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 .
Information Disclosure Statement
The prior art documents submitted by applicant in the Information Disclosure Statements filed on 5/7/2024 and 2/20/2025 have all been considered and made of record (note the attached copy(ies) of form PTO-1449).
Drawings
Nine sheets of drawings were filed on 5/7/2024 and have been accepted by the examiner.
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 5-6 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.
Claim 5 recites—wherein the fiber optic line includes two or more fiber optic stub paths, at least one of the two or more fiber optic stub paths includes an attenuator, and the two or more fiber optic stub paths include reflectors.—
The conditional statement—if the optical marker device includes two or more fiber optic stub paths and two or more attenuators—is nonsensical and improper dependent claim for broadening the scope.
Since claim 5 requires “two or more fiber optic stub paths”, the conditional statement of claim 6 does not have a condition when there is less than two or more fiber optic stub paths. Should claim 6 be ignored when there is one fiber optic stub path?
Moreover, the conditional statement of claim 6 is a two-prong condition: the optical marker device includes: (1) two or more fiber optic stub paths, and (2) two or more attenuators.
Claim 5 only requires an attenuator, but claim 6 does not have a condition for when there is only one attenuator. Thus, it is unclear whether the then portion of claim 6, should be ignored when there is only one attenuator.
Claim 6 recites—the optical marker device includes two or more fiber optic stub paths and two or more attenuators—which is unclear whether the stub path has, two, or more than two attenuator per path. Alternatively, does claim 6 intend to claim either path has two or more attenuators?
The multiple interpretations of claim 6 and the broadening of claim 5 render these two claims to be indefinite.
Claim 9 recites—A well system, comprising: a fiber optic cable; and an optical marker device coupled with the fiber optic cable--, while Claim 1 recites—An optical marker device for a well system, the optical marker device comprising: a fiber optic line configured to couple with a fiber optic cable of the well system;--.
Claim 1 defines the fiber optic cable as a component of the optical marker device, while Claim 9 defines the well system comprising an fiber optic cable and the fiber optic cable is coupled to the optical marker. In other words, the structures that define the optical marker excludes the fiber optic cable.
None of the drawing shows the fiber optic cable is excluded from the optical marker device (Figs. 1-5 and 7 all show the fiber optic cable 115 or 701 is inclusive of the optical marker device 150). The drawings are consistent with the invention of the optical marker device as recited in claim 1. For examination purposes, the examiner shall consider the fiber optical comprises an fiber optic cable in the same manner as claim 1.
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 1-4, 7-15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leblanc et al. (US 2021/0238987 A1, herein “Leblanc”).
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Claim 1. Leblanc discloses an optical marker device (interface cable 113, fiber optic cable 300, attenuator(s) 214) for a well system, the optical marker device comprising: a fiber optic line (interface cable 113) configured to couple with a fiber optic cable (300) of the well system; and
one or more attenuators (attenuators 214 in Fig. 2 and attenuators are located within cementing head 110 of Fig. 1) coupled with the fiber optic line. The examiner shall interpret in this particular phrase “coupled with” to mean the fiber optic line is coupled with the attenuator via an intermediate structure. Fig. 3 in applicant’s Specification, fiber segment 230 is coupled to attenuator 231 via two intermediate structures, coupler 222 and fiber segment at “L”. LeBlanc discloses attenuators located in cement head 110 of Fig. 1 and further discloses in details Fig. 2 element 214 which are coupled to the fiber optic line 113 via intermediate structure fiber cable 300. The one or more attenuators (214) configurable to set an optical marker (the applicant’s Specification indicates the attenuators function as the optical marker and is capable of uniquely identifying the fiber optic cable via its ability to vary amplitude of the reflected optical signal (Specification pg-pub ‘216: Para [0013]). The prior art structure (214) of LeBlanc functions in the same manner as described (LeBlanc: Para [0029]). Attenuators (214) deform the fiber optic line (300) locally by bending the fiber, then the OTDR component (114) is capable of measuring the backscattering intensity due to the bend(s); LeBlanc attenuator (214) is able to “uniquely identifies” the fiber bending loss characteristics. Therefore, LeBlanc discloses the one or more attenuators configurable to set an optical marker that uniquely identifies the fiber optic cable of the well system.
Claim 2. Leblanc discloses a human-readable label configured to visually identify the fiber optic cable of the well system. Fig. 1 shows a monitor display for displaying data, (Paras [0031] and [0042]).
Claim 3. The fiber optic line of the optical marker device is configured to receive an optical signal from the fiber optic cable of the well system (optical fiber line 300, Paras, [0024]-[0029]), and the one or more attenuators (attenuation assembly 214 and OTDR 114) are configured to attenuate the optical signal according to one or more set attenuator configurations that set the optical marker for the fiber optic cable (Para [0029]).
