DETAILED 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 .
Response to Arguments
Applicant's arguments filed 27 February 2026 have been fully considered but they are not persuasive.
Regarding rejections under 112(b):
Applicants argue the limitations directed to the process variable data being associated with pressures associated with pressures of the wellbore is further definitive.
However, the limitation(s) were previously presented and falls within the purview of the 112(b) rejection(s) in the non-final rejection dated 1 December 2025 wherein an association of a wellbore pressure does not define a specific association nor any aspects of a wellbore from which pressure may be received and/or considered.
Applicants argue the limitations directed to the manipulated variable data being associated with the fracturing spread utilized to complete fracturing operations is further definitive.
However, the limitation(s) were previously presented and falls within the purview of the 112(b) rejection(s) in the non-final rejection dated 1 December 2025 wherein the metes and bounds of “fracturing spread” is indiscernible with regards to the fracturing equipment included in the “spread” including equipment type, uses, power consumption, adjustability, etc.
Regarding rejections under 101:
Applicants argue the limitation(s) directed to "controlling the fracturing spread comprising the plurality of fracturing equipment utilized in the fracturing process to maintain the targeted pressure setpoint based on the determined second value of the first manipulated variable and complete fracturing operations of the well" constitutes a practical application that cannot be considered a mental process nor implemented via human activity using pen and paper.
However, the claimed target pressure setpoint is predicated on a “reference target point” in a controller based on a model which is considered at least to be based on a human activity of programming or adjusting a controller to ultimately control an indefinite fracturing spread to complete an indefinite fracturing operation which inclusively may be the conceptional operations to abandonment procedures of a wellbore; notwithstanding the correlation of an arbitrary “reference target point” to a targeted pressure setpoint via data manipulation. The claims do not present a practical application for the agglomeration of equipment and data beyond the capability of an individual’s pen and paper or key strokes.
Regarding rejections under 102(a)(1)
Applicants argue the prior art rejection includes omitted and unaddressed limitations, specifically deriving a relationship between the manipulated variable data and process variable data; and the various usage of the recited relationships.
The rejection is as best understood by the Examiner wherein the datum is not related to specific fracturing equipment, the process variable and manipulated variable (first, second) data constitutes adjectives associated with received measurements alone. The prior art discloses all discernible limitations of the claims.
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.
Claims 1-20 are 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.
Regarding independent claims 1, 15 and 20 the indefinite limitations follow below.
The limitation directed to process variable data is ill-defined.
As best gleaned from the disclosure the process variable data is associated with a state of condition of a fracturing stages or operations, treatment pressure ([0018], [0041]), wellhead pressure, downhole pressure, hydraulic horsepower used, electrical power used, density of the slurry, viscosity of the slurry, treating pressure time-derivative or a linear combination of treating pressure and downhole pressure ([0043]) and at least measurements of total power ([0048]). The breath of data categorized as being within the definition of process variable data is indiscernible for further collaborative or cooperative relationships to the further limitations identified below.
The limitation directed to the manipulated variable data is ill-defined.
As best gleaned from the disclosure the manipulated variable data may be a physical property or parameter of fracturing equipment, a slurry flow rate ([0018], [0048], [0070]), available power ([0075]), pump rate, slurry rate, proppant concentration and liquid additive concentration ([0115]).
Although claimed as being dependent on the process variable data, the breath of data categorized as being within the definition of manipulated variable data is indiscernible for further collaborative or cooperative relationships to the further limitations identified below.
The limitation directed to the fracturing spread is ill-defined.
As best gleaned from the disclosure the fracturing spread utilized in fracturing operations encompasses fracturing equipment, fracturing pumps, fracturing blenders, fracturing sand equipment, and/or chemical delivery units ([0044]).
Although claimed as being utilized with the manipulated and process variable data, the collaborative or cooperative relationship among the three is unclear with regard to the plurality of fracturing equipment.
The limitation directed to the reference target point and targeted pressure set point used to control a fracturing spread for the pressure set point of an afore mentioned process variable including the afore mentioned manipulated variable to control the afore mentioned fracturing spread is indiscernible regarding the plurality of equipment identified as part of the "fracturing spread" having a plurality of diesel and electrically powered devices ([0028]) for the claimed result.
The limitations directed to controlling a "fracturing spread" is unclear as to which of or any of the equipment under the purview is being controlled electrically, diesel engine powered or otherwise to achieve a pressure set point in relation to the plurality of ill-defined associations of the manipulated and process variable datum in respective agglomerations.
The dependent claims are likewise rejected.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea inclusive within a system, process and/or method without significantly more.
The claims recite generating manipulated variable and process variable datum pertaining to abstract ideas in conjunction with the additional elements of a generic controller and/or fracturing spread or equipment. This judicial exception is not integrated into a practical application because the use of the abstract ideas and generic equipment does not result in any transformative result based on a claimed formation response with the use of the abstract ideas and additional elements. The claims do not require application nor extra solution activity for a practical use. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because merely acquiring data associated with generic equipment to no avail nor integrated into a practical application is considered a mental process and merely implemented via human activity using pen and paper.
The additional elements of the data processing system and communications controllers do not meaningfully limit the abstract idea and they merely link the use of the abstract idea to a particular technological environment.
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, 15 and 20, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson, U.S. 10,711,604.
Johnson discloses receiving pressure measurements or process variable data of a wellbore (fig 14, 1404) associated with fracturing (fi4 14, 1402) operations on or in a well manipulating variable data (fig 14, 1406, 1408; col. 26, lines 3-31, the collected dated is analyzed or interpreted) and a reference target point (col. 26, lines 32-42), the reference target point (the points of adjustment), a controller (col. 2, lines 42-49) or multiple controllers (fig 2, 200; col. 15, lines 42-60) to determine, through an application of a model (col. 24, lines 20-27) of the variable datum noted above for maintaining the targeted pressure setpoint or frac area optimization, wherein the controller adjusts parameters based on the formation response (col. 6, lines 30-41) to optimize a targeted pressure setpoint (col. 10, lines 19- 24).
Johnson discloses in column 2, lines 42-49 a non-transitory, computer-readable medium having instructions executable by a processor of a computing device to receive measured pressure data associated with hydraulic fracturing of a geological formation in the Earth crust, determine net stress of the geological formation due to hydraulic fracturing, and determine presence of complex shear fracturing correlative with the net stress.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH L THOMPSON whose telephone number is (571)272-7037. The examiner can normally be reached Weekdays; 9:00-5:00, est.
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11 March 2026
/KENNETH L THOMPSON/ Primary Examiner, Art Unit 3676