Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Detailed Action
The following non-final action is in response to application 18/560,689 filed on 11/14/2023, and in response to Applicant’s arguments/amendments filed on 03/18/2026. The communication is the first action on the merits.
Status of Claims
Claims 1-2, 8, and 12-24 are currently pending and have been rejected as follows.
Drawings
The drawings filed on 11/14/2023 are accepted.
Domestic Benefit/National Stage
Applicant’s claim to domestic benefit/national stage has been acknowledged and the corresponding documents have been received.
IDS
The IDS has been received, and the documents within it have been considered.
Response to Arguments
Applicant’s election with traverse of claims 1-20 between groups I, II, and III in the reply filed on 03/18/2026 is acknowledged. The traversal is on the grounds that Xie fails to teach or suggest at least the foregoing aspects of amended independent claims 1, 19, and 20. In the Office Action, the Examiner did not cite any portions of Xie as allegedly teaching a determination of "a gas hold-up of the multiphase fluid based at least in part on a type of the multiphase fluid, a dielectric mixing model based on the type of the multiphase fluid" as set forth in amended independent claims 1, 19, and 20.
This is not found persuasive because Xie teaches the amended features (System for measuring multiphase flow of fluid in gas phase, oil phase, and water phase [Abstract]…In some disclosed examples, gas, liquid, oil, and water volumetric flow rates can be determined from the total volumetric flow rate, gas/liquid holdup, and/or the water/liquid ratio [0037]… the flowmeter manager 148 can model the liquid mixture permittivity of an oil-continuous oil-water mixture (e.g., a solution where water is in droplet form or water droplets are suspended in oil, where a.sub.mixture * 0 due to a.sub.oU * 0, etc.) as a function of the WLR based on an appropriate dielectric mixing model as implicitly described below in Equation (16) [0071]… the example flowmeter manager 148 determines a mixture permittivity ( s.sub.mixture ) and/or a mixture conductivity {o.sub.mixture) of the multiphase flow. For example, the processor(s) 1002 may calculate the mixture permittivity ( s.sub.mixture ) and/or the mixture conductivity {o.sub.mixture) of multiphase flow 106 based on the EM cross-pipe transmission amplitude-attenuation (AT) and phase-shift (PS) measured from the EM receivers 140, 144, by using one or more of the examples of the (implicit) mathematical- physical model Equations (8)-(9). The related example oil-water-gas dielectric mixing models are illustrated by the examples of Equations (12), (15) and (19) above [00158]). The restriction requirement is made final.
After consideration of the newly added claims, claims 1-2, 12, and 14-24 will be examined.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-2, 12, and 14-24 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. A subject matter eligibility analysis is set forth below. See MPEP 2106.
Claim 1 recites:
A system comprising:
a conduit;
a water analysis sensor arranged on the conduit that measures at least a property of multiphase fluid in the conduit, wherein the multiphase fluid comprises at least a gaseous phase and a liquid water phase;
at least a pair of microwave antennas, wherein the pair of microwave antennas comprises a first antenna that transmits a signal into the multiphase fluid in the conduit and a second antenna that receives at least a portion of the signal as transmitted into the multiphase fluid in the conduit;
and a processing system that comprises a processor, memory accessible to the processor, and processor-executable instructions stored in the memory and executable by the processor to cause the processing system to:
determine at least a property of the liquid water phase based on output of the water analysis sensor, wherein the at least a property comprises one or more of a water salinity and a water liquid ratio,
determine one or more of a mixture permittivity or a mixture conductivity of the multiphase fluid based on output of the second antenna,
and determine a gas hold-up of the multiphase fluid based at least in part on a type of the multiphase fluid, a dielectric mixing model based on the type of the multiphase fluid, and one or more of the mixture permittivity or the mixture conductivity based on the type of multiphase fluid, wherein the type of the multiphase fluid is one of a plurality of types comprising a water continuous flow and a gas continuous flow.
The bolded language in the claim limitations indicate abstract ideas, and the remaining limitations are considered to be additional elements.
Under Step 1 of the analysis, claim 1 does belong to a statutory category, namely it is a machine claim. Claim 19 is a process claim. Claim 20 is directed to non-statutory subject matter.
Under Step 2A, Prong One: This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04, subsection II, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim.
Under Step 2A, Prong One, the broadest reasonable interpretation consistent with the specification of the limitations recited in Claim 1 recite at least one judicial exception, that being a mathematical concept (mathematical calculations/ relationships/ formulas/ or equations).
According to the specification, “determining at least a property of the liquid water phase based on output of the water analysis sensor” involves a fluid model and mathematical calculations to determine the properties. For example, the water conductivity σ.sub.water (and salinity s) and water permittivity ε.sub.water can be determined from this ratio σ.sub.mix,wc/ε.sub.mix,wc and from the measured fluid temperature (7) and pressure (φ, by using an extended (NaCl) brine dielectric model. Hence, consider the following equation [00022, 0102]).