Claim 4. The optical marker device of claim 3 is based on the one or more set attenuator configurations, one or more attenuated and reflected optical signals are output from the optical marker device that include signal signatures that indicate the optical marker that uniquely identifies the fiber optic cable (Para [0037]). Claim 7. LeBlanc discloses the optical marker device is configured to couple to the fiber optic cable of the well system at a known position on the fiber optic cable (OTDR 114 at the end of cable 300 in Fig. 1), and wherein the optical marker and the known position of the optical marker device is used by the well system to determine at least one of:
a length of a surface section of the fiber optic cable between surface equipment of the well system and a wellhead (Para [0038]), and
a deployed fiber length of the fiber optic cable within a wellbore of the well system (Para [0038]).
Claim 8. The optical marker device of claim 7, wherein the length of the surface section of the fiber optic cable and the deployed fiber length of the fiber optic cable within the wellbore is used by the well system to calibrate the well system and implement automation for well data collection (Para [0038], [0042]).
Claim 9. LeBlanc discloses a well system, comprising:
an optical marker device (214 in Fig. 2) coupled with the fiber optic cable (300), the optical marker device (214) configurable to set an optical marker that uniquely identifies the fiber optic cable. The applicant’s Specification indicates the attenuators function as the optical marker and is capable of uniquely identifying the fiber optic cable via its ability to vary amplitude of the reflected optical signal (Specification pg-pub ‘216: Para [0013]). The prior art structure (214) of LeBlanc functions in the same manner as described (LeBlanc: Para [0029]). Attenuators (214) deform the fiber optic line (300) locally by bending the fiber, then the OTDR component (114) is capable of measuring the backscattering intensity due to the bend(s); LeBlanc attenuator (214) is able to “uniquely identifies” the fiber bending loss characteristics.
Claim 10. The well system of claim 9, wherein the optical marker device includes:
a fiber optic line (113) configured to couple with the fiber optic cable (300). The examiner shall interpret in this particular phrase “coupled with” to mean the fiber optic line is coupled with the attenuator via an intermediate structure. Fig. 3 in applicant’s Specification, fiber segment 230 is coupled to attenuator 231 via two intermediate structures, coupler 222 and fiber segment at “L”. LeBlanc discloses attenuators located in cement head 110 of Fig. 1 and further discloses in details Fig. 2 element 214 which are coupled to the fiber optic line 113 via intermediate structure fiber cable 300.
And one or more attenuators (214) coupled with the fiber optic line, the one or more attenuators (214) configurable to set the optical marker that uniquely identifies the fiber optic cable. The applicant’s Specification indicates the attenuators function as the optical marker and is capable of uniquely identifying the fiber optic cable via its ability to vary amplitude of the reflected optical signal (Specification pg-pub ‘216: Para [0013]). The prior art structure (214) of LeBlanc functions in the same manner as described (LeBlanc: Para [0029]). Attenuators (214) deform the fiber optic line (300) locally by bending the fiber, then the OTDR component (114) is capable of measuring the backscattering intensity due to the bend(s); LeBlanc attenuator (214) is able to “uniquely identifies” the fiber bending loss characteristics.
Claim 11. The well system of claim 10, further comprising: surface equipment (OTDR 114, deployment controller 132, data processor 116) configured to transmit an optical signal via the fiber optic cable (300), wherein the fiber optic line (113) of the optical marker device is configured to receive the optical signal from the fiber optic cable (300), and the one or more attenuators (214) are configured to attenuate the optical signal according to one or more set attenuator configurations that set the optical marker for the fiber optic cable (fiber optic line 113 couples to optical cable 300 which couples to attenuator assembly 214) .
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Claim 12. The well system of claim 11, further comprising: a fiber optic sensing device (OTDR 114 and optical sensing fiber line within optical fiber line 300 (Para [0024]) configured to:
detect one or more attenuated and reflected optical signals that are output by the optical marker device (Para [0037]-[0038]);
detect signal signatures (loss profile, and temperature profile, signal intensity) of the one or more attenuated and reflected optical signals; and
identify the fiber optic cable based on the detected signal signatures of the one or more attenuated and reflected optical signals (“identifying and quantifying the level of loss dB based on the signal intensity measured by optical time-domain reflectometer 114”, Para [0037]).
Claim 13. The well system of claim 9, further comprising a human-readable label (on the monitor 120, Para [0031]) that visually identifies the fiber optic cable, wherein the human-readable label is coupled with the optical marker device or the fiber optic cable (Paras [0031], [0037]-[0038]).
Claim 14. The well system of claim 9, wherein the optical marker device (OTDR 114) is coupled (coupler 138) with the fiber optic cable at a known location on the fiber optic cable (counter 136 at the end of deployment arm 134 tracks the length of the optical fiber line 300 as it is deployed, Para [0028]), further comprising: a fiber data collection system configured to: calibrate the well system based on the optical marker and the known location of the optical marker device (loss profile based on position and length of the optical fiber); and implement automation for well data collection based on the calibration (Para [0020]-[0022], [0038]-[0039], and [0041]-[0042]).
