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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “adequate levels” in claim 1 is a relative term which renders the claim indefinite. The term “adequate levels” 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. The term needs to have a purpose for the “adequate level” currently it recites “maintaining a pumping flow rate and the cement slurry displacement at adequate levels” to accomplish/prevent what? Further clarification is required.
Claims 2-5 recite all of the indefinite limitations of claim 1, and are therefore rejected as being indefinite as well.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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. The closest prior art of record is Kaageson-Loe et al. (US 8,401,795, hereafter Kaageson-Loe). Kaageson-Loe discloses a method for planning a wellbore. It includes defining drilling data for drilling a segment of a planned wellbore and identifying a risk zone in the segment. Additionally, it includes determining an expected fluid loss for the risk zone and selecting a solution to reduce fluid loss in the risk zone. It also discloses treating drilling fluid loss at a drilling location, by calculating a drilling fluid loss rate at the drilling location, classifying the drilling fluid loss based on the drilling fluid loss rate, and selecting a solution based at least in part on the classifying, which may include a cement slurry (col. 8:14-33).
The other cited art all show similar features to those of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL P STEPHENSON whose telephone number is (571)272-7035. The examiner can normally be reached M-F 10am-6pm.
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/DANIEL P STEPHENSON/Primary Examiner, Art Unit 3676