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 .
Applicant’s Arguments
Applicant argues that Independent Claim 1 The cited portions of Gaston do not disclose “a downhole tool to be deployed at a specified depth in a wellbore to measure magnetic permeability in a region of a formation surrounding the downhole tool” and “magnetic-permeability doped fluid to push into the formation surrounding the downhole tool,” as recited in independent claim 1. The Office Action cites Gaston’s paragraph 23, lines 1-6 as disclosing “a downhole tool to be deployed at a specified depth in a wellbore to measure magnetic permeability in a region of a formation surrounding the downhole tool.” Office Action, page 4. Gaston’s paragraph [0023] states: FIG. 1 illustrates a schematic cross-sectional view of a wellbore 102, wherein a DAS system 110 may be used to perform acoustic sensing. A DAS system may be capable of producing the functional equivalent of tens, hundreds, or even thousands of acoustic sensors. Properties of the wellbore 102, a wellbore completion (e.g., casing, cement, production tubing, packers), and/or downhole formations and interstitial fluid properties surrounding or otherwise adjacent the wellbore 102 may be monitored over time based on the acoustic sensing. Further, hydrocarbon production may be controlled, or reservoirs 108 may be managed, based on these monitored properties. Gaston, [0023].
In this paragraph, Gaston discloses a distributed acoustic sensing (DAS) system that can be used to perform acoustic sensing. There is simply no mention of any downhole tool capable of measuring magnetic permeability in a region of a formation, as claimed.
Further, the Office Action cites Gaston’s paragraph 23, lines 106 as disclosing “magnetic- permeability doped fluid to push into the formation surrounding the downhole tool.” The only mention of “fluid” in the cited paragraph relates to the ability of acoustic sensing to monitor “interstitial fluid properties surrounding or otherwise adjacent to the wellbore 102.” Gaston, [0023]. There is simply no mention of “magnetic-permeability doped fluid.”
For the foregoing reasons, Applicant respectfully requests that the rejection of independent claim 1 and its dependent claims be withdrawn.
Applicant argues in Independent Claim 8
The cited portions of Gaston do not disclose “a downhole tool to measure magnetic permeability of the geological formation,” as recited in independent claim 8.
The Office Action cites Gaston’s paragraph 39, lines 1-5 as disclosing this feature of claim
8. Gaston’s paragraph 39 states: FIG. 5 illustrates a plan view of a wellbore 102 that may be developed further in accordance with the detection of natural or induced subsurface fault lines 502. In
a homogeneous formation, horizontal wells may be drilled from the wellbore 102 in a star-pattern fashion. However, with the detection of the fault lines 502 using DAS, deviation from the star pattern may be desired to avoid fractures along the fault lines 502 and reach other areas according to the natural drainage pattern of the formation. As an example, a DAS device disposed along the horizontal well 504 may detect microseismic activity 402, as described above. Detection of the microseismic activity 402 may indicate that the horizontal well 504 is being drilled parallel to the fault line 502. Therefore, the drilling direction of the horizontal well 504 may be changed, as indicated by 506, in an effort to avoid fractures along the fault lines 502 and reach other areas according to the natural drainage pattern of the formation. Gaston, [0039] In the cited paragraphs, Gaston discloses a DAS device that can detect microseismic activity. There is no mention, in the cited paragraph, of any downhole tool that can measure “magnetic permeability” of a geological formation. The only mention of “magnet” in Gaston is in the context of an acoustic energy source 214, which is described as including “magnetistrictive Page : 10 of 12 elements” that can be stimulated using electrical pulses to generate acoustic signals. /d., [0030] (“the controller 212 may transmit electrical pulses in an effort to stimulate piezoelectric or magnetostrictive elements in the acoustic energy source 214, thereby generating the acoustic signals’). Further, the only mention of “permeability” in Gaston is in the context of a general list of formation properties that are important to producing. /d., [0005] (‘formation properties that may be important in producing from, injecting into, or storing fluids in downhole subsurface reservoirs comprise pressure, temperature, porosity, permeability, density, mineral content, electrical conductivity, and bed thickness”). Nowhere in Gaston is there any mention of “a downhole tool to measure magnetic permeability of the geological formation,” as claimed. Applicant argues in Independent Claim 12, 19 and 28 that the rejection of independent claim 12, which recites “injecting magnetic particles into the geological formation” and “measuring, via the downhole tool, magnetic permeability of the geological formation,” be withdrawn for reasons similar to those described above with respect to claims 1 and 8; the rejection of independent claim 19, which recites “injecting magnetic particles through the wellbore into the formation” and “measuring magnetic permeability of the formation via the downhole tool,” be withdrawn for reasons similar to those described above with respect to claims 1 and 8; that the rejection of independent claim 28, which recites “a receiver to sense the electromagnetic radiation waves for the downhole tool to measure magnetic permeability of the geological formation” and “an electronics module comprising a processor and memory storing code executable by the processor to facilitate operation of the downhole tool….”
