DETAILED ACTION
Examiner has received and accepted the amended claims and remarks filed on 3 March 2026. These amended claims and remarks are the claims and remarks being referred to in the instant Office 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 .
Election/Restrictions
Applicant’s election without traverse of Invention I and Species I in the reply filed on 3 March 2026 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 recites the limitation "the array of biasing members". There is insufficient antecedent basis for this limitation in the claim. Examiner has interpreted Claim 14 as being dependent upon Claim 13.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bahrton (US 5554805).
Regarding Claim 1, Bahrton discloses a flowmeter, in at least Figure 3, comprising: an inlet for receiving a wellbore fluid therein (left side of 2 inherently capable of receiving any fluid including a wellbore fluid) (Figure 3); an outlet for discharging the wellbore fluid (right side of 2 inherently capable of discharging any fluid including a wellbore fluid) (Figure 3); a stationary outer pipe (2) extending between the inlet and the outlet and exhibiting a first diameter for receiving the wellbore fluid in an unrestricted state (Figure 3); one or more movable walls (wall between 11a and 3) and coupled within the outer pipe (via 11’s mounting structures) and circumscribing a conical flow path defining an orifice (orifice between 11a and 3) at a downstream end thereof for constricting the wellbore fluid to a restricted state (Figure 3), the movable walls being responsive to increasing mass flow rates of the wellbore fluid to expand the orifice and responsive to decreasing mass flow rates of the wellbore fluid to diminish the orifice [Abstract]; and at least one sensor (5) operable to detect a parameter indicative of the pressures of the wellbore fluid in the unrestricted and restricted states (Col 7, lines 16 – 30) (Figure 3).
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bahrton (US 5554805), in view of Pang et al. (CN 111750939). Citations pertaining to Pang refer to the attached English translation.
Regarding Claim 7, Bahrton fails to expressly disclose an orifice sensor operable to detect a parameter indicative of a size of the orifice.
Pang teaches an orifice sensor operable to detect a parameter indicative of a size of the orifice [0038].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Bahrton to include an orifice sensor operable to detect a parameter indicative of a size of the orifice for the benefit of determining the orifice size ensuring to needs of flow rate are met, as taught by Pang [0010].
Claim(s) 8, 9, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bahrton (US 5554805), in view of Quin et al. (US 2021/0025740).
Regarding Claim 8, Bahrton discloses a system, in at least Figure 3 comprising: a flowmeter inlet for receiving a wellbore fluid therein (left side of 2 inherently capable of receiving any fluid including a wellbore fluid) (Figure 3); a flowmeter outlet for discharging the wellbore fluid (right side of 2 inherently capable of discharging any fluid including a wellbore fluid) (Figure 3); a stationary outer pipe (2) extending between the inlet and the outlet and exhibiting a first diameter for receiving the wellbore fluid in an unrestricted state (Figure 3); one or more movable walls (wall between 11a and 3) coupled within the outer pipe (via 11’s mounting structures) and circumscribing a conical flow path defining an orifice (orifice between 11a and 3) at a downstream end thereof for constricting the wellbore fluid to a restricted state (Figure 3), the movable walls responsive to increasing mass flow rates of the wellbore fluid to expand the orifice and responsive to decreasing mass flow rates of the wellbore fluid to diminish the orifice [Abstract]; and at least one sensor (5) operable to detect a parameter indicative of the pressures of the wellbore fluid in the unrestricted and restricted states (Col 7, lines 16 – 30) (Figure 3).
Bahrton fails to expressly disclose the system is a wellbore system including a wellbore conduit fluidly coupled to a wellbore and operable to receive a wellbore fluid therein, the flowmeter inlet receiving the wellbore fluid from the wellbore conduit.
Quin teaches a wellbore system, in at least Figure 1, including a wellbore conduit (28) fluidly coupled to a wellbore (26) and operable to receive a wellbore fluid therein [0014], a flowmeter inlet (inlet of 20) receiving the wellbore fluid from the wellbore conduit [0014].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Bahrton’s system so that it is a wellbore system including a wellbore conduit fluidly coupled to a wellbore and operable to receive a wellbore fluid therein, the flowmeter inlet receiving the wellbore fluid from the wellbore conduit for the benefit of determine data on the phases of hydrocarbon fluid being produced, as taught by Quin [0001].
Regarding Claim 9, Quin discloses the wellbore conduit includes a surface conduit extending from a wellhead (30) disposed over the wellbore [0014].
The combination would have been obvious for the same reasons regarding the rejection of Claim 8 above.
Regarding Claim 11, Bahrton discloses a signal to determine a flow rate of the wellbore fluid based on data provided by the at least one sensor (Col 7, lines 3 – 12, 55 – 62).
The combination fails to expressly disclose a controller coupled to the sensor to determine the flow rate based on the data provided by the sensor.
Examiner take Official Notice it is common knowledge in the art for controllers to receive signals from sensors as input and determine measured quantities from them.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination to utilize a controller operatively coupled to the sensor to determine the flow rate of the fluid based on the data provided by the at least one sensor for the benefit of automating the flow rate data collection and allowing the data to be sent wherever required.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bahrton (US 5554805), in view of Quin et al. (US 2021/0025740), in further view of Mulford (US 2013/0319103).
Regarding Claim 10, the combination fails to expressly disclose the wellbore conduit includes a downhole completion string having one or more inflow control devices therein for receiving the wellbore fluid from a geologic formation around the wellbore.
Mulford teaches a wellbore conduit (Figure 1) includes a downhole completion string (100) having one or more inflow control devices therein (106) for receiving the wellbore fluid from a geologic formation around the wellbore [0013].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination so that the wellbore conduit includes a downhole completion string having one or more inflow control devices therein for receiving the wellbore fluid from a geologic formation around the wellbore for the benefit of structure to permit entrance of the fluid into the wellbore conduit.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bahrton (US 5554805), in view of Quin et al. (US 2021/0025740), in further view of Pang et al. (CN 111750939).
Regarding Claim 12, the combination fails to expressly disclose an orifice sensor operable to detect a parameter indicative of a size of the orifice, and wherein the controller is operatively coupled to the orifice sensor to determine the flow rate of the wellbore fluid based on data provided by the orifice sensor.
Pang teaches an orifice sensor operable to detect a parameter indicative of a size of the orifice [0038].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination to include an orifice sensor operable to detect a parameter indicative of a size of the orifice for the benefit of determining the orifice size ensuring to needs of flow rate are met, as taught by Pang [0010].
Pang also teaches flow rate is dependent upon the orifice [0004] providing an equation to determine flow rate according to orifice size [0004].
As such, it further would have been obvious to modify the combination so that the controller is operatively coupled to the orifice sensor to determine the flow rate of the wellbore fluid based on data provided by the orifice sensor for the benefit of calculating the flow rate or an additional flow rate for comparison purposes.
Allowable Subject Matter
Claims 2 – 4 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claims 2 and 13, the closest piece of prior art US 2011/0185805 disclosing biasing members in the embodiment of Figures 5 and 6 [0024] but failing to meet the recited claim limitations.
Conclusion
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ALEXANDER A. MERCADO
Primary Examiner
Art Unit 2855
/ALEXANDER A MERCADO/ Primary Examiner, Art Unit 2855