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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the abstract is a single sentence, approximately half of which is the title. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Drawings
The drawings are objected to because they are grey scale and of poor line quality. Every line, number, and letter must be durable, clean, black, sufficiently dense and dark, and uniformly thick and well-defined. See MPEP 608.02 and 37 CFR 1.84.
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.
Information Disclosure Statement
If applicable, The Office would like to remind Applicant of the time limits set forth under 37 CFR 1.97.
Claim Interpretation
Claims 1-10 are apparatus claims that include, or depend from claims that include, timing and/or process limitations (e.g. “when the perforating gun string is deployed…the downhole imaging device is adapted to…”) and are being read and examined as product by process claims. (e.g. the downhole imaging device is adapted during the deployment of the perforating gun) See MPEP 2113 which states in part “PRODUCT-BY-PROCESS CLAIMS ARE NOT LIMITED TO THE MANIPULATIONS OF THE RECITED STEPS, ONLY THE STRUCTURE IMPLIED BY THE STEPS
“[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process…However, in the context of an infringement analysis, a product-by-process claim is only infringed by a product made by the process recited in the claim.”
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 4 is 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.
Claims 4 include, or depend from claims that include, the limitation(s): "one or more acoustic sensors, or more other imaging sensors, or a combination thereof.” It is unclear if text is missing from the claim (e.g. one or more…) or if not, what the limitation “or more other imaging sensors” refers to.
Clarification and/or correction are required. No new matter may be entered. The claims will be read and examined as best understood.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 4 depends from claim 1, claim 1 already requires an imaging device and claim 4 limits the imaging device to specific types of imaging devices listed in a group, however, the group is open and comprises all imaging device sensors (e.g. “one or more… or more other imaging sensors”) and thus fails to limit claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1-2, 4, 7, 11-12, 14, 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alruwaili (US 20220178229).
Regarding claim 1, Alruwaili teaches: A perforating gun string deployable, via a conveyance string (Alruwaili 112), into a wellbore that penetrates one or more subterranean formations, the perforating gun string comprising:
one or more perforating guns (Alruwaili [0035, 0044]),
wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore,
the one or more perforating guns are detonable (Alruwaili [0035, 0044]) to perforate a casing (Alruwaili 139) of the wellbore proximate a target zone of the one or more subterranean formations; and
a downhole imaging device (Alruwaili [0064]), wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore, the downhole imaging device is adapted to (Alruwaili [0064]) collect downhole imaging data relating to one or more perforations in the casing:
(i) before detonating the one or more perforating guns;
(ii) between detonating first and second perforating guns of the one or more perforating guns;
(iii) after detonating the one or more perforating guns; or
(iv) any combination of (i), (ii), (iii).
Regarding claim 2, Alruwaili teaches: The perforating gun string of claim 1, further comprising:
a setting tool (Alruwaili [0039]); and
a plug (Alruwaili 156);
wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore: the plug is actuable (Alruwaili [0039]) by the setting tool at a location proximate (Alruwaili Fig. 2) the target zone of the one or more subterranean formations; and
the downhole imaging device is positioned (Alruwaili [0064]) uphole from the plug.
Regarding claim 4, Alruwaili teaches: The perforating gun string of claim 1, wherein the downhole imaging device comprises one or more imaging sensors (Alruwaili [0064]); and wherein the one or more imaging sensors comprise one or more ultrasonic sensors, one or more acoustic sensors, or more other imaging sensors, or a combination thereof.
Regarding claim 7, Alruwaili teaches: The perforating gun string of claim 1, wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore, the downhole imaging device is adapted (Alruwaili [0064]) to telemetrically communicate the collected downhole imaging data to a surface-based control system.
Regarding claim 11, Alruwaili teaches: A method, comprising:
deploying (Alruwaili via 112) a perforating gun string, via a conveyance string, into a wellbore that penetrates one or more subterranean formations;
detonating (Alruwaili [0035, 0044]) one or more perforating guns of the perforating gun string to perforate a casing of the wellbore proximate a target zone of the one or more subterranean formations; and
collecting (Alruwaili [0064]), using a downhole imaging device of the perforating gun string, downhole imaging data relating to (Alruwaili [0064]) one or more perforations in the casing:
(i) before detonating the one or more perforating guns;
(ii) between detonating first and second perforating guns of the one or more perforating guns;
(iii) after detonating the one or more perforating guns; or
(iv) any combination of (i), (ii), (iii).
Regarding claim 12, Alruwaili teaches: The method of claim 11, further comprising:
Actuating (Alruwaili [0039]), using a setting tool of the perforating gun string,
a plug (Alruwaili 156) of the perforating gun string at a location proximate (Alruwaili Fig. 2) the target zone of the one or more subterranean formations;
wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore, the downhole imaging device is positioned (Alruwaili [0064]) uphole from the plug.
Regarding claim 14, Alruwaili teaches: The method of claim 11, wherein the downhole imaging device comprises one or more imaging sensors; and wherein the one or more imaging sensors (Alruwaili [0064]) comprise one or more ultrasonic sensors, one or more acoustic sensors, or more other imaging sensors, or a combination thereof.
Regarding claim 17, Alruwaili teaches: The method of claim 11, wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore, the downhole imaging device is adapted (Alruwaili [0064]) to telemetrically communicate the collected downhole imaging data to a surface-based control system.
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.
Claim(s) 3, 10, 13, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alruwaili in view of Willimas (US 20160319651).
