DETAILED ACTION
Specification
The attempt to incorporate subject matter into this application by reference to non-patent literature/publication in par. [0053] is ineffective because the last statement before listing references states ”Each of the references below is incorporated in their entirety for all purposes.” This statement disqualifies reference number 7 listed thereafter.
The incorporation of essential material in the specification by reference to an unpublished U.S. application, foreign application or patent, or to a publication is improper. Applicant is required to amend the disclosure to include the material incorporated by reference, if the material is relied upon to overcome any objection, rejection, or other requirement imposed by the Office. The amendment must be accompanied by a statement executed by the applicant, or a practitioner representing the applicant, stating that the material being inserted is the material previously incorporated by reference and that the amendment contains no new matter. 37 CFR 1.57(g).
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.
Claim(s) 6-10 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over CA’313 (CA 3088313).
With respect to claim 6, CA’313 discloses a method to measure a sealed wellbore pressure comprising:
a) identifying a monitor wellbore 550 to be sealed said monitor wellbore adjacent a treatment wellbore 510;
b) pumping a temporary seal into said monitor wellbore until said wellbore is sealed, said temporary seal sealing the section of the monitor well adjacent to the area being treated [0320-0361];
c) treating said treatment wellbore while measuring pressure [0320-0361];
d) recording said sealed wellbore pressure from said monitor wellbore [0320-0361];
e) repeating steps c) and d) until said treatment wellbore has been completely treated (stage fracturing, [0320-0361]); and
f) removing said temporary seal [0361]. See additionally Figs. 1-5, and [0193-0196].
With respect to claim 7, CA’313 teaches or otherwise makes obvious wherein said temporary seal is selected from a cup, ball, dart, pig, FDI valve, or disposable bottom hole assembly [0196], Fig. 4D. With regard to the various items of the Markush group recited in the claim, the Examiner would like to note that the items of the Markush group are being considered as obvious variants, and, therefore, it would have been obvious to one having ordinary skill to employ such alternative items in the system/method of CA’313, as based on the desired treatment to be applied therewith.
With respect to claim 8, CA’313 teaches or otherwise makes obvious wherein said temporary seal comprises one or more accessories selected from a pressure sensor, thermometer, flow meter, accelerometer, camera, data storage, battery, transmitter, check valve, burst disk, control valve, pressure sensing valve, safety valve, wireline distributor, fiberoptic distributor, or combinations thereof (see at least valve 610). With regard to the various items of the Markush group recited in the claim, the Examiner would like to note that the items of the Markush group are being considered as obvious variants, and, therefore, it would have been obvious to one having ordinary skill to employ such alternative items in the system/method of CA’313, as based on the desired treatment to be applied therewith.
With respect to claim 9, CA’313 teaches or otherwise makes obvious wherein one or more sensors on said temporary seal transmits data through a wireline or fiber optic cable [0314].
With respect to claim 10, CA’313 teaches or otherwise makes obvious wherein a treatment for said treatment well is selected from fracturing, refracturing, acid fracturing, washing, water jetting, cementing, completion, pressure testing, chemical treatment, scale removal, H2S treatment, nitrogen treatment, high pressure breakdown, gas storage, liquid storage, and other well pumping operation [0320-0361]. With regard to the various items of the Markush group recited in the claim, the Examiner would like to note that the items of the Markush group are being considered as obvious variants, and, therefore, it would have been obvious to one having ordinary skill to employ such alternative items in the system/method of CA’313, as based on the desired treatment to be applied therewith.
With respect to claim 16, CA’313 discloses a method to measure a sealed wellbore pressure and a poroelastic response comprising:
a) identifying a monitor wellbore 550 to be sealed said monitor wellbore adjacent a treatment wellbore 510;
b) pumping a temporary seal into said monitor wellbore until said wellbore is sealed said temporary seal having a distal pressure monitor and a proximal pressure monitor, said temporary seal sealing the section of the monitor well adjacent to the area being treated [0193-0196], [0320-0361];
c) treating said treatment wellbore while measuring pressure at said distal pressure sensor and said proximal pressure sensor;
d) recording a sealed wellbore pressure and a poroelastic response from said monitor wellbore [0320-0361], especially [0334-0336];
e) repeating steps c) and d) until said treatment wellbore has been completely treated (stage fracturing, [0320-0361]); and
f) removing said temporary seal [0361]. See additionally Figs. 1-5, and [0193-0196].
With respect to claim 17, CA’313 teaches or otherwise makes obvious wherein said temporary seal is selected from a cup, ball, dart, pig, FDI valve, or disposable bottom hole assembly [0196], Fig. 4D. With regard to the various items of the Markush group recited in the claim, the Examiner would like to note that the items of the Markush group are being considered as obvious variants, and, therefore, it would have been obvious to one having ordinary skill to employ such alternative items in the system/method of CA’313, as based on the desired treatment to be applied therewith.
With respect to claim 18, CA’313 teaches or otherwise makes obvious wherein said temporary seal comprises one or more accessories selected from a pressure sensor, thermometer, flow meter, accelerometer, camera, data storage, battery, transmitter, check valve, burst disk, control valve, pressure sensing valve, safety valve, wireline distributor, fiberoptic distributor, or combinations thereof (see at least valve 610). With regard to the various items of the Markush group recited in the claim, the Examiner would like to note that the items of the Markush group are being considered as obvious variants, and, therefore, it would have been obvious to one having ordinary skill to employ such alternative items in the system/method of CA’313, as based on the desired treatment to be applied therewith.
With respect to claim 19, CA’313 teaches or otherwise makes obvious wherein one or more sensors on said temporary seal transmits data through a wireline or fiber optic cable [0314].
With respect to claim 20, CA’313 teaches or otherwise makes obvious wherein a treatment for said treatment well is selected from fracturing, refracturing, acid fracturing, washing, water jetting, cementing, completion, pressure testing, chemical treatment, scale removal, H2S treatment, nitrogen treatment, high pressure breakdown, gas storage, liquid storage, and other well pumping operation [0320-0361]. With regard to the various items of the Markush group recited in the claim, the Examiner would like to note that the items of the Markush group are being considered as obvious variants, and, therefore, it would have been obvious to one having ordinary skill to employ such alternative items in the system/method of CA’313, as based on the desired treatment to be applied therewith.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 ZAKIYA W BATES whose telephone number is (571)272-7039. The examiner can normally be reached M-F 8:30am - 5pm.
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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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/ZAKIYA W BATES/Primary Examiner, Art Unit 3674 10/8/2026
