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 pro
visions of the AIA .
DETAILED ACTION
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 and 8-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Specifically, representative Claim 1 recites:
“A calibration method of a look-ahead logging while drilling measuring device, comprising: hoisting the look-ahead logging while drilling measuring device vertically; setting a distance from the look-ahead logging while drilling measuring device to a reflective interface as a first preset distance, and measuring an amplitude and phase of a signal received at the distance to obtain a first standard blank data; descending the look-ahead logging while drilling measuring device by a second preset distance a plurality of times, and measuring an amplitude and phase of a received signal after each descent of the second preset distance, respectively to obtain measurement results; re-setting the distance from the look-ahead logging while drilling measuring device to the reflective interface as the first preset distance, and measuring an amplitude and phase of a signal received at the distance to obtain a second standard blank data; and calculating a correction factor based on the first standard blank data, the measurement results, and the second standard blank data.”
The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements”.
Under the Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (process).
Under Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject Matter Eligibility Guidance, it falls into the groupings of subject matter that covers mathematical concepts - mathematical relationships, mathematical formulas or equations, mathematical calculations.
Next, under Step 2A, Prong Two, we consider whether the above claim that recites a judicial exception are integrated into a practical application.
The above claims comprise the following additional elements:
In Claim 1: A calibration method of a look-ahead logging while drilling measuring device, comprising: hoisting the look-ahead logging while drilling measuring device vertically; setting a distance from the look-ahead logging while drilling measuring device to a reflective interface as a first preset distance, and measuring an amplitude and phase of a signal received at the distance to obtain a first standard blank data; descending the look-ahead logging while drilling measuring device by a second preset distance a plurality of times, and measuring an amplitude and phase of a received signal after each descent of the second preset distance, respectively to obtain measurement results; re-setting the distance from the look-ahead logging while drilling measuring device to the reflective interface as the first preset distance, and measuring an amplitude and phase of a signal received at the distance to obtain a second standard blank data.
The additional elements in the preamble are recited in generality and represent insignificant extra-solution activity (field-of-use limitations) that is not meaningful to indicate a practical application.
The additional elements in the claims such as setting a distance from the look-ahead logging while drilling measuring device to a reflective interface as a first preset distance, and measuring an amplitude and phase of a signal received at the distance to obtain a first standard blank data; descending the look-ahead logging while drilling measuring device by a second preset distance a plurality of times, and measuring an amplitude and phase of a received signal after each descent of the second preset distance, respectively to obtain measurement results; re-setting the distance from the look-ahead logging while drilling measuring device to the reflective interface as the first preset distance, measuring an amplitude and phase of a signal received at the distance to obtain a second standard correction
data represents data insignificant extra-solution activity of mere data gathering. According to the October update on 2019 SME Guidance such steps are “performed in order to gather data for the (mental) analysis step and is a necessary precursor for all uses of the recited exception. It is thus extra-solution activity and does not integrate the judicial exception into a practical application”.
Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B.
However, the above claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception (Step 2B analysis) because these additional elements/steps are well-understood and conventional in the relevant art based on the prior art of record relevant to collecting data at 2 different distances from a transducer to a reflective surface such as Wei (US 20200291776), Cooper (US 20170108615), and Stolarczyk (US 20080218400).
The independent claims, therefore, are not patent eligible.
With regards to the dependent claims, claims 8-12 provide additional features/steps which are part of an expanded abstract idea of the independent claims (additionally comprising abstract idea steps) and, therefore, these claims are not eligible without meaningful additional elements that reflect a practical application and/or additional elements that qualify for significantly more for substantially similar reasons as discussed with regards to Claim 1.
For example, additional elements in Claim 8, measuring resistivity to perform comparison is recited in generality and not meaningful-corresponds to insignificant extra-solution activity similar to measuring amplitude/phase in Claim 1.
Examiner Note
Dependent claims 2-7 are found eligible as they recite meaningful additional elements that indicate practical application.
Prior Art of Record
Hsu-Hsiang Wu et al. (US 20150369950) discloses a calibration method of a look-ahead logging while drilling measuring device (an illustrative logging while drilling (LWD) environment is shown in FIG. 1 [0022]), comprising:
hoisting the look-ahead logging while drilling measuring device vertically (Signal 1 can be calibrated by means of an air-hang measurement in which the tool is suspended sufficiently far from any conductive or partially conductive materials (e.g., 20 feet in the air) and the received signal responses noted [0042]) and
measuring an amplitude and phase of a signal received at the distance (The amplitude and phase shift values are provided by amplitude and phase shift detector 608 which is coupled to each of the receiver coils R.sub.1-R.sub.4 for this purpose [0033]); descending (implied in a vertical arrangements of different distances, in order to arrive at a second distance, emphasis added) the look-ahead logging while drilling measuring device by a second preset distance a plurality of times, and measuring an amplitude and phase of a received signal after each descent of the second preset distance, respectively to obtain measurement results (the tool having at least two spacing distances (d1, d2) between transmit and receive antennas; deriving from the signal measurements: orthogonal direct couplings (Vxx, Vyy, Vzz) …; generating a set of signals as a function of position in the borehole, Claim 1; The amplitude and phase shift values are provided by amplitude and phase shift detector 608 which is coupled to each of the receiver coils R.sub.1-R.sub.4 for this purpose [0033]).
