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 .
Status of Claims
This action is in reply to the Applicant’s claims, filed on 09/22/2025.
Claim 1 has been amended.
Claims 2-20 has been cancelled.
Claims 21-39 have been added.
Claims 1, and 21-39 are currently pending and have been examined.
Response to Amendment
The amendment filed 09/22/25 has been entered. Applicant’s amendments to claims have overcome each objection and rejection previously set forth in the Non-Final Office Action filed 05/22/2025.
Applicant’s argument with respect to the prior art rejections of claims 1-20 has been considered
and are persuasive, therefore the rejections have been withdrawn.
However, upon further consideration, the amendments introduce new issues that a new grounds of rejection is made for claims 1, and 21-39.
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, 21, 30, 31, and 33 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.
Claims 1, 21, 30, and 31 recites the term “collect” or “collecting” rending the clam indefinite as the specification only describes the invention as generating the data, not collecting from an external source. The term “collect” or “collecting” therefore introduces ambiguity as it is unclear whether the term requires obtaining, receiving, or capturing data and, one of ordinary skill int art would not be reasonably apprised of the scope of the invention.
Claims 1, 21, 30, and 31 recites the phrase “(the aqueous base fluid data)” or “(the downhole data)” or “(the downhole fluid data)” rending the claim indefinite because it is unclear whether the parenthetical phrase is intended to provide examples, introduce additional elements, or indicate optional alternatives, and, one of ordinary skill int art would not be reasonably apprised of the scope of the invention.
Claims 1 and 30 recite the limitation “the optimized drilling fluid” and “the optimized treating fluid.” There is insufficient antecedent basis for this limitation in the claim. Examiner has read these as “optimized downhole fluid.”
Claim 33 recites the phrase "in certain embodiments" rendering the claim
indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed
invention. See MPEP § 2173.05(d).
Claims 21-39 are rejected for depending on a rejected indefinite claim.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 21-23, 28, 30-33, and 38 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jasskelainen et al. (US20220112796).
Claim 1. Jasskelainen, as best understood by the indefinite language, discloses: An apparatus comprising:
an aqueous base fluid supply (112 water supply, Fig. 2A or 3) assembly configured to supply an aqueous base fluid (112 provides base for treatment fluid, Fig. 2A or 3)
a flowing in-line aqueous fluid sensor assembly or a stand-still in-line aqueous fluid sensor assembly (102 instrumented package on outlet of 112 includes sensors, Fig. 2A or 3), wherein the flowing in-line aqueous fluid sensor assembly or the stand-still in-line aqueous fluid sensor assembly is configured to:
collect real-time or near real-time (sensors measure in milliseconds, [0046]) aqueous base fluid data (the aqueous base fluid data), the aqueous base fluid data comprises a composition (sensors measure identity i.e. composition, [0046]) and properties (density, viscosity, strain i.e. properties; [0046]) of the aqueous base fluid, and
send the aqueous base fluid data to a control assembly (102 communicates to 110 control van, Fig. 2A; [0046]),
a downhole sensor assembly (152 sensor module, downhole sensors on treatment well measure the wellbore environment, [0049]) configured to:
collect real-time or near real-time (sensors measure in milliseconds, [0046]) downhole data (the downhole data) (sensors measure temperature, pressure, flowrate i.e. downhole data; [0048]) and real-time or near real-time downhole fluid data (the downhole fluid data), the downhole fluid data comprises a composition (sensors measure chemical i.e. composition, [0048]) and property (density, viscosity, strain i.e. properties; [0048]) data of the downhole fluid, and
send the downhole data and the downhole fluid data to the control assembly (152 communicates to 110, [0049]),
a downhole fluid component supply assembly (120 mixing blender, Fig. 2A) configured to supply downhole fluid components to be added to the aqueous base fluid (inherent function of blender is to add components to the base water supply, Fig. 2A) based on the aqueous base fluid data, the downhole data, or any combination thereof to form a downhole fluid (110 receives data from sensors to prepare a treatment fluid, [0049]),
a friction-reducing component supply assembly (114 hydration blender, Fig. 2A) configured to supply friction-reducing components (friction reducer from 116 chemical unit, Fig. 2A; [0041]) to be added to the downhole fluid based on the aqueous base fluid data, the downhole data, and the downhole fluid data to form an optimized downhole fluid (treatment fluid, [0049]) having a reduced or minimized percent drag reduction (%DR) value (inherent function of friction reducer, [0041]), and,
if the optimized downhole fluid comprises a drilling fluid, then while drilling a wellbore to a subterranean formation, the control assembly is further configured to circulate the optimized drilling fluid via a downhole fluid circulating assembly,
or
if the optimized downhole fluid comprises a treating fluid (treatment fluid, [0049]), then while treating a subterranean formation (8 formation, Fig.1), control assembly is further configured to inject the optimized treating fluid into the subterranean formation via a downhole injecting assembly (treatment fluid is injected by 122 pumps into the formation via 16 perforations in 14 casing string; [0050]).