According to the specification, “determining one or more of a mixture permittivity or a mixture conductivity of the multiphase fluid based on output of the second antenna” involves a fluid model and mathematical calculations to determine the properties. For example, the mixture permittivity (ε.sub.mix,wc) and mixture conductivity (σ.sub.mix,wc) can be related to the measured transmission (AT, PS) data (from one or more receivers, and at one or more transmission frequencies), as described in Equations (8a), (8b), (9a) and (9b). The GHU is determined from Equation (17) or (18) [0101]).
According to the specification, “determining a gas hold-up of the multiphase fluid based at least in part on a type of the multiphase fluid, a dielectric mixing model based on the type of the multiphase fluid, and one or more of the mixture permittivity or the mixture conductivity based on the type of multiphase fluid” involves a fluid model and mathematical calculations to determine a gas-hold up. For example, the mixture permittivity may be calculated from a dielectric mixing model, for instance from a Ramu-Rao dielectric mixing model, complex refractive index method (CRIM) or any other appropriate mixing model [0051]… the gas holdup (GHU) may be derived from the bulk mixture permittivity ε.sub.mix,bulk (e.g. determined from the resonance-peak frequency) and the WLR (e.g., determined by the water analysis sensor, e.g. a reflection probe), for example, from the CRIM-like dielectric-mixing equation [00002, 0052]).
Thus, these limitations fall into the category of mathematical concept.
Claims 19-20 recite similar abstract ideas.
Step 2A, Prong Two of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception(s) into a practical application of the exception. This evaluation is performed by (a) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (b) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. 2019 PEG Section III(A)(2), 84 Fed. Reg. at 54-55.
The additional elements in the preambles of all independent claims are recited in generality and represent insignificant extra-solution activity (field-of-use limitations) that is not meaningful to indicate a practical application.
Claim 1 recites the following additional elements:
a conduit;
a water analysis sensor arranged on the conduit that measures at least a property of multiphase fluid in the conduit, wherein the multiphase fluid comprises at least a gaseous phase and a liquid water phase;
at least a pair of microwave antennas, wherein the pair of microwave antennas comprises a first antenna that transmits a signal into the multiphase fluid in the conduit and a second antenna that receives at least a portion of the signal as transmitted into the multiphase fluid in the conduit;
Claim 19 recites similar additional elements as well as:
receiving flowing multiphase fluid in a conduit;
acquiring measurements with respective sensors relative to one or more properties of the multiphase fluid, wherein the sensors comprise at least a water analysis sensor and a pair of microwave antennas wherein the pair of microwave antennas comprises a first antenna for transmitting a signal and a second antenna for receiving at least a portion of the signal;
Claim 20 recites similar limitations.
These claim limitations generically recite collecting/outputting by sensors/devices measurement data (all independent claims), which represents the insignificant extra-solution activity of mere data gathering/outputting results. According to the October update on 2019 SME Guidance such steps are “performed in order to gather data for the mental analysis step, and is a necessary precursor for all uses of the recited exception. It is thus extra-solution activity, and does not integrate the judicial exception into a practical application”.
Claim 1 also recites the additional elements:
“a processing system that comprises a processor, memory accessible to the processor, and processor-executable instructions stored in the memory and executable by the processor to cause the processing system to:”
Claim 20 recites similar additional elements as well as:
“One or more computer-readable storage media comprising processor- executable instructions executable by a processor to instruct a system to:”
These additional elements are computer components recited in generality and are not meaningful and, therefore, are not qualified as particular machines to indicate a practical application.
Under Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. When re-evaluated under Step 2B, the claim limitations are found to be well-understood, routine, and conventional as explained by MPEP 2106.05(d)(II) (describing conventional activities that include transmitting and receiving data over a communication network) as referenced by Xie and Xie ‘609.
Therefore, the combination and arrangement of the above identified additional elements when analyzed under Step 2B also fails to necessitate a conclusion that claims 1, 19 and 20 amount to significantly more than the abstract idea.
With regards to dependent claims 2, 12, 14-18, and 21-24 they provide additional features/steps which are part of an expanded abstract idea of the independent claims (additionally comprising abstract idea steps) and, therefore, these claims are not eligible without meaningful additional elements that reflect a practical application and/or additional elements that qualify for significantly more for substantially similar reasons as discussed with regards to Claim 1.
