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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 11,174,720. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are generally broader than those of the patent. Thus, any invention meeting the limitations of the patent claims would necessarily meet those of the instant application as well. Further, all the claimed limitations recited in the present application are broader version and transparently found in the patent No. 11,174,720
Instant application
US Patent
1. A drilling system comprising: a plurality of sensors (22) mounted to a drill string (12) at a plurality of sensor locations, the sensors (22) configured to sense a plurality of acceleration measurements corresponding to a plurality of locations in a first two- dimensional reference frame, the first two-dimensional reference frame being a moving reference frame fixed to and defined by the orientation of drill string (12), the first two-dimensional reference frame coincident with a plane orthogonal to a rotational axis (54) of the drilling system (40) and based on a position of the drilling system (40) in the plane, the plurality of acceleration measurements comprising measurements in a plurality of non-parallel directions lying in the plane; a processor (24) in communication with the plurality of sensors (22), the processor (24) configured to: receive the plurality of acceleration measurements; determine a rotational position (132) of the drilling system (40) in the first two-dimensional reference frame based on the plurality of acceleration measurements, the rotational position (132) represented as a rotational angle (58) and describing rotation of the drilling system (40) in the plane about the rotational axis (54), wherein the rotational angle (58) is the drill string's (12) rotation about the rotational axis of the drill string; convert a first location of the plurality of locations to a corresponding second location of the drilling system (40) in a second two-dimensional reference frame based on the plurality of acceleration measurements, the second two-dimensional reference frame being a static reference frame which is coincident with the plane and invariant with the position of the drilling system (40) in the plane; determine a revolution position (152) of the drilling system (40) in the second two-dimensional reference frame based on the rotational position (132) and the second location, the revolution position (152) describing revolution of the drilling system (40) in the plane about a revolution axis (52); and identify a whirl dynamic of the drilling system (40) based on the revolution position (152);the processor (24) being configured to determine a rotational position (132) comprises the processor (24) being configured to: determine a rotational velocity of the drilling system (40) in the first two-dimensional reference frame based on the plurality of acceleration measurements; and determine the rotational position (132) based on the rotational velocity; wherein the first location comprises a first sensor location of the first sensor, a first measurement subset of the plurality of acceleration measurements are sensed by the first sensor (22A), the first sensor location spaced apart from the rotational axis (54) by a first radius RA; and wherein a second measurement subset of the plurality of acceleration measurements are sensed by a second sensor (22B), the second sensor (22B) having a second sensor location spaced apart from the rotational axis (54) by a second radius RB and spaced apart from the first sensor location.
1. A drilling system comprising: a plurality of sensors mounted to a drill string at a plurality of sensor locations, the sensors configured to sense a plurality of acceleration measurements corresponding to a plurality of locations in a first two-dimensional reference frame, the first two-dimensional reference frame coincident with a plane orthogonal to a rotational axis of the drilling system and based on a position of the drilling system in the plane, the plurality of acceleration measurements comprising measurements in a plurality of non-parallel directions lying in the plane; a processor in communication with the plurality of sensors, the processor configured to: receive the plurality of acceleration measurements; determine a rotational position of the drilling system in the first two-dimensional reference frame based on the plurality of acceleration measurements, the rotational position describing rotation of the drilling system in the plane about the rotational axis; convert a first location of the plurality of locations to a corresponding second location of the drilling system in a second two-dimensional reference frame based on the plurality of acceleration measurements, the second two-dimensional reference frame coincident with the plane and invariant with the position of the drilling system in the plane; determine a revolution position of the drilling system in the second two-dimensional reference frame based on the rotational position and the second location, the revolution position describing revolution of the drilling system in the plane about a revolution axis; and identify a whirl dynamic of the drilling system based on the revolution position; wherein the processor being configured to determine a rotational position comprises the processor being configured to: determine a rotational velocity of the drilling system in the first two-dimensional reference frame based on the plurality of acceleration measurements; and determine the rotational position based on the rotational velocity; wherein the first location comprises a first sensor location of the first sensor, a first measurement subset of the plurality of acceleration measurements are sensed by the first sensor, the first sensor location spaced apart from the rotational axis by a first radius R.sub.A; and wherein a second measurement subset of the plurality of acceleration measurements are sensed by a second sensor, the second sensor having a second sensor location spaced apart from the rotational axis by a second radius R.sub.B and spaced apart from the first sensor location.
In regards to claim 1, the instant application is a broader version of claim 1 of the US patent and all the claim limitations are covered by claim 1 of the US Patent.
Allowable Subject Matter
Claims 1-30 would be allowable if a terminal disclaimer is filed to overcome obvious double patenting rejection.
Reason(s) For Allowance
The following is an examiner’s statement of reasons for allowance: In regards to independent claim 1, 15 and 16, ZHA et al (US 2016/0369612) in view of Harmer et al (US 2014/0129148) teaches the limitations as shown below.
Zha teaches a drilling system for identifying drill-string whirl. Zha teaches a drilling system for characterizing drill-string whirl using acceleration measurements from downhole sensors. Zha teaches that tri-axial accelerometers are mounted on the drill string and rotate with the drill string, such that the recorded acceleration data is in a local rotating coordinate frame. Zha further teaches transforming the corrected acceleration data from the local rotating coordinate from to a global stationary coordinate frame, where the transformation reduces to a 2-D rotation in the X-Y plane. Zha also teaches using the transformed acceleration data to determine drill-string motion, fitting the drill-string motion to a revolution ellipse, and using revolution-ellipse/whirl-ellipse information to characterize whirl. Zha also teaches determining a rotational angle for the coordinate transformation.
Harmer teaches downhole determination of drilling state using accelerometer measurements. Harmer teaches that lateral velocity may be calculated by time-integrating lateral acceleration measured using accelerometers, and that measured lateral acceleration may not be relative to a static frame because center-mounted accelerometers measure lateral acceleration relative to a rotating frame. Harmer further teaches correcting lateral acceleration to a static frame by correcting for rotation of the BHA, including rotating center-of-motion acceleration relative to a non-rotating/static frame by determining an angle of the BHA relative to the static frame. Harmer also teaches that offset-mounted accelerometers rotate with the drilling tool and provide offset-motion acceleration.
But, neither Zha, Harmer, nor any other prior art of record as a whole teaches the processor (24) being configured to determine a rotational position (132) comprises the processor (24) being configured to: determine a rotational velocity of the drilling system (40) in the first two-dimensional reference frame based on the plurality of acceleration measurements; and determine the rotational position (132) based on the rotational velocity; wherein the first location comprises a first sensor location of the first sensor, a first measurement subset of the plurality of acceleration measurements are sensed by the first sensor (22A), the first sensor location spaced apart from the rotational axis (54) by a first radius RA; and wherein a second measurement subset of the plurality of acceleration measurements are sensed by a second sensor (22B), the second sensor (22B) having a second sensor location spaced apart from the rotational axis (54) by a second radius RB and spaced apart from the first sensor location.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMEED ALIZADA whose telephone number is (571)270-5907. The examiner can normally be reached Monday-Friday, 9:30 am until 5:30 pm.
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/OMEED ALIZADA/Primary Examiner, Art Unit 2686
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