus 15 - "sensor body" - is deployed with tool 10 is deployed into the earth formation [4:14-30].; see Fig 1); a magnetic array disposed inside the sensor body and adapted to produce a first magnetic field in a measurement zone (An array of permanent magnets 25 - "magnetic array" - is inside NMR module 15 - "sensor body" - and produces a constant/static magnetic field B0 - "first magnetic field" - in the portion of channel 21 - "measurement zone" - that permanent magnets 25 surround.; see Fig 1-3); and produce a second magnetic field within the measurement zone (NMR antenna 23 - "transmit/receive" antenna - radiates a B1 magnetic field - "second magnetic field" - at the Larmor frequency in the "measurement zone" [4:50-57].; see Fig 1-3); and detect NMR signals emitted from a sample material within the measurement zone (NMR antenna 23 receives signals at the Larmor frequency from materials flowing through the "measurement zone" [5:25-45].; see Fig 1-3); wherein the first magnetic field and the second magnetic field are adapted for direct detection and measurement of a concentration of a substance comprising non-hydrogen nuclei within the sample material (The B0 field - "first magnetic field" - and B1 field - "second magnetic field" - are perpendicular to each other. These fields are applied to the sample fluid - "sample material" - flowing through the flow line NMR apparatus. Using the NMR apparatus, the volumes of individual components of fluid mixtures can be measured - "direct detection and measurement of a concentration of a substance" [11:53-59]. Magnetic resonance of nuclear species other than hydrogen are useful and can be performed by the same apparatus [11:66-12:4]. This can be done by changing the frequency of operation to match the Larmor frequency of the nucleus of interest [5:43-45].; see Fig 1-3). Kleinberg does not teach: a transmit / receive array disposed inside the sensor body, However, Prammer teaches: PNG media_image2.png 586 560 media_image2.png Greyscale a transmit / receive array disposed inside the sensor body (Transmit coil 30 and Transmit & Receive coil 35 make up the "transmit/receive array". They are disposed within the body of fluid analysis apparatus 100 - "sensor body".; see Fig 1 & 3), It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kleinberg in view of Prammer by having a transmit / receive array disposed inside the sensor body because it allows for relaxation times to be determined without regard for the flow rate as taught by Prammer [0057]. Regarding Claim 2, Kleinberg teaches: a sample cavity within or adjacent the sensor body (Flow channel 21 - "sample cavity" - is within the body of NMR apparatus 15 - "sensor body" [4:34-39].; see Fig 1-3), wherein the NMR sensor is configured to receive the sample material inside the sample cavity (Formation fluid - "sample material" - is received inside flow channel 21 - "sample cavity" - of NMR apparatus 15 - "NMR sensor" [4:34-39].; see Fig 1-3), and wherein the measurement zone is inside the sample cavity (The "measurement zone" is the portion of flow channel 21 - "sample cavity" - that permanent magnets 25 and NMR antenna 23 surround [4:50-5:9].; see Fig 1-3). Regarding Claim 3, Kleinberg teaches: a flow control device configured to control a flow of the sample material into the sample cavity (Pumpout module 17 - "flow control device" - lowers the pressure in the flow line in a controlled manner so as to extract fluid from the formation - "sample material" - while maintaining the pressure near the original formation pressure within flow channel 21 - "sample cavity"[4:14-39]. The pumpout module can operate at flow rates of up to 2m/s [6:28-42].; see Fig 1-3). Regarding Claim 4, Kleinberg teaches: the magnetic array surround the sample cavity (Permanent magnets 25 - "magnetic array" - surrounds flow channel 21 - "sample cavity".; see Fig 1-3). Kleinberg does not teach: the transmit / receive array substantially surround the sample cavity. However, Prammer teaches: the transmit / receive array substantially surround the sample cavity (Transmit coil 30 and Transmit & receiver coil 35 - "transmit / receive array" - surround measurement chamber 10 - "sample cavity."; see Fig 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kleinberg in view of Prammer by having the transmit / receive array substantially surround the sample cavity because it allows for relaxation