For example, claims 16-17 and 21-24 further limit the abstract ideas recited in claim 1.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because the claims are directed to ineligible signals per se. The claim recites “computer-readable storage media” and the original disclosure does not provide a clear, deliberate and sufficient definition to exclude signals per se. Instead, the disclosure describes that “the memory 118 can be a memory device that is a physical device that is non-transitory and not a carrier wave [0027]”, and therefore, under the broadest reasonable interpretation, “computer- readable storage media" as recited in the claim covers transitory signals (see MPEP 2106.03(I): “Non-limiting examples of claims that are not directed to any of the statutory categories include: Transitory forms of signal transmission (often referred to as "signals per se"), such as a propagating electrical or electromagnetic signal or carrier wave”).
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.
Claims 1-2, 12, 14, 19, and 20-22 are rejected under 35 U.S.C. 102 as being anticipated by Xie (WO 2020018822 A1).
Regarding claim 1, Xie teaches a conduit; (Fig. 1A, element 127) a water analysis sensor arranged on the conduit (Fig. 1A, elements 102 and 104) that measures at least a property of multiphase fluid in the conduit (measures a velocity of the multiphase flow [0044]), wherein the multiphase fluid comprises at least a gaseous phase and a liquid water phase (gas-liquid three-phase flows [0035]);
at least a pair of microwave antennas (microwave cross-pipe transmission antennas [Fig. 1A, elements 138, 140, 142, 144, 202, and 204]), wherein the pair of microwave antennas comprises a first antenna that transmits a signal into the multiphase fluid in the conduit and a second antenna that receives at least a portion of the signal as transmitted into the multiphase fluid in the conduit; (a first signal associated with the transmitted microwave and a second signal associated with the reflected microwave [0010]… In the illustrated example of FIG. 1A, the first multiphase flowmeter 100 includes a first radio-frequency (RF) electromagnetic (EM) transmission system 136 (e.g., a microwave EM transmission system, etc.) to measure a permittivity, a conductivity, etc., of the multiphase flow 106. The first example RF EM transmission system 136 of FIG. 1A is a microwave transmission system (e.g., a drift-immune microwave transmission system). For example, the first RF EM transmission system 136 of FIG. 1A may be used to determine a mixture conductivity, a mixture permittivity, etc., which are immune to a gain drift or a thermal drift in measurement electronics within an example flowmeter manager 148 connected to the antennas 138, 140, 142, 144. The first example RF EM transmission system 136 of FIG. 1A includes a first EM transmitter 138 (Ti), a first EM receiver (Ri) 140, a second EM transmitter 142 (T2), and a second EM receiver 144 (R2). The EM transmitters 138, 142 and the EM receivers 140, 144 of FIG. 1A are RF/microwave-based magnetic-dipole antennas to measure cross-pipe and near cross- pipe transmission amplitude attenuations and phase shifts to derive permittivity and conductivity of the multiphase flow 106, which can be used to determine water-to-liquid ratio (WLR), water conductivity, and water salinity or water density of the multiphase flow 106 [0048]);
and a processing system that comprises a processor (Fig. 1A, element 148 and Fig. 10) memory accessible to the processor (Fig. 13, elements 1314, 1328, 1316, and 1312), and processor-executable instructions (Fig. 13, element 1332) stored in the memory (para. 00181) and executable by the processor to cause the processing system to: (FIG. 13 is a block diagram of an example processor platform 1300 structured to execute the instructions of FIGS. 11-12 to implement the flowmeter manager 148 of FIGS. 1A-10 [00173]);
determine at least a property of the liquid water phase based on output of the water analysis sensor, (FIG. 11 is a flowchart representative of an example method 1 100 that may be performed by the example flowmeter manager 148 of FIGS. 1A, 2A, 3-7A, 8A and 9A to determine one or more properties such as the mixture velocity, the mixture density, or the volumetric flow rates of the multiphase flow 106 of FIGS. 1A-9A using the differential pressure (DR) measured across a mixer by a differential pressure transmitter 132 of FIG. 1A, the Doppler probes 102, 104 of FIG. 1A and an EM transmission system such as the first EM transmission system 136 of FIG. 1A-1 B. The example method 1 100 begins at block 1 102 at which the example flowmeter manager 148 selects one or more frequencies of interest. For example, the processor(s) 1002 of FIG. 10 may be communicatively coupled to the first multiphase flowmeter 100 of FIG. 1A. In such an example, the processor(s) 1002 may select a first microwave or ultrasonic frequency to excite one or more of the Doppler probes 102, 104 of FIG. 1A and/or select a first EM wave frequency to excite one or more of the EM transmitters 138, 142 of FIG. 1 A [00154]) wherein the at least a property comprises one or more of a water salinity and a water liquid ratio, (The EM transmitters 138, 142 and the EM receivers 140, 144 of FIG. 1A are RF/microwave-based