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 Amendment
This Action is in response to Applicant’s Reply filed October 3, 2025.
Claims 19 and 22 have been cancelled.
Applicant’s amendment to claims 2 and 12 overcome the previously presented 35 USC 112(b) rejection thereof. The amendment to claim 23 was not sufficient to overcome the rejection thereto; said rejection has been repeated below.
Applicant’s amendment to claims 1 and 17 overcome the previously presented 35 USC 102(a)(1) rejection thereof.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 2, 7, 8, 10, 18, and 23 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 claim 2: Claim 1 has been amended to require that the sensor system is configured to measure “pressure, temperature, volume, density, viscosity, salinity, and flow rate” while claim 2 requires that the system be selected from a “pressure sensor, temperature sensor, volume sensor, flow rate sensor, and density sensor”. If the sensor system is configured to measure at least one of the above parameters, it is unclear how the sensors in that system would be anything other than a sensor that measures that parameter. As such, it is unclear how claim 2 further limits claim 1 as amended.
Regarding claims 7, 8, and 10: It is unclear if the recitation of what the system is configured to measure in these claims is on top of what is it measures in claim 1 or if these measurements are in addition to those in claim 1.
Regarding claim 10: It is unclear how the system being configured to “measure at least one property, condition and/or characteristic of a well” in claim 10 is different from the same language in now in claim 1.
Regarding claim 18: It is unclear if the recitation of what the system is configured to measure in claim 18 is on top of what is it measures in claim 17 or if these measurements are in addition to those in claim 17.
Regarding claim 23: Claim 23 requires that the “at least one tracer release system” be controlled by a “control signal” from “surface”, “a control unit”, or “generated in response to well conditions” however lines 10 and 11 of claim 17 require that the “at least one communication system” be “configured to control the operation of the at least one sensor system and/or at least one tracer release system”. As such, it is unclear if the device for issuing a control signal from the surface or the “control unit” of claim 23 are part of the “at least one communication system” or separate features or if the release of the tracer “in response to the well conditions” was done by the “ats least one communication system”. Correction and clarification are required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5, 7-18, 20, 21, 23, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stegemeier et al. (US 2003/0056952, Steg) in view of Trinder (US 2021/0396130).
Regarding claims 1 and 17: Steg discloses a system Fig 1 for monitoring a well 20, the system comprising:
at least one well monitoring system 60 comprising:
at least one tracer release system 84;
at least one sensor system 108;
at least one communication system 80 comprising at least one transmitter 100 – [0050], [0073] and at least one receiver 100 – [0050], [0073];
wherein the at least one communication system is configured to transmit information from the at least one sensor system and/or at least one tracer release system [0073], [0074];
wherein the at least one communication system is configured to control the operation of the at least one sensor system and/or at least one tracer release system [0073], [0074];
wherein the at least one sensor system is configured to measure at least one property, condition and/or characteristic of a well during selectively releasing tracer from the ats least one tracer release system [0074], [0083]; and
wherein the at least one property, condition and/or characteristic of a well is selected from the group consisting of pressure [0053], temperature [0053], volume [0053], density [0083], viscosity [0083], salinity [0053], and/or flow rate [0053].
Steg discloses all of the limitations of the above claim(s) except the sensor system being configured to measure at least one property, condition and/or characteristic of a well before and during selectively releasing tracer from the ats least one tracer release system.
Trinder discloses a system similar to that of Steg. The system of Trinder includes a sensor system 42/54 that measures properties such as pressure, temperature, etc. before the release of a taggant sensor 42 - [0034], [0085], [0091] as well as during/after the taggant is released sensor 54 – [0086], [0092]. The information from the sensor 42 is used to control the release of the taggant from the taggant release system.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Steg so that the sensor system measured at least one property, condition and/or characteristic of a well before and during selectively releasing tracer from the ats least one tracer release system, as taught by Trinder, in order to have been able to facilitate taggant release in accordance to the conditions in the well [0085].
Regarding claim 2: Wherein the at least one sensor system is selected from the group consisting of pressure sensor [0053] of Steg, temperature sensor [0053] of Steg, volume sensor [0053] of Steg, flow rate sensor [0053] of Steg and/or density sensor [0083] of Steg.
Regarding claim 3: Wherein the at least one well monitoring system is configured to be arranged or installed in the well Fig 1, 3 of Steg, in or on the formation, in the annulus Fig 1, 3 of Steg and/or in or on downhole tubing Fig 1, 3 of Steg.
Regarding claim 4: Wherein the at least one well monitoring system is configured to be arranged or installed on wireline, slickline, coiled tubing 40 of Steg, and/or drill pipe and to be lowered into the well. It is noted that Steg discloses the use of tubing and that, without further defining features recited in the claims, “coiled tubing” is not given special meaning.
