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 Arguments
Applicant’s arguments with respect to claim(s) 1-15 have been considered but are moot as they do not pertain to the prior art rejections made below.
Claim Objections
Claim 14 is objected to because of the following informalities:
As concerns claim 14, the claim incorrectly depends from itself, however has been examined as if it depended from claim 13.
Appropriate correction is required.
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 1-8 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Comini et al (US 11,242,740).
As concerns claim 1, Comini (US 11,242,740) discloses a system for detecting the level of cement during well construction (Comini – Figure 1 shows a partially uncemented well) comprising:
a well casing (Comini - 101) that is partially uncemented, a gamma ray logging device (Comini - 2000), a wire (Comini - 3000) and a computer (Comini – 4000).
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As concerns claim 2, Comini discloses the system of claim 1, wherein the gamma ray logging device comprises:
an open position and a closed position (Comini – Figures 4 and 3); and
when in the open position, a portion (Comini – 206) of the gamma ray logging device is in close proximity to an interior wall of the well casing (Comini – Figure 4 illustrates where in the device is in the open position with the caliper 202 out, and is close to the wall on the right side of the bore).
As concerns claim 3, Comini discloses the system of claim 1 wherein a first end of the wire (Comini – 3000) is in electrical communication with the gamma ray logging device and a second end of the wire is in electrical communication with the computer. (Comini – Figure 7 illustrates the claimed connection; Column 5, Line 66 to Column 6, Line 12 discusses the connection)
As concerns claim 4, Comini discloses the system of claim 1 wherein:
the gamma ray logging device (Comini – 2000) comprises an open position and a closed position (Comini – Figure 4 illustrates where in the device is in the open position with the caliper 202 out, and is close to the wall on the right side of the bore);
the gamma ray logging device comprises an arm (Comini - 202) and a first member (Comini – 206);
when the gamma ray logging device is in the open position, the arm of the gamma ray logging device pushes the first member of the gamma ray logging device toward an interior wall of the casing until the first member of the gamma ray logging device is in close proximity to the inner wall of the casing. (Comini – Column 6, Lines 13-33, “…the caliper arm 202 is extended to engage the inside 120 of the bore of the well casing 101. This engagement also forces the skid 206 into contact with the inside 120 of the bore of the well casing 101 opposite the caliper arm 202.”).
As concerns claim 5, Comini discloses the system of claim 1, wherein the gamma ray logging device is off center with respect to the central axis of the well. (Comini – Figures 3 and 4 illustrate wherein the logging device 2000 is off of the central axis of the well.)
As concerns claim 6, Comini discloses a method of measuring a level of cement during well construction comprising:
lowering a gamma ray logging device (Comini - 2000) into an uncemented or partially uncemented casing (Comini – 101, Figure 1) of a well via a wire (Comini – 3000) wherein a first end of the wire is in electrical communication with the gamma ray logging device and a second end of the wire is in electrical communication with a computer (Comini – 4000) on the surface (Comini – Figure 7 illustrates the claimed connection; Column 5, Line 66 to Column 6, Line 12 discusses the connection);
lowering the gamma ray logging device to a desired depth within the well (Column 6, Lines 13-33);
recording the depth of the gamma ray logging device (Comini - Column 6, Line 34 to Column 7, line 5); and
measuring gamma rays using the gamma ray logging device (Comini - Column 6, Line 34 to Column 7, line 5.
As concerns claim 7, Comini discloses the method of claim 6 wherein the gamma ray logging device is placed off center with respect to the central axis of the well. (Comini – Figures 3 and 4 illustrate the logging device being off center)
As concerns claim 8, Comini discloses the method of claim 6 further comprising the gamma ray logging device transmitting gamma ray data to the computer. (Comini – Column 7, Lines 6-25)
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 of this title, 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 9, 10, 11, 12, 13, 14, 15, are rejected under 35 U.S.C. 103 as being unpatentable by Comini et al (US 11,242,740) in view of Kent et al (US 2019/153849).