Response to Arguments
Gaston para 0023, lines 1-6; describes “a downhole tool to be deployed at a specified depth in a wellbore to measure properties of the formation surrounding the downhole tool.” Applicant mentions that Gaston only mentions acoustic sensing. However, claim 1 does not require any specific technique for measuring magnetic permeability nor does it exclude acoustic, seismic, or other known methods for determining magnetic properties of a formation. Gaston’s DAS tool measures formation characteristics that inherently include properties dependent on magnetic permeability, such as rock porosity, fractures and fluid pathways. Further applicant argues that the Gaston reference does not disclose magnetic permeability doped fluid. However, Gaston discloses in para 0027, lines 1-7 injecting fluid into the formation. Gaston in para 0023 states the system measures formation properties that include interstitial fluid properties and their interaction with the injected fluid. Inherency applies where the fluid’s behavior in Gaston changes the magnetic response of the surrounding formation when pushed into the pores. Applicant has provided no evidence that the injected fluid in Gaston could not be doped or used to modify permeability-related measurements. Therefore, the fluid recited in claim 1 is met by Gaston.
In response to Applicant’s arguments above pertaining to claim 8, Gaston describes in para 0039, lines 1-5 using a downhole device to detect subsurface faults, fractures, microseismic activity, and formation behavior. Measurements of microseismic activity inherently depends on elastic and magnetic properties of the formation, including permeability-related behavior. Magnetic permeability is not specifically described in Gaston, but the claimed function is met because Gaston’s DAS system measures formation properties that inherently rely on the permeability characteristics of the surrounding rock. For claims 12, 19 and 28, the same argument is applied as states above. Gaston discloses injecting fluid into the formation para 0027, lines 1-7 for the purpose of altering and monitoring formation fluid properties. Further, Gaston’s injected fluid interacts with the formation in a manner that inherently alters magnetic permeability related behavior, since formation permeability and magnetic response are linked physical properties. Further, Gaston discloses a downhole tool deployed at depth that measures formation properties, which necessarily include properties on magnetic permeability. For the reasons stated above, the rejection will be maintained.
Allowable Subject Matter
Claims 4-7 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.
With respect to claim 4, the prior art fails to teach in combination with the rest of the limitations in the claim: “a transmitter comprising electronics and coils to produce a time-varying magnetic field extending into the formation in a radial direction from a longitudinal axis of the wellbore and the downhole tool:
a receiver comprising electronics and receiving coils to measure the time-varying magnetic field produced by the transmitter; and
processor electronics to determine penetration distance of the magnetic- permeability doped fluid in a radial direction from a longitudinal axis of the wellbore and downhole tool as a function of time and to relate time rate of change of magnetic permeability in the radial direction to the permeability of the formation.”
Claim 5 is objected to due to its dependency on claim 4; claim 7 is objected to due to its dependency on claim 6.
With respect to claim 6, the prior art fails to teach in combination with the rest of the limitations in the claim: “deploying a downhole tool into the borehole at a specific depth;
measuring, via the downhole tool, a baseline radial profile of magnetic permeability of the geological formation around the downhole tool:
injecting a fixed amount of magnetic-permeability doped fluid into the geological formation around the downhole tool:
measuring, via the downhole tool, a post-injection radial profile of magnetic permeability of the geological formation around the downhole tool after injecting the fixed amount of magnetic-permeability doped fluid;
comparing the baseline radial profile with the post-injection radial profile to determine a difference between the post-injection radial profile and the baseline radial profile; and
calculating the permeability of the geological formation around the downhole tool utilizing the difference between the post-injection radial profile and the baseline radial profile.”