However, Wu does not disclose setting a distance from the look-ahead logging while drilling measuring device to a reflective interface as a first preset distance, obtaining a first standard blank data, re-setting the distance from the look-ahead logging while drilling measuring device to the reflective interface as the first preset distance, measuring an amplitude and phase of a signal received at the distance to obtain a second standard blank data; and calculating a correction factor based on the first standard blank data, the measurement results, and the second standard blank data.
Xinghan Li et al., “Calibration method of azimuth electromagnetic boundary detection logging while drilling based on air–seawater double-layer dielectric as reflection interface”, Journal of Geophysics and Engineering (online published July 9, 2022), Volume 19, pp. 681–693, discloses setting a distance from the look-ahead logging while drilling measuring device to a reflective interface as a first preset distance and calculating a correction factor based on the first standard data, the measurement results, and the second standard data (an instrument calibration method based on sea level as the reflection interface is proposed in this paper, Abstract; an instrument calibration method based on sea level as azimuth signal reflection interface is proposed in this paper. Using the large conductivity contrast of air–seawater, the azimuth signal is larger. An accurate azimuth signal correction factor is obtained through an improved signal-to-noise ratio. At the same time, the wide sea surface can eliminate the influence of the edge effect.Fig.2; Table 1).
However, Lee only discusses azimuthal reflection and does not disclose hoisting the calibration device vertically and obtaining blank data.
Yijing Fan et al. (US 20230296802) discloses a calibration method of a look-ahead logging while drilling measuring device (The down hole tool 724 (e.g., similar to the logging tool 102) may comprise any of a number of different types of tools including MWD tools, LWD tools, and others [0047]; At block 802, one or more tilted transmitters of a logging tool may transmit one or more calibration signals through a substantially non-conductive substance during a calibration process. At block 804, a tilted receiver of the logging tool may receive the calibration signals during the calibration process, where the tilted transmitter is a respective distance apart from each of the tilt and receivers and the calibration signals each have a respective calibration frequency [0050]); hoisting the look-ahead logging while drilling measuring device vertically (For an air-hang measurement, the logging tool 102 may be operated in air—for example in a laboratory, factory setting, or at the surface of a drilling site—which may or may not be at standard temperature and pressure (STP). An air-hang measurement can therefore be represented by the logging tool 102 in the annular space where the annular fluid is air, such that the impact of a test formation on the air-hang measurement is zero or negligible [0024]), measuring an amplitude and phase of a signal received at the distance (absolute amplitude or phase of the… Z.sub.zzAir component [0030]; each transmitter and receiver pair may be separated by a distance (d) and may constitute one or more channels [0031]).
Wei Han et al. (US 20200291776) discloses setting a distance from measuring device to a reflective interface as a first and second preset distances (transmitting a plurality of pulses; measuring values for at least one wave property measured for reflections of the plurality of pulses received at least one acoustic receiver, including: a first value for a first reflection traveling a first known distance from a first acoustically reflective surface having a first known acoustic impedance, a second value for a second reflection traveling a second known distance substantially the same as the first known distance from a second acoustically reflective surface having a second known acoustic impedance … and estimating the acoustic parameter using the values, Abstract).
Examiner Note with Regards to Prior Art of Record
Claims 1-12 are distinguished over prior art of record based on the reasons below.
However, in regards to Claim 1, the claims differ from the closest prior art above, either singularly or in combination, because the art fails to anticipate or render obvious setting a distance from the look-ahead logging while drilling measuring device to a reflective interface as a first preset distance, obtaining a first standard blank data, re-setting the distance from the look-ahead logging while drilling measuring device to the reflective interface as the first preset distance, measuring an amplitude and phase of a signal received at the distance to obtain a second standard blank data; and calculating a correction factor based on the first standard blank data, the measurement results, and the second standard blank data, in combination with all other limitations in the claim as claimed and defined by applicant.
Allowable Subject Matter
Claims 2-7 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER SATANOVSKY whose telephone number is (571)270-5819. The examiner can normally be reached on M-F: 9 am-5 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Rastovski can be reached on (571) 270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER SATANOVSKY/
Primary Examiner, Art Unit 2857
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