Claim 15. The well system of claim 14, wherein the fiber data collection system configured to calibrate the well system (e.g., adjust backscattered intensity loss caused by translatable deformation apparatus within the wellbore to suit particular optical fiber waveguide bend loss characteristics, Para [0029]; attenuation assembly 214 is adjustable for point loss level at a location of attenuation assembly in response to the cumulative effect of the weight of the optical fiber line 300 on its tension, Para [0034]; the spool release mechanism 130 can be adjusted to maintain a minimum tension in the optical fiber 300 to minimize strain elongation error in the surface counter measurement, Para [0040]);
Processor (116, Para [0031]) includes the fiber data collection system configured to determine, based on the optical marker and the known location of the optical marker device, at least one of: a length of a surface section of the fiber optic cable between surface equipment (from counter 136 to cement plugs 210, 220) of the well system and a wellhead (at cementing 110), and a deployed fiber length of the fiber optic cable within a wellbore of the well system (Para [0038]-[0040]).
Claim 17. LeBlanc discloses a method for implementing a configurable optical marker for a fiber optic cable of a well system, comprising:
coupling an optical marker device (attenuator 214) to the fiber optic cable (300) at a known location (at the well head) on the fiber optic cable;
setting, using the optical marker device, the configurable optical marker that uniquely identifies the fiber optic cable of the well system (attenuators 214 deform the fiber in cable 300 locally by bending the fiber, then the OTDR component 114 is capable of measuring the backscattering intensity due to the bend(s). Thus, LeBlanc’s attenuator (214) is able to uniquely identifies the fiber optic cable of the well system (Figs. 1 and 2 and Para [0029]).
Claim 18. LeBlanc discloses setting, using the optical marker device, the configurable optical marker (attenuator 214) that uniquely identifies the fiber optic cable includes configurating the optical marker device to set the configurable optical marker for the fiber optic cable, and wherein configurating the optical marker device to set the configurable optical marker includes configuring one or more attenuators of the optical marker to set configurable optical marker. The configurable optical marker may be macrobending which involve bends with curvature radii of the fiber , forcing the optical fiber line into a sinusoidal shape with wheels or rollers, or radial compression. All of the techniques are used to achieve the desirable attenuation to produce a change in signal intensity (Para [0033]).
Claim 19. The method of claim 17, further comprising: setting a human-readable label configured to visually identify the fiber optic cable of the well system. Specification (pg-pub ‘216 discloses human-readable label 155 may be an e-ink label or display; Para [0015] and [0038]) LeBlanc discloses a data processing system (116) that retrieve the measurements as a function of position and establish a time record of those measurements (time and location). The data processing system collects the measurement data and organize it in a database. The software responds to user input (query) to display the measurement data as an image on the monitor (120)(Para [0031]). Therefore, the displayed image on the monitor in LeBlanc’s invention qualifies as the human readable label.
Claim 20. LeBlanc discloses the method of claim 17, further comprising:
transmitting an optical signal via the fiber optic cable of the well system (OTDR sends laser light pulses to optical fiber line 300);
detect one or more attenuated and reflected optical signals that are output by the optical marker device (OTDR detects and ranging of any deformation from the backscattered intensity loss caused by the translatable attenuator 214; Para [0029]);
determine the configurable optical marker from the one or more attenuated and reflected optical signals (Para [0029]); and
identify the fiber optic cable based on the configurable optical marker determined from the one or more attenuated and reflected optical signals (“Optical time-domain reflectometer 114 of borehole cementing system 100 can provide the ability to know with accuracy the length of optical fiber line 300 deployed in the well. For example, using physical length verifying counters mounted on reel 130 (e.g., a spool feed mechanism). Furthermore, borehole cementing system 100 can record data continuously during the cementing process. Optical time-domain reflectometer 114 of borehole cementing system 100 can also be subjected to a local attenuation at a fixed datum relative to the well head while allowing optical fiber line 300 to move relative to attenuation assembly 214 (e.g., an attenuation-causing device)”, Para [0030])
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over LeBlanc in view of Bhongale et al. (US 2018/0202286 A1, herein “Bhongale”).
Regarding claim 5, Leblanc discloses the invention of claim 3, and further discloses singular path with attenuators (214) and reflectors (OTDR 114, Para [0037]). However, Leblanc does not teach “at least one of the two or more fiber optic stub paths includes an attenuator and the two or more fiber optic stub paths include reflectors.”