Claim 21. Jasskelainen, as best understood by the indefinite language, discloses: The apparatus of claim 1, wherein:
while drilling the wellbore:
the flowing in-line aqueous fluid sensor assembly or the stand-still in-line aqueous fluid sensor assembly is further configured to:
collect real-time or near real-time aqueous base fluid data (the aqueous base fluid data), wherein the aqueous base fluid data comprise composition and property data, and
send the collected aqueous base fluid data to the control assembly, and
the downhole sensor assembly is further configured to:
collect real-time or near real-time downhole data (the downhole data),wherein the downhole data comprise wellbore temperature data, temperature profile data, pressure data, pressure profile data, geological structural property data including type of rock, shale, and sand, or any combination thereof, and
collect real-time or near real-time downhole fluid data (the downhole fluid data), wherein the downhole fluid data comprise composition and property data, and
send the downhole data and the downhole fluid data to the control assembly;
or
while treating (treatment fluid, [0049]) the subterranean formation: the flowing in-line aqueous fluid sensor assembly or the stand-still in-line aqueous fluid sensor assembly is further configured to:
collect real-time or near real-time aqueous base fluid data (the aqueous base fluid data), wherein the aqueous base fluid data comprise composition and property data, and
send the aqueous base fluid data to the control assembly, and
the downhole sensor assembly is further configured to:
collect real-time or near real-time downhole data (the downhole data),wherein the downhole data comprise formation temperature data (sensors measure temperature, pressure, flowrate i.e. downhole data; [0048]), temperature profile data, formation pressure data, pressure profile data, formation geological structural property data including type of rock, shale, and sand, natural fracture within the formation data, extent of the formation to be treated, depth of penetration of the treating fluid, desired treating results, type of proppants to be used, type of proppant pillar formation desired, type of pumping format, pumping conditions including pumping pressure, downhole fluid flow rate, pumping sequences, other formation properties, or any combination thereof, and
collect real-time or near real-time downhole fluid data (the downhole fluid data), wherein the downhole fluid data comprise composition and property data, and
send the downhole data and the downhole fluid data to the control assembly (see previously rejected claim 1).
Claim 22. Jasskelainen discloses: The apparatus of claim 21, wherein:
while drilling the wellbore:
the control assembly is further configured in real-time or near real-time to:
adjust amounts of downhole fluid components being added to the aqueous base fluid based on the aqueous base fluid data, the downhole data, or any combination and
adjust amounts of friction-reducing components being added to the drilling fluid based on the aqueous base fluid data, the downhole data, the downhole fluid data, or any combination thereof to maintain an optimized drilling fluid having a reduced or minimized percent drag reduction (%DR) value;
or
while treating (treatment fluid, [0049]) the subterranean formation:
the control assembly is further configured in real-time or near real-time to:
adjust amounts of downhole fluid components being added to the aqueous base fluid based on the aqueous base fluid data, the downhole data, or any combination and adjust amounts of friction-reducing components being added to the treating fluid based on the aqueous base fluid data, the downhole data, the downhole fluid data, or any combination thereof to maintain an optimized treating fluid having a reduced or minimized percent drag reduction (%DR) value (110 receives data from sensors to prepare a treatment fluid, [0049]; see previously rejected claim 1).