magnetic-dipole antennas to measure cross-pipe and near cross- pipe transmission amplitude attenuations and phase shifts to derive permittivity and conductivity of the multiphase flow 106, which can be used to determine water-to-liquid ratio (WLR), water conductivity, and water salinity or water density of the multiphase flow 106 [0048]); determine one or more of a mixture permittivity or a mixture conductivity of the multiphase fluid based on output of the second antenna, (…the example flowmeter manager 148 determines a mixture permittivity ( s.sub.mixture ) and/or a mixture conductivity {o.sub.mixture) of the multiphase flow. For example, the processor(s) 1002 may calculate the mixture permittivity ( s.sub.mixture ) and/or the mixture conductivity {o.sub.mixture) of multiphase flow 106 based on the EM cross-pipe transmission amplitude-attenuation (AT) and phase-shift (PS) measured from the EM receivers 140, 144, by using one or more of the examples of the (implicit) mathematical- physical model Equations (8)-(9). The related example oil-water-gas dielectric mixing models are illustrated by the examples of Equations (12), (15) and (19) above [00158]);
and determine a gas hold-up of the multiphase fluid based at least in part on a type of the multiphase fluid, a dielectric mixing model based on the type of the multiphase fluid, and one or more of the mixture permittivity or the mixture conductivity based on the type of multiphase fluid, wherein the type of the multiphase fluid is one of a plurality of types comprising a water continuous flow and a gas continuous flow (The related example oil-water-gas dielectric mixing models are illustrated by the examples of Equations (12), (15) and (19) above [00158]…
the example flowmeter manager 148 determines the water/liquid ratio (WLR) and the liquid holdup of the mixed multiphase flow. For example, the processor(s) 1002 may calculate the WLR and the liquid holdup (a.sub.Uquid) corresponding to the multiphase flow 106 based on the EM cross-pipe transmission measurement system determined mixture permittivity ( s.sub.mixture ) and/or the mixture conductivity {o.sub.mixture) determined at block 1 1 10, and the mixture density ( p xture ) determined at block 1 108. For example, the processor(s) 1002 may calculate the WLR and the liquid holdup by using one or more of the examples of Equations (5)-(7) and (20)- (22) above. The ratio of the mixture conductivity {o.sub.mixture) to mixture permittivity ( s.sub.mixture ) can yield determination of the water conductivity a.sub.bater (and salinity), leading to salinity- independent WLR and liquid holdup determination [00159]… the example flowmeter manager 148 determines volumetric flow rate(s) of the multiphase flow. For example, the processor(s) 1002 may use the mixture velocity ( u.sub.mixture ) determined at block 1 108, and the WLR and liquid holdup ( .sub.Uquid) determined at block 1 1 12, to calculate the total volumetric flow rate ( Q.sub.totai ), the gas volumetric flow rate ( Q.sub.gas ), the liquid volumetric flow rate ( Qii.sub.quid ), the water volumetric flow rate ( Q.sub.water ), and/or the oil volumetric flow rate ( Q.sub.oU ) by using one or more of the examples of Equations (23a)-(23e) as described above [00160]… Gas, liquid, water, and oil volumetric flow rates can be derived from the total volumetric flow rate, gas/liquid holdup, and the WLR [00184]).
Regarding claim 2, Xie teaches wherein the gas hold-up is determined based at least in part on the at least a property of the liquid water phase and one or more of the mixture permittivity or the mixture conductivity (…the example flowmeter manager 148 determines the water/liquid ratio (WLR) and the liquid holdup of the mixed multiphase flow. For example, the processor(s) 1002 may calculate the WLR and the liquid holdup (a.sub.Uquid) corresponding to the multiphase flow 106 based on the EM cross-pipe transmission measurement system determined mixture permittivity (s.sub.mixture ) and/or the mixture conductivity {o.sub.mixture) determined at block 1 1 10, and the mixture density ( p xture ) determined at block 1 108. For example, the processor(s) 1002 may calculate the WLR and the liquid holdup by using one or more of the examples of Equations (5)-(7) and (20)- (22) above. The ratio of the mixture conductivity {o.sub.mixture) to mixture permittivity ( s.sub.mixture ) can yield determination of the water conductivity a.sub.bater (and salinity), leading to salinity- independent WLR and liquid holdup determination [00159]… the example flowmeter manager 148 determines volumetric flow rate(s) of the multiphase flow. For example, the processor(s) 1002 may use the mixture velocity ( u.sub.mixture ) determined at block 1 108, and the WLR and liquid holdup ( .sub.Uquid) determined at block 1 1 12, to calculate the total volumetric flow rate ( Q.sub.totai ), the gas volumetric flow rate ( Q.sub.gas ), the liquid volumetric flow rate ( Qii.sub.quid ), the water volumetric flow rate ( Q.sub.water ), and/or the oil volumetric flow rate ( Q.sub.oU ) by using one or more of the examples of Equations (23a)-(23e) as described above [00160]… Gas, liquid, water, and oil volumetric flow rates can be derived from the total volumetric flow rate, gas/liquid holdup, and the WLR [00184]).