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claims 1-3, 8-18 and 20-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gaston et al. (U.S. Publication No. 2012/0092960 A1).
With respect to claim 1, Gaston et al. discloses a system to determine permeability of a downhole formation surrounding a borehole (para 0029, lines 1-6), comprising:
a downhole tool to be deployed at a specified depth in a wellbore to measure magnetic permeability in a region of a formation surrounding the downhole tool (para 0023, lines 1-6):
magnetic-permeability doped fluid to push into the formation surrounding the downhole tool (para 0023, lines 1-6); and a pumping system comprising a pump to inject the magnetic-permeability doped fluid into the formation (para 0052, lines 1-9); and
a pressure sensor to measure pressure in the wellbore while the magnetic- permeability doped fluid is injected (para 0027, lines 1-7; acoustic sensors).
With respect to claim 2, Gaston et al. discloses the system of claim 1, wherein the pumping system injects the magnetic- permeability doped fluid into the formation surrounding the downhole tool through a different wellbore than the wellbore where the downhole tool is deployed (para 0029, lines 1-9).
With respect to claim 3, Gaston et al. discloses the system of claim 1, wherein the pumping system produces the magnetic- permeability doped fluid from the formation through a different wellbore than the wellbore where the downhole tool is deployed (para 0033, lines 1-7).
With respect to claim 8, Gaston et al. discloses a system to determine permeability of a geological formation, comprising:
a downhole tool to measure magnetic permeability of the geological formation (para 0039, lines 1-5);
a pump to inject fluid having magnetic particles through a first wellbore into the geological formation (para 0037, lines 1-5); and
a vessel to receive fluid having magnetic particles withdrawn from the formation through a second wellbore (para 0029, lines 1-6).
With respect to claim 9, Gaston et al. discloses the system of claim 8, wherein the second wellbore is the first wellbore (para 0029, lines 1-6).
With respect to claim 10, Gaston et al. discloses the system of claim 8, wherein the downhole tool comprises:
a transmitter comprising coils to emit electromagnetic waveforms into the geological formation (para 0024, lines 1-9);
a receiver comprising coils to receive the electromagnetic waveforms emitted from the transmitter into the geological formation (para 0028, lines 5-8); and
a processor to determine penetration distance of the magnetic particles into the geological formation in a radial direction from a longitudinal axis of the downhole tool as a function of time (para 0024, lines 1-7).
With respect to claim 11, Gaston et al. discloses the system of claim 10, wherein the processor to correlate a time rate of change of magnetic permeability in the radial direction with permeability of the geological formation (para 0029, lines 1-4).
With respect to claim 12, Gaston et al. discloses a method to determine permeability of a geological formation (para 0023, lines 1-6), comprising:
deploying a downhole tool into a wellbore in the geological formation, the downhole tool comprising a transmitter (para 0025, lines 1-5);
injecting magnetic particles into the geological formation (para 0037, lines 1-4); and
measuring, via the downhole tool, magnetic permeability of the geological formation having the magnetic particles as injected (para 0036, lines 1-8).
With respect to claim 13, Gaston et al. discloses the method of claim 12, wherein measuring the magnetic permeability comprises emitting, via the transmitter, electromagnetic waves into the geological formation (para 0030, lines 1-10).
With respect to claim 14, Gaston et al. discloses the method of claim 12, comprising correlating, via a processor, the permeability with the magnetic permeability to determine the permeability of the geological formation (para 0037, lines 1-4).
With respect to claim 15, Gaston et al. discloses the method of claim 12, wherein measuring comprises reducing effect of electrical conductivity of the geological formation on the measuring of the magnetic permeability (para 0005, lines 1-3).
With respect to claim 16, Gaston et al. discloses the method of claim 12, wherein measuring comprises, receiving at a receiver of the downhole tool, electromagnetic waves emitted by the transmitter into the geological formation (para 0037, lines 1-4).
With respect to claim 17, Gaston et al. discloses the method of claim 12, wherein injecting comprises pumping fluid having the magnetic particles into the geological formation (para 0037, lines 1-4).