Claim 23. Jasskelainen discloses: The apparatus of claim 1, wherein the aqueous base fluid comprises:
a high TDS produced water, a high TDS flow back water, a high TDS fracturing flow back water, a brackish water, a reverse osmosis (RO) reject water, a clear brine, fresh water (water from 112, Fig. 2A; [0041]), or mixtures thereof.
Claim 28. Jasskelainen discloses: The apparatus of claim 1, wherein the downhole fluid components include: one or more proppants (118 proppant supply, Fig. 2B; [0041]).
Claim 30. Jasskelainen, as best understood by the indefinite language, discloses: A method comprising:
supplying an aqueous base fluid from an aqueous base fluid supply assembly,
passing the aqueous base fluid through a flowing in-line aqueous base fluid sensor assembly or a stand-still, in-line aqueous base fluid sensor assembly,
collecting real-time or near real-time aqueous base fluid data (the aqueous base fluid data),the aqueous base fluid data comprise composition and property data of the aqueous base fluid,
sending the aqueous base fluid data to a control assembly,
collecting real-time or near real-time downhole data (the downhole data) and real-time or near real-time downhole fluid data (the downhole fluid data), the downhole fluid data comprise composition and property data of the downhole fluid,
sending the downhole data and the downhole fluid data to the control assembly,
adding amounts of downhole fluid components to the aqueous base fluid based on the aqueous fluid data, the downhole data, or any combination via a downhole fluid component supply assembly under control of the control assembly to form a downhole fluid,
adding amounts of friction-reducing components to the downhole fluid based on the aqueous base fluid data, the downhole data, the downhole base fluid data, or any combination thereof via a friction-reducing component supply assembly under control of the control assembly to form an optimized downhole fluid having a reduced or minimized percent drag reduction (%DR) value, and
if the optimized downhole fluid comprises a drilling fluid, then while drilling a wellbore to a subterranean formation, circulating the optimized drilling fluid via a downhole fluid circulating assembly under control of the control assembly,
or
if the optimized downhole fluid comprises a treating fluid, then while treating a subterranean formation, injecting the optimized treating fluid into the subterranean formation via a downhole injecting assembly under control of the control assembly (see previously rejected claim 1; [0030-0047]).
Claim 31. Jasskelainen, as best understood by the indefinite language, discloses: The method of claim 30, further comprising:
while drilling the wellbore:
collecting real-time or near real-time aqueous base fluid data (the aqueous base fluid data) via the flowing in-line aqueous fluid sensor assembly or the stand-still in-line aqueous fluid sensor assembly, wherein the aqueous base fluid data comprise composition and property data, and
sending the aqueous base fluid data to the control assembly, and
collecting real-time or near real-time downhole data (the downhole data) via the downhole sensor assembly, wherein the downhole data comprise wellbore temperature data, temperature profile data, pressure data, pressure profile data, geological structural property data including type of rock, shale, and sand, or any combination thereof, and
collecting real-time or near real-time downhole fluid data (the downhole fluid data) via the downhole sensor assembly, wherein downhole fluid data comprise composition and property data, and
sending the downhole data and the downhole fluid data to the control assembly;
or
while treating the subterranean formation:
collecting real-time or near real-time aqueous base fluid data (the aqueous base fluid data) via the flowing in-line aqueous fluid sensor assembly or the stand-still in-line aqueous fluid sensor assembly, wherein the aqueous base fluid data comprise composition and property data, and
sending the aqueous base fluid data to the control assembly, and
collecting real-time or near real-time downhole data (the downhole data) via the downhole sensor assembly, wherein the downhole data comprise formation temperature data, temperature profile data, formation pressure data, pressure profile data, formation geological structural property data including type of rock, shale, and sand, natural fracture within the formation data, extent of the formation to be treated, depth of penetration of the treating fluid, desired treating results, type of proppants to be used, type of proppant pillar formation desired, type of pumping format, pumping conditions including pumping pressure, downhole fluid flow rate, pumping sequences, other formation properties, or any combination thereof,
collecting real-time or near real-time downhole fluid data (the downhole fluid data) via the downhole sensor assembly, wherein the downhole fluid data comprise composition and property data, and
sending the downhole data and the downhole fluid data to the control assembly (see previously rejected claim 21; [0030-0047]).