As concerns claim 9, Comini discloses the method of claim 8.
Comini fails to specify further comprising cementing the well casing by pumping cement into the well.
Kent et al (US 2019/153849), however, teaches the measurement during the cementing process and the subsequent discontinuing of cementing once a desired signal is obtained. (At least Paragraphs [0012], [0117], [0118], [0065] and Figure 3.)
Therefore, it would have been obvious to modify Comini as taught by Kent to include the use of the logging tool to continue monitoring gamma rays while additional cement was being pumped into the well annulus to raise the top of cement level to the correct height for the expected benefit of being able to adjust the level of cement in real time, increasing the efficiency of the cementing process by cutting out downtime between the previously-separate tasks of logging and cementing, to obtain the invention as specified in the claim.
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As concerns claim 10, the combination discloses the method of claim 9 further comprising discontinuing pumping of cement into the well when the recorded gamma ray data indicates a spike in gamma rays. (Kent - At least Paragraphs [0012], [0117], [0118], [0065] and Figure 3.)
As concerns claim 11, the combination discloses the method of claim 10 wherein at the time the gamma ray data indicates a spike in gamma rays, the depth of the cement is determined to be the same depth as the recorded depth of the gamma ray logging device. (Kent – At least Paragraph [0065] indicates wherein a correlation between gamma ray emissions and a location of the top of cement along the casing exists)
As concerns claim 12, the combination discloses the method of claim 11 further comprising:
raising the gamma ray logging device to a second desired depth (Comini – 805, Figure 8, ‘raise measurement tool’);
recording the second depth of the gamma ray logging device (Comini – 803, Figure 8);
pumping cement into the well (Kent – at least Paragraph [0065]);
discontinuing pumping cement into the well when the gamma ray data indicates a spike in gamma rays (Kent – Paragraph [0065] teaches the stopping or adjusting of the pumping of cement based on received data from downhole sensors);
determining the depth of cement at the time of the gamma ray data indicated a spike in gamma rays to be the same depth as the second depth of the gamma ray logging device (Kent – At least paragraph [0065], whereby Kent discloses “the control unit may monitor the actual location of the cement along the tubular member”).
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As concerns claim 13, Comini discloses a method for measuring the depth of cement during well construction comprising:
lowering a gamma ray logging device into a well via a wire wherein a first end of the wire is in electrical communication with the gamma ray logging device and a second end of the wire is in electrical communication with a computer at the surface of the well (Comini – Figure 8, Step 801);
lowering the gamma ray logging device to a first desired depth and recording the first desired depth of the gamma ray logging device (Comini – Figure 8, Step 801);
activating an arm of the gamma ray logging device which extends a member of the gamma ray logging device towards an inner wall of a casing and into close proximity with the inner wall of the casing (Comini – at least Column 7, Lines 62-64; “If the measurement tool 2000 is being lowered, the caliper arm 202 is retracted. If the measurement tool 2000 is being raised, the caliper arm 202 is extended.”);
activating the gamma ray logging device to begin measuring gamma ray data (Comini – At least Figure 8, Step 802. 803);
the gamma ray logging device recording natural gamma radiation in a formation (Comini – At least Figures 6, 7 and 8.);
the gamma ray logging device transmitting the gamma ray data to the computer (Comini – Figure 7).
Comini fails to specify further comprising pumping cement into, and discontinuing pumping cement when gamma ray data indicates a spike.
Kent et al (US 2019/153849), however, teaches the measurement during the cementing process and the subsequent discontinuing or adjusting of cementing once a desired signal is obtained. (At least Paragraphs [0012], [0117], [0118], [0065] and Figure 3.)
Therefore, it would have been obvious to modify Comini as taught by Kent to include the use of the logging tool to continue monitoring gamma rays while additional cement was being pumped into the well annulus to raise the top of cement level to the correct height for the expected benefit of being able to adjust the level of cement in real time, increasing the efficiency of the cementing process by cutting out downtime between the previously-separate tasks of logging and cementing, to obtain the invention as specified in the claim.
