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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-12, 19 and 20 in the reply filed on 01/15/26 is acknowledged. The traversal is on the grounds that a search for the subject matter of the claimed methods would necessarily encompass a search for the subject matter of claims 13-18, which are directed to systems for performing the method recited in claim 1-12, 19 and 20.
This is not found persuasive because the inventions would encompass a different field of search including employing different search queries and the prior art applicable to, for example, the system, may not be applicable to the method and vice versa. For example, the system does not require production flow within the same well as the tracer and/or a component to sample the production flow and/or measure the concentration of the tracer therein. The system further does not require a means for calculating influx volume or contribution of flow. Thus, prior art applicable to the system would not necessarily be applicable to the method and vice versa.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings were received on 01/15/26. These drawings are accepted.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by NYHAVN (US 2013/0245948 – cited previously).
With respect to independent claim 19, NYHAVN discloses a method of collecting samples for later analysis in estimating an influx profile for at least one well fluid from a reservoir to a producing petroleum well with at least one influx zone to a production flow ([0057]); wherein the reservoir comprises distinct tracer molecules for each of the at least one influx zones ([0036] and [0058], wherein different tracers are installed at different locations); wherein the method comprises: inducing production flow in the well ([0059]); and collecting samples downstream of the at least one influx zone at known sampling times ([0060]).
Terminal Disclaimer
The terminal disclaimer filed on 01/15/26 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent 12,110,787 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s arguments and amendments made with respect to the 35 USC 112(b) rejections, as set forth in the previous office action, have been fully considered and are persuasive. The 35 USC 112(b) rejections, as set forth therein, have been withdrawn.
Applicant’s arguments with respect to the 35 USC 103 rejections of claims 1-12, 19 and 20, as unpatentable over Cullick in view of Nyhavn, as set forth in the previous office action, have been fully considered and are persuasive. The 35 USC 103 rejections as set forth therein have been withdrawn. However, upon further consideration and Applicant’s amendments to independent claim 19, a new grounds of rejection has been made with respect thereto
Allowable Subject Matter
Claims 1-12 are allowed.
Claim 20 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 9,290,689 discloses a method wherein tracer sources are placed in respective subterranean locations and tracer substances are caused to flow out from the tracer particles while the particles are at the respective locations. The reference, however, fails to disclose, teach and/or suggest at least the isolation of an influx zone and/or the pumping of a fluid downhole to transport the tracer substances from the well and through the isolated influx zone into the reservoir as claimed.
US 10,815,775 discloses the release of tracer molecules from tracer sources placed along a wellbore. The reference, however, fails to disclose, teach and/or suggest the isolation of an influx zone and pumping of a fluid downhole to transport the tracer molecules from the tracer sources into the reservoir as instantly claimed.
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 Angela M DiTrani Leff whose telephone number is (571)272-2182. The examiner can normally be reached Monday-Friday, 9AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at 5712724137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Angela M DiTrani Leff/Primary Examiner, Art Unit 3674
ADL
02/21/26