Claim 32. Jasskelainen discloses: The method of claim 31, further comprising:
while drilling the wellbore:
adjusting, via the control assembly, amounts of downhole fluid components being added to the aqueous base fluid based on the aqueous base fluid data, the downhole data, or any combination and adjusting, via the control assembly, amounts of friction-reducing components being added to the drilling fluid based on the aqueous base fluid data, the downhole data, the downhole fluid data, or any combination thereof to maintain an optimized drilling fluid having a reduced or minimized percent drag reduction (%DR) value;
or
while treating the subterranean formation:
adjusting, via the control assembly, amounts of downhole fluid components being added to the aqueous base fluid based on the aqueous base fluid data, the downhole data, or any combination and adjusting, via the control assembly, amounts of friction-reducing components being added to the treating fluid based on the aqueous base fluid data, the downhole data, the downhole fluid data, or any combination thereof to maintain an optimized treating fluid having a reduced or minimized percent drag reduction (%DR) value (see previously rejected claim 22; [0030-0047]).
Claim 33. Jasskelainen, as best understood by the indefinite language and in a first interpretation, discloses: The method of claim 30, wherein, in the supplying step: the aqueous base fluids include a high TDS produced water, a high TDS flow back water, a high TDS fracturing flow back water, a brackish water, a reverse osmosis (RO) reject water, a clear brine, and mixtures thereof. In certain embodiments, the aqueous base fluids further include fresh water (see previously rejected claim 23).
Claim 38. Jasskelainen discloses: The method of claim 30, wherein, in the adding amounts of downhole fluid component step, the downhole fluid components further include: one or more proppants (see previously rejected claim 28).
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.
Claims 24-27, 29, 33-37, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Jasskelainen et al. (US20220112796) in view of Chung et al. (US20140352962).
Claim 24. Jasskelainen discloses: The apparatus of claim 1. Jasskelainen does not disclose: the friction-reducing polymers comprise: polymers including more than 50% of acrylamide monomer units in the polymer backbone.
Chung discloses ampholyte polymeric compounds comprising of acrylamide monomers for use as friction reducing agent in a treatment fluid and using brine as the aqueous based fluid. Therefore, Chung teaches: the friction-reducing polymers (ampholyte polymeric compounds, [0067]) comprise: polymers including more than 50% of acrylamide monomer (about 30% to about 50% of acrylamide monomer, [0062]) units in the polymer backbone (inherent to polymers).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the friction reducing additive and water as the aqueous based fluid of Jasskelainen with the friction reducing ampholyte polymeric compounds comprising of acrylamide monomers and brine as taught by Chung with a reasonable expectation of success in order to reduce the friction of the treatment fluid as taught by Chung ([0067]).
Regarding the limitation: including more than 50% of acrylamide monomer, Chung teaches a compositing comprising of acrylamide monomers that is about 30% to about 50% by weight of the ampholyte polymeric compound, which is adjacent to and touches the claimed requirement of including more than 50% of acrylamide monomer. Although Chung does not expressly teach greater than 50%, it discloses a composition containing acrylamide monomer at values up to “about 50%.” Therefore, it would have been an obvious variation since the ranges are adjacent and touch at their endpoints. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claim 25. Jasskelainen in view of Chung teach: The apparatus of claim 24, wherein the friction-reducing polymers comprise: polymers including at least 30% acrylamide monomer units in the polymer backbone, polymers including at least 40% acrylamide monomer units in the polymer backbone, polymers including at least 50% acrylamide monomer units in the polymer backbone, polymers including at least 60% acrylamide monomer units in the polymer backbone, polymers including at least 70% acrylamide monomer units in the polymer backbone, polymers including at least 80% acrylamide monomer units in the polymer backbone, polymers including at least 90% acrylamide monomer units in the polymer backbone, or 100% acrylamide monomer units in the polymer backbone (see previously rejected claim 24).