Regarding claim 5: Wherein the at least one transmitter is a wireless transmitter and/or the at least one receiver is a wireless receiver Steg indicates that “‘wireless’ means the absence of a conventional, insulated wire conductor e.g. extending from a downhole device to the surface. Using the tubing and/or casing as a conductor is considered ‘wireless.’” [0056] of Steg. As such, the transmitter and receiver of Steg would be considered “wireless” as they communicate over the tubing and/or casing [0015], [0069], claim 32.
Regarding claims 7, 10, 18, and 24: Wherein the system is configured to measure at least one property, condition and/or characteristic of a well, a well fluid and/or a component of at least one well fluid “at least one additional sensor” – [0083] of Steg.
Regarding claims 8, 10, and 20: Wherein the system is configured to monitor a well fluid condition and/or tracer release in a production well Fig 7A-7F, 9A, 9B, 9D-9F, [0089], [0112], [0113], [0116]-[0118], [0198]-[0203] of Steg.
Regarding claim 9: Wherein the at least one tracer release system comprises one or more tracer apparatus configured to be positioned, arranged or installed downstream of one or more influx zones Fig 7A-7F, 9A, 9B, 9D-9F, [0089], [0112], [0113], [0116]-[0118], [0198]-[0203] of Steg.
Regarding claims 11, 10, and 21: Wherein the at least one tracer release system comprises one or more tracer apparatus configured to be positioned, arranged or installed upstream of one or more injection zones Fig 9C, 9G, [0114], [0119], [0158]-[0160] of Steg.
Regarding claim 12: Wherein the at least one tracer release system is controlled by a surface control unit 64 – [0073] of Steg to selectively release tracer into the well, the control unit being a part of the at least one communication system 64 – [0073] of Steg or a separate control unit.
Regarding claim 13: Wherein the tracer release system is configured to release at least one tracer 82 – [0074] of Steg.
Regarding claim 14: Wherein the system is a modular system the monitoring system is made of multiple modules, [0068] of Steg, and the tubing string can include multiple of the systems, Fig 9A-9J of Steg.
Regarding claim 15: Wherein the at least one monitoring system comprises two or more tracer release systems Fig 9A-9J of Steg.
Regarding claim 16: The system comprising two or more monitoring systems Fig 9A-9J of Steg.
Regarding claim 17: Steg, as modified, discloses a method of monitoring a well, comprising;
providing the above described least one well monitoring system in the well Fig 9A-9J; of Steg
transmitting information from the at least one sensor system and/or at least one tracer release system to surface [0073], [0074] of Steg;
receiving a control signal to control the operation of the at least one sensor system and/or at least one tracer release system [0073], [0074] of Steg; and
measuring the at least one measure at least one property, condition and/or characteristic of a well during selectively releasing tracer from the ats least one tracer release system [0074], [0083] of Steg, [0034], [0085], [0091] of Trinder, wherein the at least one property, condition and/or characteristic of a well is selected from the group consisting of pressure [0053] of Steg, temperature [0053] of Steg, volume [0053] of Steg, density [0083], viscosity [0083] of Steg, salinity [0053] of Steg, and/or flow rate [0053] of Steg.
Regarding claim 23: The method further comprising releasing tracer from the at least one tracer release system in response to a control signal from surface 64 – [0073] of Steg, a control signal from a control unit or a control signal generated in response to a well condition or event.
Claim(s) 6 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steg in view of Trinder as applied to claims 1 and 17 above, and further in view of Nyhavn (US 2014/0343908).
Regarding claim 6: Steg, as modified, discloses all of the limitations of the above claim(s) except the system further comprising a sampler device configured for surface or downhole sampling.
Nyhavn discloses a method and system for using tracers released in a wellbore the estimate the volume of influxes into the well by sampling the fluid and tracers at the surface [0012]-[0019].
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have further modified the system of Steg to include a sampler device for surface sampling, as taught by Nyhavn, in order to have been able to estimate the volume of influx into the well and control production flow accordingly [0012]-[0019].
Regarding claim 25: Steg, as modified, discloses all of the limitations of the above claim(s) except the method including measuring a concentration of released tracer in at least one well fluid by sampling at one or more sampling times.
Nyhavn discloses a method and system for using tracers released in a wellbore the estimate the volume of influxes into the well by sampling the fluid and tracers at the surface and determining the concentration of the tracers in the fluid [0012]-[0019].
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have further modified the method of Steg to include measuring a concentration of released tracer in at least one well fluid by sampling at one or more sampling times, as taught by Nyhavn, in order to have been able to estimate the volume of influx into the well and control production flow accordingly [0012]-[0019].
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 JENNIFER H GAY whose telephone number is (571)272-7029. The examiner can normally be reached Monday through Thursday, 6-3:30 and every other Friday 6-11.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Y Coupe can be reached at (571)270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER H GAY/Primary Examiner, Art Unit 3619
JHG
10/16/2025