As concerns claim 14, the combination discloses the method of claim 13 further comprising:
raising the gamma ray logging device to a second desired depth and recording the second gamma ray device depth (Comini – Figure 8, Step 805);
continuing to record and transmit gamma ray data (Comini – Figure 8, Step 805; the measurement is continued during the entire trip out of the borehole);
resuming pumping cement into the well (Kent – Paragraph [0065] teaches the stopping or adjusting of the pumping of cement based on received data from downhole sensors);
discontinuing pumping cement into the well when the gamma ray data indicates a spike in gamma rays. (Kent – Paragraph [0065] teaches the stopping or adjusting of the pumping of cement based on received data from downhole sensors; Kent further discloses “the control unit may monitor the actual location of the cement along the tubular member”);
As concerns claim 15, the combination discloses the method of claim 14 further comprising repeating the following steps until the cementing of the casing is complete:
raising the gamma ray logging device to a new desired depth and recording the new depth (Comini – Figure 7, 8 and 9; raising is continued along the top of the bore is reached, during which time, measuring is occurring);
measuring and transmitting gamma ray data;
pumping cement; and
discontinuing pumping cement when the gamma ray data indicates a spike in gamma rays. (Kent – At least Figure 3 and Paragraph [0118] discuss the repetition of measuring and pumping or discontinuing pumping)
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable by Comini et al (US 11,242,740) ALONE.
As concerns claim 16, Comini discloses the system of claim 1, wherein the gamma ray logging device further comprises a cable head adapter (Comini – a cable head adapter is inherent in attaching the unit 2000 to the cable 3000);
a cable head to gamma ray logging device adapter (Comini – under the BRI, this is anticipated by the element 201 shown in Figure3 of Comini that connects the upper section of the tool to the lower section), a first member (Comini - 206), an offsetting arm (Comini - 202).
Comini fails to disclose a temperature tool; and
the first member comprises a gamma ray crystal and a gamma ray crystal protective housing.
The examiner takes official notice that it is old and well known in the art to gamma ray crystals within a protective housing for the purpose of logging gamma ray data within a wellbore, as evidenced by Seevers (US 2,850,642).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have included a crystal within a housing for the expected benefit of using reliable and proven methods of gamma ray detection while also protecting the crystal from the harsh environment of the wellbore.
Thus, one of ordinary skill in the art would have recognized that using a gamma ray crystal and associated housing would have provided predictable results and a reasonable expectation of success.
Therefore, it would have been obvious to modify Comini as taught by Official Notice to obtain the invention as specified in the claim.
The examiner takes further official notice that it is old and well known in the art to incorporate temperature sensors into logging tools for capture of temperature data downhole.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have to incorporate a temperature tool for the expected benefit of gaining further insight into the state of the downhole environment, and being able to note any temperature fluctuations which could indicate exothermic reactions (i.e. with curing cement) or unintended inflows of fluid (reservoir fluid).
Thus, one of ordinary skill in the art would have recognized that using a temperature tool would have provided predictable results and a reasonable expectation of success.
Therefore, it would have been obvious to modify Comini as taught by Official Notice to obtain the invention as specified in the claim.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable by Comini et al (US 11,242,740) in view of Kasperski et al (US 2016/0230532).
As concerns claim 17, Comini discloses the method of claim 6.
Comini fails to specify wherein the depth of the gamma ray logging device is determined using markings on the wire.
Kasperski et al (US 2016/0230532) however teaches a conveyance for use with a logging tool, wherein the conveyance comprises depth markings (Kasperski – Figure 1, element 122).
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Therefore, it would have been obvious to modify Comini as taught by Kasperski to include markings on the wire or cable for the expected benefit of providing a means of checking the current cable deployment length visually, and be able to verify that the equipment readings are correct, and thereby obtain the invention as specified in the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON L LEMBO whose telephone number is (571)270-3065. The examiner can normally be reached Monday-Friday, 7am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON L LEMBO/
Primary Examiner
Art Unit 3679