Regarding claim 12, Xie teaches wherein the multiphase fluid is a three-phase fluid (gas-liquid three-phase flows [0035]) that comprises the liquid water phase, the gaseous phase and a liquid oil phase, (a flow of fluid including oil, gas, and water is considered a three-phase flow [0033]) wherein the type of the multiphase fluid is one of the plurality of types comprising the water continuous flow, the gas continuous flow, and an oil continuous flow, (the example flowmeter manager 148 can generate the…continuous 3-phase mixture...corresponding to the multiphase flow [0071]) wherein the processing system is configured to determine the gas hold-up for the water continuous flow using a water continuous dielectric mixing model as the dielectric mixing model, wherein the processing system is configured to determine the gas hold-up for the gas continuous flow using a gas continuous dielectric mixing model as the dielectric mixing model, and wherein the processing system is configured to determine the gas hold-up for the oil continuous flow using an oil continuous dielectric mixing model as the dielectric mixing model (The related example oil-water-gas dielectric mixing models are illustrated by the examples of Equations (12), (15) and (19) above [00158]…
the example flowmeter manager 148 determines the water/liquid ratio (WLR) and the liquid holdup of the mixed multiphase flow. For example, the processor(s) 1002 may calculate the WLR and the liquid holdup (a.sub.Uquid) corresponding to the multiphase flow 106 based on the EM cross-pipe transmission measurement system determined mixture permittivity ( s.sub.mixture ) and/or the mixture conductivity {o.sub.mixture) determined at block 1 1 10, and the mixture density ( p xture ) determined at block 1 108. For example, the processor(s) 1002 may calculate the WLR and the liquid holdup by using one or more of the examples of Equations (5)-(7) and (20)- (22) above. The ratio of the mixture conductivity {o.sub.mixture) to mixture permittivity ( s.sub.mixture ) can yield determination of the water conductivity a.sub.bater (and salinity), leading to salinity- independent WLR and liquid holdup determination [00159]… the example flowmeter manager 148 determines volumetric flow rate(s) of the multiphase flow. For example, the processor(s) 1002 may use the mixture velocity ( u.sub.mixture ) determined at block 1 108, and the WLR and liquid holdup ( .sub.Uquid) determined at block 1 1 12, to calculate the total volumetric flow rate ( Q.sub.totai ), the gas volumetric flow rate ( Q.sub.gas ), the liquid volumetric flow rate ( Qii.sub.quid ), the water volumetric flow rate ( Q.sub.water ), and/or the oil volumetric flow rate ( Q.sub.oU ) by using one or more of the examples of Equations (23a)-(23e) as described above [00160]… Gas, liquid, water, and oil volumetric flow rates can be derived from the total volumetric flow rate, gas/liquid holdup, and the WLR [00184]).
Regarding claim 14, Xie teaches wherein the processing system comprises processor-executable instructions stored in the memory and executable by the processor to cause the processing system to determine at least the water liquid ratio based at least in part on the output of the water analysis sensor according to the claim 1 analysis.
Regarding claim 19, Xie teaches the claim limitations recited according to the claim 1 analysis.
Regarding claim 20, Xie teaches one or more computer-readable storage media (a non-transitory computer readable storage device [00150, Fig. 13]) as well as the remaining claim limitations recited in this claim according to the claim 1 analysis.