Claim 26. Jasskelainen in view of Chung teach: The apparatus of claim 1, wherein the downhole fluid components include: hydratable polymers or gelling agents (Jasskelainen: gelling agent, [0041]) comprise one or more hydratable polysaccharide polymers that are capable of being crosslinked in the presence of a crosslinking agent, and one or more crosslinking agents (Chung: polysaccharide …crosslinked, [0035]).
Claim 27. Jasskelainen in view of Chung teach: The apparatus of claim 26, wherein the one or more hydratable polysaccharide polymers include: galactomannan gums, glucomannan gums, guars, derivatized guars, cellulose derivatives ,guar gum derivatives (Chung: guar gums, [0035]), locust bean gums, Karaya gums, carboxymethyl celluloses, carboxymethyl hydroxyethyl celluloses, hydroxyethyl celluloses, or mixtures or combinations thereof.
Claim 29. Jasskelainen in view of Chung teach: The apparatus of claim 1, wherein the downhole fluid components include: hydratable polymers or gelling agents comprise one or more hydratable polysaccharide polymers that are capable of being crosslinked in the presence of a crosslinking agent, a crosslinking agent (see previously rejected claim 26), and a proppant (Jasskelainen: proppant, [0041]).
Claim 33. Jasskelainen in view of Chung, as best understood by the indefinite language and in a second interpretation, teaches: The method of claim 30, wherein, in the supplying step: the aqueous base fluids include a high TDS produced water, a high TDS flow back water, a high TDS fracturing flow back water, a brackish water, a reverse osmosis (RO) reject water, a clear brine (Chung: brine, [0028]) and mixtures thereof. In certain embodiments, the aqueous base fluids further include fresh water.
Claim 34. Jasskelainen in view of Chung teach: The method of claim 30, wherein, in the adding amounts of friction-reducing component step, the friction-reducing polymers comprise: polymers including more than 50% of acrylamide monomer units in the polymer backbone (see previously rejected claim 24).
Claim 35. Jasskelainen in view of Chung teach: The method of claim 34, wherein, in the adding amounts of friction-reducing component step, the friction-reducing polymers comprise: polymers including at least 30% acrylamide monomer units in the polymer backbone, polymers including at least 40% acrylamide monomer units in the polymer backbone, polymers including at least 50% acrylamide monomer units in the polymer backbone, polymers including at least 60% acrylamide monomer units in the polymer backbone, polymers including at least 70% acrylamide monomer units in the polymer backbone, polymers including at least 80% acrylamide monomer units in the polymer backbone, polymers including at least 90% acrylamide monomer units in the polymer backbone, or 100% acrylamide monomer units in the polymer backbone (see previously rejected claim 25).
Claim 36. Jasskelainen in view of Chung teach: The method of claim 30, wherein, in the adding amounts of downhole fluid component step, the downhole fluid components further include: hydratable polymers or gelling agents comprise one or more hydratable polysaccharide polymers that are capable of being crosslinked in the presence of a crosslinking agent, and a crosslinking agent (see previously rejected claim 26).
Claim 37. Jasskelainen in view of Chung teach: The method of claim 36, wherein, in the adding amounts of downhole fluid component step, the one or more hydratable polysaccharide polymers include: galactomannan gums, glucomannan gums, guars, derivatized guars, cellulose derivatives, guar gum derivatives, locust bean gums, Karaya gums, carboxymethyl celluloses, carboxymethyl hydroxyethyl celluloses, hydroxyethyl celluloses, or mixtures or combinations thereof (see previously rejected claim 27).
Claim 39. Jasskelainen in view of Chung teach: The method of claim 30, wherein, in the adding amounts of downhole fluid component step, the downhole fluid components further include: hydratable polymers or gelling agents comprise one or more hydratable polysaccharide polymers that are capable of being crosslinked in the presence of a crosslinking agent, one or more crosslinking agents, and one or more proppants (see previously rejected claim 29).
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 Daniel Craig whose telephone number is (571)270-0747. The examiner can normally be reached M-Thurs 7:30 AM to 5:00 PM CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara Schimpf can be reached at (571)270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL T CRAIG/Examiner, Art Unit 3676
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676