times to be determined without regard for the flow rate as taught by Prammer [0057]. Regarding Claim 13, Kleinberg teaches: the sample material comprises groundwater and wherein the substance comprising non-hydrogen nuclei comprises a dissolved NMR- sensitive mineral that is dissolved in the groundwater (Connate water - "groundwater" - which is ancient water trapped in the pores of sedimentary rock can be flowed through the flow channel [9:37-44]. NMR apparatus 15 can detect potassium-39/39K [16:5-26]). Regarding Claim 14, Kleinberg teaches: the dissolved NMR-sensitive mineral comprises at least one of lithium, phosphorus, or potassium (NMR apparatus 15 can detect potassium-39/39K [16:5-26]). Regarding Claim 15, Kleinberg teaches: the first magnetic field is substantially uniform within the measurement zone (B.sub.0 - "first magnetic field" - is preferably "substantially uniform" in the volume occupied by the liquid within flow channel 21 - "measurement zone" [4:65-5:9].). Regarding Claim 16, Kleinberg teaches: the substantially uniform magnetic field is adapted to facilitate exclusion of NMR signals produced by hydrogen nuclei (Because field B.sub.0 is substantially uniform it facilitates exclusion of NMR signals produced by hydrogen nuclei [4:65-5:9].). Regarding Claim 18, Kleinberg teaches: the first magnetic field has a spatial gradient which is approximately zero within the measurement zone (B.sub.0 - "first magnetic field" - is preferably "approximately zero" in the volume occupied by the liquid within flow channel 21 - "measurement zone" [4:65-5:9].). Regarding Claim 19, Kleinberg teaches: the sample material comprises groundwater and wherein the substance comprising non-hydrogen nuclei comprises a contaminant (Connate water from the formation can be introduced into the flow channel 21. Contaminants such as sodium and potassium can be detected in the connate water [9:37-10:5].). Regarding Claim 20, Kleinberg teaches: the contaminant comprises a benzene, toluene, ethylbenzene and xylene (BTEX) substance, a perfluoroalkyl or polyfluoroalkyl (PFAS) substance, a hydrocarbon, or an organic contaminant (Carbon-13 NMR analysis can be used to detect "hydrocarbon" quantity [13:55-63].). Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kleinberg in view of Prammer and further in view of Li et al. (US 2019/0285767 A1, Pub 19 Sep 2019, herein Li). Regarding Claim 17, Kleinberg and Prammer do not explicitly teach the limitations, though they do teach wireline embodiments. However, Li teaches: the transmit / receive array is coupled to surface electronics via a transmission line, and wherein the surface electronics are adapted to control the NMR measurement (Wireline 224 - "transmission line" - connects the antennas 220 and 234 - "transmit/receive array" - to a surface control unit - "surface electronics" - of surface equipment 112 [0020].; see Fig 1B & 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kleinberg and Prammer in view of Li by having the transmit / receive array is coupled to surface electronics via a transmission line, and wherein the surface electronics are adapted to control the NMR measurement because it is applying a known technique to a known device ready for improvement to yield the predictable result of allowing complex electronics to not have to be disposed downhole and not be exposed to high temperatures and high pressure environments that may damage those electronics, while allowing instructions to be sent in real time and data to be received in real time. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAHUL MAINI whose telephone number is (571)270-1099. The examiner can normally be reached M-Th, 9am-4pm, EST. 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 at 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. /R.M/Examiner, Art Unit 2858 01/21/2026 /ALESA ALLGOOD/Primary Examiner, Art Unit 2858
Read full office action

Prosecution Timeline

Jan 10, 2024
Application Filed
Jan 25, 2026
Non-Final Rejection — §103
Feb 25, 2026
Interview Requested
Mar 03, 2026
Examiner Interview (Telephonic)
Mar 03, 2026
Examiner Interview Summary

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
93%
With Interview (+19.0%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 383 resolved cases by this examiner. Grant probability derived from career allow rate.

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