Regarding claim 21, Xie teaches wherein the gas hold up for the water continuous flow is a function of at least a water permittivity and a water continuous mixture permittivity, and wherein the gas hold up for the gas continuous flow is a function of at least a gas permittivity and a gas continuous mixture permittivity (Equation (11 ) where h.sub.w is a multiplying factor which is a function of the liquid holdup (a.sub.Uquid). In some examples, the flowmeter manager 148 combines Equations (10) and (11 ) above to generate a 3-phase permittivity-mixing model (e.g., a model implied by Equation (8) above) as described below in Equation (12) [0067]… and the example flowmeter manager 148 can generate the well-mixed oil- continuous 3-phase mixture permittivity corresponding to the multiphase flow 106 of FIG. 1A as described below in Equations (18) and (19) [0071]… where the example flowmeter manager 148 calculates a first permittivity [0085]… the flowmeter manager 148 calculates a second permittivity [0086]… the flowmeter manager 148…calculates mixture permittivity, mixture conductivity (see Equation (38) below), and brine conductivity or salinity; brine conductivity or salinity is derived based on the calculated mixture permittivity [0087]… and in FIG. 7 A, the flowmeter manager 148 correlates (i) one or both of the mixture permittivity ( s.sub.mixture ) [00120]);
(The related example oil-water-gas dielectric mixing models are illustrated by the examples of Equations (12), (15) and (19) above [00158]…the example flowmeter manager 148 determines the water/liquid ratio (WLR) and the liquid holdup of the mixed multiphase flow. For example, the processor(s) 1002 may calculate the WLR and the liquid holdup (a.sub.Uquid) corresponding to the multiphase flow 106 based on the EM cross-pipe transmission measurement system determined mixture permittivity ( s.sub.mixture ) and/or the mixture conductivity {o.sub.mixture) determined at block 1 1 10, and the mixture density ( p xture ) determined at block 1 108. For example, the processor(s) 1002 may calculate the WLR and the liquid holdup by using one or more of the examples of Equations (5)-(7) and (20)- (22) above. The ratio of the mixture conductivity {o.sub.mixture) to mixture permittivity ( s.sub.mixture ) can yield determination of the water conductivity a.sub.bater (and salinity), leading to salinity- independent WLR and liquid holdup determination [00159]);
(The example flowmeter manager 148 determines volumetric flow rate(s) of the multiphase flow. For example, the processor(s) 1002 may use the mixture velocity ( u.sub.mixture ) determined at block 1 108, and the WLR and liquid holdup ( .sub.Uquid) determined at block 1 1 12, to calculate the total volumetric flow rate ( Q.sub.totai ), the gas volumetric flow rate ( Q.sub.gas ), the liquid volumetric flow rate ( Qii.sub.quid ), the water volumetric flow rate ( Q.sub.water ), and/or the oil volumetric flow rate ( Q.sub.oU ) by using one or more of the examples of Equations (23a)-(23e) as described above [00160]… Gas, liquid, water, and oil volumetric flow rates can be derived from the total volumetric flow rate, gas/liquid holdup, and the WLR [00184]).
Regarding claim 22, Xie teaches wherein the type of the multiphase fluid is one of the plurality of types comprising the water continuous flow, the gas continuous flow, and an oil continuous flow, and wherein the gas hold up for the oil continuous flow is a function of at least an oil permittivity and an oil continuous mixture permittivity (Equation (11 ) where h.sub.w is a multiplying factor which is a function of the liquid holdup (a.sub.Uquid). In some examples, the flowmeter manager 148 combines Equations (10) and (11 ) above to generate a 3-phase permittivity-mixing model (e.g., a model implied by Equation (8) above) as described below in Equation (12) [0067]… and the example flowmeter manager 148 can generate the well-mixed oil- continuous 3-phase mixture permittivity corresponding to the multiphase flow 106 of FIG. 1A as described below in Equations (18) and (19) [0071]… where the example flowmeter manager 148 calculates a first permittivity [0085]… the flowmeter manager 148 calculates a second permittivity [0086]… the flowmeter manager 148…calculates mixture permittivity, mixture conductivity (see Equation (38) below), and brine conductivity or salinity; brine conductivity or salinity is derived based on the calculated mixture permittivity [0087]… and in FIG. 7 A, the flowmeter manager 148 correlates (i) one or both of the mixture permittivity ( s.sub.mixture ) [00120]);
(The related example oil-water-gas dielectric mixing models are illustrated by the examples of Equations (12), (15) and (19) above [00158]…the example flowmeter manager 148 determines the water/liquid ratio (WLR) and the liquid holdup of the mixed multiphase flow. For example, the processor(s) 1002 may calculate the WLR and the liquid holdup (a.sub.Uquid) corresponding to the multiphase flow 106 based on the EM cross-pipe transmission measurement system determined mixture permittivity ( s.sub.mixture ) and/or the mixture conductivity {o.sub.mixture) determined at block 1 1 10, and the mixture density ( p xture ) determined at block 1 108. For example, the processor(s) 1002 may calculate the WLR and the liquid holdup by using one or more of the examples of Equations (5)-(7) and (20)- (22) above. The ratio of the mixture conductivity {o.sub.mixture) to mixture permittivity ( s.sub.mixture ) can yield determination of the water conductivity a.sub.bater (and salinity), leading to salinity- independent WLR and liquid holdup determination [00159]);
(The example flowmeter manager 148 determines volumetric flow rate(s) of the multiphase flow. For example, the processor(s) 1002 may use the mixture velocity ( u.sub.mixture ) determined at block 1 108, and the WLR and liquid holdup ( .sub.Uquid) determined at block 1 1 12, to calculate the total volumetric flow rate ( Q.sub.totai ), the gas volumetric flow rate ( Q.sub.gas ), the liquid volumetric flow rate ( Qii.sub.quid ), the water volumetric flow rate ( Q.sub.water ), and/or the oil volumetric flow rate ( Q.sub.oU ) by using one or more of the examples of Equations (23a)-(23e) as described above [00160]… Gas, liquid, water, and oil volumetric flow rates can be derived from the total volumetric flow rate, gas/liquid holdup, and the WLR [00184]).