Bhongale teaches a wellbore with optical fiber sensors (350, 352 in Fig. 3B) for sensing the wellbore environment. Figs. 4A-4C shows optical pulses traveling towards the modulator 322 is directed by a coupler, splitter, or circulator (not shown in Figs. 4A-4C, but shown in Fig. 3B). Fig. 4C shows two fiber stubs (332, 335) for directing the signals to the respective coupling terminals. Any of the embodiments among Figs. 4A-4C can be modified to combine the functionality of the respective embodiments (Para [0041]) such that the modification would include fiber stub paths includes an attenuator, and reflectors (Para [0041]).
It would have been obvious to one having ordinary skill at the time of filing to recognize the modulator sending sensing parameters or modified signals to plurality of fiber stub paths via couplers in the wellbore environment. As disclosed by Bhongale, wellbores are often several thousand feet deep and may extend horizontally for several miles (Para [0003]). As such couplers such as circulators and splitters allow the sensing system to continuously monitor the wellbore environment and provide signal modifications such as phase modulation, amplitude modulation, or other modulation techniques without sending the signal back to the above ground monitoring station for processing. One would be motivated to provide multiple fiber stub paths with attenuators and reflectors for processing the optical signal within the wellbore environment without sending the signal back to the above ground monitoring station which would cause signal degradation or loss of signal strength due to the long distance of the wellbore environment.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over LeBlanc in view of Bhongale as applied to claim 5 above, and further in view of Cuny et al. (US 2019/0227184 A1, herein “Cuny”).
LeBlanc in view of Bhongale (herein “LeBlanc / Bhongale”) teach the invention of claim 5, but LeBlanc / Bhongale do not explicitly teach a first fiber optic stub path includes a delay mechanism to delay a first optical signal in the first fiber optic stub path.
Cuny teaches an OTDR (optical time domain reflectometry) with a phase-sensing interferometer which includes a delay-line fiber that results in the mixing at the detector of the backscattered light returning from two separate locations in the fiber. The delay-line fiber technique allows for comparing the phase at two locations in the fiber separated by what is known as “gauge length” or “differentiation interval” (Para [0023]).
It would have been obvious to one having ordinary skill at the time of filing to recognize the delay-line fiber as taught by Cuny can be implemented to the “first fiber optic stub path” as long as a delay is created for the backscattered light returning to have the “differentiation interval” such that the two signals would be returning backscattered light from two separate locations in the fiber. One would be motivated to implement a delay-line fiber to spatially separate the two backscattered signals which would allow the signals to be visually differentiated and monitored accordingly.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over LeBlanc in view of Ruhle et al. (US 2023/0009947 A1, herein “Ruhle”).
LeBlanc discloses the invention of claim 15 and further discloses after calibration of the well system, the fiber data collection system (performs by processor 116) is configured to automatically perform data collection from the well (Para [0019]-[0022]).
However, LeBlanc does not teach the data collection including at least one of microseismic event data collection and strain event data collection, further comprising: a supervisory control system configured to:
automatically infer at least one of formation properties and fracture properties related to hydraulic fracturing operations based on the data collection from the well; and
automatically control fracturing spread pumps based on the at least one of the formation properties and the fracture properties.
Ruhle teaches a detection and prediction system for operation during downhole fracturing operations. The system employs fiber-optic sensors to obtain real-time measurements and diagnostic data in wellbores during production or during multi-well multistage stimulation treatments. The system obtains real-time measurement data such as optical intensity, optical wavelength measurements, optical frequency or phase measurements wherein said data points can be used to derive temperature, pressure, acoustic, strain, micro-seismic, micro-deformation, or other formation related properties. From these collection of data, diagnostic data may be composed and refined to determine flow rates across perforation clusters, fracture sizes/orientation and fracture growth rates, wherein diagnostic data can be used to control fracturing operations during single/multi well fracturing operations (Para [0003], [0022]-[0023], and [0037]).
It would have been obvious to one having ordinary skill at the time of filing to recognize the detection and prediction system as taught by Ruhle is software-based in combination with hardware and firmware for implementing the detection and predictive system for monitoring downhole fracturing operations (Ruhle: Para [0014]). It would have been within the skill of a practitioner at the time of filing to combine wellbore sensing system and calibrating said system to work in concert with detection and prediction system as taught by Ruhle. One would be motivated to incorporate the detection and prediction system of Ruhle such that during fracturing operations, the prediction system allows operator to control the effective estimation of the pump rate of the operation via pressure response and estimate the length of time for proppant to move through the wellbore during fracturing operation (Ruhle: Para [0037], [0020]-[0024], and [0031]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Erin D Chiem whose telephone number is (571)272-3102. The examiner can normally be reached 10 am - 6 pm.
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, Thomas A. Hollweg can be reached at (571) 270-1739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN D CHIEM/Examiner, Art Unit 2874
/THOMAS A HOLLWEG/Supervisory Patent Examiner, Art Unit 2874
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