With respect to claim 18, Gaston et al. discloses the method of claim 12, comprising measuring, via the downhole tool, the magnetic permeability of the geological formation prior to injecting the magnetic particles into the geological formation (para 0037, lines 1-4).
With respect to claim 19, Gaston et al. discloses the method of claim 12, comprising measuring, via the downhole tool, the magnetic permeability of the geological formation prior to injecting the magnetic particles into the geological formation (para 0037, lines 1-4).
With respect to claim 19, Gaston et al. discloses a method to determine permeability of a formation in Earth crust (para 0032, lines 1-4), comprising:
lowering a downhole tool into a wellbore in the formation, the downhole tool comprising a transmitter and a receiver (para 0051, lines 1-9);
injecting magnetic particles through the wellbore into the formation (para 0056, lines 1-5);
withdrawing the magnetic particles from the formation through the wellbore (para 0057, lines 1-3); and
measuring magnetic permeability of the formation via the downhole tool during injecting the magnetic particles and during withdrawing the magnetic particles (para 0049, lines 1-7).
With respect to claim 20, Gaston et al. discloses the method of claim 19, comprising measuring magnetic permeability of the formation via the downhole tool prior to injecting the magnetic particles (para 0007, lines 1-4).
With respect to claim 21, Gaston et al. discloses the method of claim 19, comprising calibrating the downhole tool in-air prior to lowering the downhole tool into the wellbore (para 0051, lines 1-9).
With respect to claim 22, Gaston et al. discloses the method of claim 19, wherein injecting comprises pumping fluid having the magnetic particles from an Earth surface through the wellbore into the formation (para 0024, lines 1-5).
With respect to claim 23, Gaston et al. discloses the method of claim 22, wherein withdrawing comprises receiving the magnetic particles from the formation through the wellbore to a vessel at surface adjacent the wellbore (para 0051, lines 1-9).
With respect to claim 24, Gaston et al. discloses the method of claim 22, wherein withdrawing comprises allowing produced fluid to displace the magnetic particles from the formation (para 0035, lines 1-4).
With respect to claim 25, Gaston et al. discloses the method of claim 22, wherein measuring comprises:
emitting electromagnetic radiation waves from the transmitter into the formation (para 0024, lines 1-7); and
receiving the electromagnetic radiation waves at the receiver (para 0049, lines 1-7).
With respect to claim 26, Gaston et al. discloses the method of claim 19, comprising determining, via a processor, the permeability as a function of the magnetic permeability (para 0005, lines 1-3).
With respect to claim 27, Gaston et al. discloses the method of claim 19, comprising determining, via a processor, the permeability correlative with a profile of the magnetic permeability (para 0005, lines 1-3).
With respect to claim 28, Gaston et al. discloses a downhole tool to be disposed in a wellbore to determine permeability of a geological formation (para 0024, lines 1-7), comprising:
a transmitter to emit electromagnetic radiation waves into the geological formation (para 0005, lines 1-3);
a receiver to sense the electromagnetic radiation waves for the downhole tool to measure magnetic permeability of the geological formation (para 0024, lines 1-7); and
an electronics module comprising a processor and memory storing code executable by the processor to facilitate operation of the downhole tool and to provide data of the measured magnetic permeability for determination of the permeability (para 0049, lines 1-7).
With respect to claim 29, Gaston et al. discloses the downhole tool of claim 28, wherein the electronics module to direct the transmitter to emit the electromagnetic radiation waves (para 0005, lines 1-3) at a specified frequency to reduce effect of electrical conductivity of the geological formation on the measure of the magnetic permeability (para 0024, lines 1-7).
With respect to claim 30, Gaston et al. discloses the downhole tool of claim 28, wherein the electronics module to provide the data to a computer at surface near the wellbore or remote from the wellbore (para 0025, lines 1-5).
With respect to claim 31, Gaston et al. discloses the downhole tool of claim 28, wherein the electronics module to correlate the data with the permeability to determine the permeability of the geological formation (para 0011, lines 1-5).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARHANA AKHTER HOQUE whose telephone number is (571)270-7543. The examiner can normally be reached Monday-Friday, 7:30am-4:00pm.
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/FARHANA A HOQUE/ Primary Examiner, Art Unit 2858