Claim Rejections - 35 USC § 103
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 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 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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Xie in view of Xie (US 20080295609 A1) (hereinafter “Xie ‘609”).
Regarding claim 15, Xie teaches wherein, determining a gas hold-up for types of flows, the processing system comprises processor- executable instructions stored in the memory and executable by the processor to cause the processing system to: (according to the claim 1 analysis);
determine a liquid mixture permittivity based on one or more of the oil continuous dielectric mixing model and the water continuous dielectric mixing model using the water liquid ratio; (The related example oil-water-gas dielectric mixing models are illustrated by the examples of Equations (12), (15) and (19) above [00158]…the example flowmeter manager 148 determines the water/liquid ratio (WLR) and the liquid holdup of the mixed multiphase flow. For example, the processor(s) 1002
may calculate the WLR and the liquid holdup (a.sub.Uquid) corresponding to the multiphase flow 106 based on the EM cross-pipe transmission measurement system determined mixture permittivity ( s.sub.mixture ) and/or the mixture conductivity {o.sub.mixture) determined at block 1 1 10, and the mixture density ( p xture ) determined at block 1 108. For example, the processor(s) 1002 may calculate the WLR and the liquid holdup by using one or more of the examples of Equations (5)-(7) and (20)- (22) above. The ratio of the mixture conductivity {o.sub.mixture) to mixture permittivity ( s.sub.mixture ) can yield determination of the water conductivity a.sub.bater (and salinity), leading to salinity- independent WLR and liquid holdup determination [00159]);
and determine the gas hold-up based on the gas continuous dielectric mixing model using the liquid mixture permittivity and a mist flow mixture permittivity (the example flowmeter manager 148 determines volumetric flow rate(s) of the multiphase flow. For example, the processor(s) 1002 may use the mixture velocity (u.sub.mixture ) determined at block 1 108, and the WLR and liquid holdup ( .sub.Uquid) determined at block 1 1 12, to calculate the total volumetric flow rate ( Q.sub.totai ), the gas volumetric flow rate ( Q.sub.gas ), the liquid volumetric flow rate ( Qii.sub.quid ), the water volumetric flow rate ( Q.sub.water ), and/or the oil volumetric flow rate ( Q.sub.oU) by using one or more of the examples of Equations (23a)-(23e) as described above [00160]… Gas, liquid, water, and oil volumetric flow rates can be derived from the total volumetric flow rate, gas/liquid holdup, and the WLR [00184]).
Xie does not explicitly teach a mist flow.
However, Xie ‘609 teaches a mist flow (a multiphase mixture comprising a wet-gas produced from a wet-gas well… may be mainly annular-mist or mist, where annular-mist flow comprises a portion of the liquid phase flowing along an inner-surface of the conduit while the remaining portion of the liquid phase is entrained in the gas flowing at the core of the pipe and a mist flow comprises essentially all of the liquid phase being entrained in the gas flowing in the pipe [0016]…where the flowing multiphase mixture comprises a wet-gas mixture, the wet-gas mixture may comprise an annular-mist or mist-flow regime as it flows through the pipe section [0021]).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify Xie with the teachings of Xie ‘609 to determine the gas hold-up when the type of flow is determined to be a mist flow to more accurately calculate mixture density, pressure drops, and phase velocities because, despite high gas velocities, liquid droplets can still travel slower than the gas (slip), causing the in-situ liquid volume to differ significantly from the input flow rate (liquid cut).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Xie in view of Xie (WO 2015142610 A1) (hereinafter “Xie ‘610”).
Regarding claim 16, Xie teaches the dielectric mixing model, but fails to teach wherein this model is a Ramu-Rao or Maxwell-Garnett dielectric mixing model.
Xie ‘610 teaches using a Ramu-Rao or Maxwell-Garnett dielectric mixing model (The mixture permittivity £.sub.m or mixture conductivity o.sub.m calculated, for example, from Equation (8) or (108) respectively, or obtained from mixture complex-conductivity o.sup.*.sub.m from Equation (208), from one or more pair of sensors (electrodes and/or coils), can be used with dielectric mixing models to derive the phase fractions of the constituents of a mixture [00105]…where a large number of theoretical models for effective physical properties of complex multiphase materials have been proposed… For instance, a generalized form of the Maxwell-Garnett effective-medium- approximation (EMA) formula may be used to calculate mixture permittivity e.sub.m of a multiphase mixture [00106]).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify Xie with the teachings of Xie ‘610 to use a dielectric mixing model in the form of a Ramu-Rao or Maxwell-Garnett dielectric mixing model to lower computational cost and more effectively bridge the gap between microscopic constituent properties (e.g., individual dielectric constants of oil, water, and gas) and the macroscopic, effective dielectric constant of the entire mixture, thus resulting in a more accurate identification of properties of a multiphase fluid.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Xie in view of Toussaint (WO 2020206368 A1).
