DETAILED ACTION
Election/Restrictions
Applicant's election with traverse of Group II, Species C in the reply filed on 4/22/26 is acknowledged. The traversal is on the ground(s) that apparatus and method claims are closely related, and there is no undue burden to examine. This is not found persuasive because in this case the apparatus as claimed can be used to practice multiple different processes as evident by at least the different processes of independent claims 6, 11, and 16. Further, the inventions have acquired a separate status in the art in view of their different classification; the inventions have acquired a separate status in the art due to their recognized divergent subject matter; and/or the inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries). With respect to the species, having a sensor with three types of embodiments having 1 or multiple pressure sensors located at different places is considered independent or distinct. Even further, the search for one species may not need all of the parts of the other; and the search for the one species may not require the same search strategies as all of the details of the other species.
Lastly, the Election/Restriction requirement of 1/22/26 indicated that claims 6-10 were considered “generic” claims, which would be considered along with the chosen species. Applicant failed to identify the claims that correspond to the elected species, and have withdrawn the generic claims in the response of 4/22/26. The generic claims are hereby rejoined, and the examiner will examine both the generic claims as well as elected species C claims inclusive of claims 6-10 and claims 16-20.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the distal pressure monitor, the proximal pressure monitor, and the pressure sensor at the surface of the monitor wellbore of claim 16 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the seal comprising one or more accessories selected from a thermometer, flow meter, accelerometer, camera, data storage, battery, transmitter, check valve, control valve, pressure sensing valve, safety valve, wireline distributor, fiberoptic distributor must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The attempt to incorporate subject matter into this application by reference to non-patent literature/publication in par. [0053] is improper.
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 Objections
Claims 6-10 and 16-20 are objected to because of the following informalities:
The term “sufficient length” in claim 6, line 4 (as well as claim 16, line 5) is a relative term which renders the claim indefinite. The term “sufficient length” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 6 and 16 recite “steps d & e” which should be replaced with - -steps d) and e)- - in order to provide proper claim language.
Claim 16, line 8, the term “said processor sensors” lacks antecedent basis in the claim.
Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6-10 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over HAUSTVEIT ET AL (US 2023/0058311 cited by applicant).
With respect to claim 6, HAUSTVEIT ET AL discloses a method to measure a sealed wellbore pressure (Figs. 6, 9, 16) comprising: a) identifying a monitor wellbore 622/906 to be sealed said monitor wellbore adjacent a treatment wellbore 620/902, 904; b) pumping a temporary seal ([0045], [0208] sealed control valves) into said monitor wellbore until a sufficient length of wellbore is sealed; c) installing a pressure sensor at the surface 630, [0106] (Figs. 6, 9, 16) of said monitor wellbore; d) treating (fracturing) said treatment wellbore while measuring pressure at said pressure sensor; e) recording said sealed wellbore pressure (via transducers/monitors 644-650/920, 922) from said monitor wellbore; f) repeating steps d & e until said treatment wellbore has been completely treated (fracturing in stages). See additionally pars. [0091-0129], [0137-0153], [0208-0224].
However, HAUSTVEIT ET AL fails to explicitly teach g) removing said temporary seal as claimed. [0208] teaches while pressure within the monitoring portion is below a cracking/set pressure of the pressure control valve, the uphole monitoring portion remains substantially sealed. When pressure increases within the uphole monitoring portion, the pressure control valve opens, unsealing the wellbore and permitting fluid to flow from the wellbore.” The method of HAUSTVEIT ET AL teaches opening the valve in the seal to solve the same problem as removing the seal in order to open the wellbore to permit flow. Therefore, it would be considered obvious expedient to remove the seal if desired.
With respect to claim 16, HAUSTVEIT ET AL discloses a method to measure a sealed wellbore pressure (Figs. 6, 9, 16) and a poroelastic response [0033] comprising: a) identifying a monitor wellbore 622/906 to be sealed said monitor wellbore adjacent a treatment wellbore 620/902, 904; b) pumping a temporary seal ([0045], [0208] sealed control valves) into said monitor wellbore until a sufficient length of wellbore is sealed said temporary seal having a distal pressure monitor and a proximal pressure monitor (transducers/monitors 644-650/920, 922); c) installing a pressure sensor at the surface 630, [0106] of said monitor wellbore; d) treating (fracturing) said treatment wellbore while measuring pressure at said pressure sensors; e) recording a sealed wellbore pressure and a poroelastic response from said monitor wellbore (transducers/monitors 644-650/920, 922 send messages to surface monitor); f) repeating steps d & e until said treatment wellbore has been completely treated (fracturing in stages). See additionally pars. [0091-0129], [0137-0153], [0208-0224].
However, HAUSTVEIT ET AL fails to explicitly teach g) removing said temporary seal as claimed. [0208] teaches while pressure within the monitoring portion is below a cracking/set pressure of the pressure control valve, the uphole monitoring portion remains substantially sealed. When pressure increases within the uphole monitoring portion, the pressure control valve opens, unsealing the wellbore and permitting fluid to flow from the wellbore.” The method of HAUSTVEIT ET AL teaches opening the valve in the seal to solve the same problem as removing the seal in order to open the wellbore to permit flow. Therefore, it would be considered obvious expedient to remove the seal if desired.
With respect to claims 7 and 17, HAUSTVEIT ET AL teaches wherein said temporary seal is selected from a cup, ball, dart, pig, FDI valve, or disposable bottom hole assembly (packer valves, Figs. 6, 9, 16).
With respect to claims 8 and 18, HAUSTVEIT ET AL teaches 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 (644-650/920, 922). With regard to the various accessories of the Markush group recited in the claim, the Examiner would like to note that the accessories 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 accessories in the method of HAUSTVEIT ET AL, as based on the desired treatment to be applied therewith.
With respect to claims 9 and 19, HAUSTVEIT ET AL teaches wherein one or more sensors on said temporary seal transmits data through a wireline or fiber optic cable [0045].
With respect to claims 10 and 20, HAUSTVEIT ET AL teaches 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 (abstract, claims). With regard to the various treatment wells of the Markush group recited in the claim, the Examiner would like to note that the treatment wells 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 treatment wells in the method of HAUSTVEIT ET AL, as based on the desired treatment to be applied therewith.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2022/0228484 teaches a process in which cement sheath integrity, perforation cluster spacing and frac plug integrity can be assessed for every frac stage, potentially leading to improvements in stimulation, completion, cementing and drilling practices.
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 6/26/2026
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