Regarding claim 18, Xie teaches wherein the multiphase fluid is a two-phase fluid (a two-phase flow [0035]) that comprises the liquid water phase (water phase [00187]) and wherein the processing system comprises processor-executable instructions stored in the memory and executable by the processor to cause the processing system to determine the gas hold-up of the multiphase fluid based at least in part on the mixture permittivity or the mixture conductivity and on the water salinity (The processor(s) 1002 may calculate the WLR and the liquid holdup (a.sub.Uquid) corresponding to the multiphase flow 106 based on the EM cross-pipe transmission measurement system determined mixture permittivity ( s.sub.mixture ) and/or the mixture conductivity {o.sub.mixture) determined at block 1 1 10, and the mixture density ( p xture ) determined at block 1 108. For example, the processor(s) 1002 may calculate the WLR and the liquid holdup by using one or more of the examples of Equations (5)-(7) and (20)- (22) above. The ratio of the mixture conductivity {o.sub.mixture) to mixture permittivity ( s.sub.mixture ) can yield determination of the water conductivity a.sub.bater (and salinity), leading to salinity- independent WLR and liquid holdup determination [00159]… the example flowmeter manager 148 determines volumetric flow rate(s) of the multiphase flow. For example, the processor(s) 1002 may use the mixture velocity ( u.sub.mixture ) determined at block 1 108, and the WLR and liquid holdup ( .sub.Uquid) determined at block 1 1 12, to calculate the total volumetric flow rate ( Q.sub.totai ), the gas volumetric flow rate ( Q.sub.gas ), the liquid volumetric flow rate ( Qii.sub.quid ), the water volumetric flow rate ( Q.sub.water ), and/or the oil volumetric flow rate ( Q.sub.oU ) by using one or more of the examples of Equations (23a)-(23e) as described above [00160]… Gas, liquid, water, and oil volumetric flow rates can be derived from the total volumetric flow rate, gas/liquid holdup, and the WLR [00184]).
Xie does not explicitly teach a steam phase as the gaseous phase.
Toussaint teaches a steam phase as the gaseous phase in a method for controlling the production of a multiphase fluid (FIG. 1 illustrates an example system 100 for measuring properties of a multiphase production fluid including a water vapor (steam) phase and at least a second liquid water phase flowing through fluid conduit 102 (e.g., a pipe) [0037]).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify Xie with the teachings of Toussaint to analyze a multiphase fluid that is a two-phase fluid comprising of a steam phase as the gaseous phase to determine the gas hold-up of the multiphase fluid based at least in part on the mixture permittivity or the mixture conductivity and on the water salinity to more accurately determine gas hold-up as there are drastic differences in dielectric properties between phases and the high sensitivity of these measurements to changes in salinity, especially in water-continuous flows, is important for accurately determining gas hold-up.
Reasons for Overcoming the Prior Art
Regarding the prior art, none of the prior art of record, taken individually or in combination, teach or reasonably suggest the combination of elements in claims 17 and 23-24.
Specifically, regarding claim 17, although the prior art describes determining the liquid mixture permittivity based on the water continuous dielectric mixing model for the water liquid ratio satisfying one or more thresholds and determining the liquid mixture permittivity based on the oil continuous dielectric mixing model for the water liquid ratio satisfying one or more thresholds as well as determining the liquid mixture permittivity based on a combination of a first liquid mixture permittivity determined based on the oil continuous dielectric mixing model and a second liquid mixture permittivity based on the water continuous dielectric mixing model, the prior art fails to anticipate or render obvious determining the liquid mixture permittivity…for the water liquid ratio over a first threshold, determining the liquid mixture permittivity…for the water liquid ratio under a second threshold, and also determining the liquid mixture permittivity… based on the water continuous dielectric mixing model when the water liquid ratio is between the first and second threshold in combination with all the other elements in the claims.
Regarding claim 23, although the prior art describes a fluid flow of the multiphase fluid being the water continuous flow and determining a gas hold-up, the prior art fails to anticipate or render obvious calculating the gas hold-up using the equation specifically recited in the claim.
Regarding claim 24, although the prior art describes the multiphase fluid being the gas continuous flow and determining a gas hold-up, the prior art fails to anticipate or render obvious calculating the gas hold-up using the equation specifically recited in the claim.
Conclusion
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/LOGAN D COONS/Examiner, Art Unit 2857
/ALEXANDER SATANOVSKY/Primary Examiner, Art Unit 2857
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