Regarding claim 3, Alruwaili teaches: The perforating gun string of claim 1, but does not expressly state: further comprising:
a firing head;
wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore: the firing head is actuable to initiate detonating of the one or more perforating guns; and the downhole imaging device is positioned downhole from the firing head.
Willimas teaches a downhole perforation tool (Willimas comprising 44) comprising explosive charges (Willimas [0050]), a firing head (Willimas comprising 42) and an imaging device (Willimas 48); wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore: the firing head is actuable (Willimas [0043, 0050]) to initiate detonating of the one or more perforating guns; and the downhole imaging device is positioned (Willimas Fig. 1) downhole from the firing head.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Alruwaili to have used the known relative positioning of the electronics and imaging system downhole from the explosive charges as Alruwaili is silent to the specific positioning and using the relative positioning described in Willimas yields the predictable result of allowing the operator image the borehole and form perforations in a known and predictable way. Additionally, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ).
Regarding claim 10, Alruwaili teaches: The perforating gun string of claim 1, but does not describe the relative position of the imaging device on the tool or expressly state: wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore, the downhole imaging device is positioned downhole in the perforating gun string from a bottommost perforating gun of the one or more perforating guns.
Willimas teaches a downhole perforation tool (Willimas comprising 44) comprising explosive charges (Willimas [0050]), a firing head (Willimas comprising 42) and an imaging device (Willimas 48); the downhole imaging device is positioned downhole (Willimas Fig. 1) in the perforating gun string from a bottommost perforating gun of the one or more perforating guns.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Alruwaili to have used the known relative positioning of the electronics and imaging system downhole from the explosive charges as Alruwaili is silent to the specific positioning and using the relative positioning described in Willimas yields the predictable result of allowing the operator image the borehole and form perforations in a known and predictable way. Additionally, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ).
Regarding claim 13, Alruwaili teaches: The method of claim 11, but does not expressly state: further comprising:
actuating a firing head of the perforating gun string to initiate the detonating of the one or more perforating guns; wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore, the downhole imaging device is positioned downhole from the firing head.
Willimas teaches a downhole perforation tool (Willimas comprising 44) comprising explosive charges (Willimas [0050]), a firing head (Willimas comprising 42) and an imaging device (Willimas 48); further comprising:
actuating (Willimas [0043, 0050]) the firing head of the perforating gun string to initiate the detonating of the one or more perforating guns; wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore, the downhole imaging device is positioned (Willimas Fig. 1) downhole from the firing head.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Alruwaili to have used the known relative positioning of the electronics and imaging system downhole from the explosive charges as Alruwaili is silent to the specific positioning and using the relative positioning described in Willimas yields the predictable result of allowing the operator image the borehole and form perforations in a known and predictable way. Additionally, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ).
Regarding claim 20, Alruwaili teaches: The method of claim 11, but does not describe the relative position of the imaging device on the tool or expressly state: wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore, the downhole imaging device is positioned downhole in the perforating gun string from a bottommost perforating gun of the one or more perforating guns.
Willimas teaches a downhole perforation tool (Willimas comprising 44) comprising explosive charges (Willimas [0050]), a firing head (Willimas comprising 42) and an imaging device (Willimas 48); the downhole imaging device is positioned downhole (Willimas Fig. 1) in the perforating gun string from a bottommost perforating gun of the one or more perforating guns.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Alruwaili to have used the known relative positioning of the electronics and imaging system downhole from the explosive charges as Alruwaili is silent to the specific positioning and using the relative positioning described in Willimas yields the predictable result of allowing the operator image the borehole and form perforations in a known and predictable way. Additionally, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ).
Claim(s) 5, 8, 15, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alruwaili in view of Al-Mashhad (US 20240301772).
Regarding claim 5, Alruwaili teaches: The perforating gun string of claim 1, but does not expressly state: wherein the downhole imaging device comprises a battery adapted to provide electrical power to the one or more imaging sensors after at least one of the one or more perforating guns has been detonated.
Al-Mashhad teaches a downhole perforation tool (Al-Mashhad 100) comprising shaped charges (Al-Mashhad 132) and an imaging device (Al-Mashhad 126/114); wherein the downhole imaging device comprises a battery (Al-Mashhad [0040]) adapted to provide electrical power to the one or more imaging sensors after at least one of the one or more perforating guns has been detonated.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Alruwaili to include a battery in order to provide backup power to the system if surface power fails or to provide voltage / current smoothed power for sensitive electronics which can fail or malfunction with power fluctuations common at rig/well sites.
Regarding claim 8, Alruwaili teaches: The perforating gun string of claim 1, but does not describe the relative position of the imaging device on the tool or expressly state: wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore, the downhole imaging device is positioned uphole in the perforating gun string from a topmost perforating gun of the one or more perforating guns.
Al-Mashhad teaches a downhole perforation tool (Al-Mashhad 100) comprising shaped charges (Al-Mashhad 132) and an imaging device (Al-Mashhad 126/114); wherein the downhole imaging device is positioned uphole (Al-Mashhad Fig. 1) in the perforating gun string from a topmost perforating gun of the one or more perforating guns.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Alruwaili to have used the known relative positioning of the electronics and imaging system uphole from the shaped charges as Alruwaili is silent to the specific positioning and using the relative positioning described in Al-Mashhad yields the predictable result of allowing the operator image the borehole and form perforations in a known and predictable way. Additionally, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ).
Regarding claim 15, Alruwaili teaches: The method of claim 11, but does not expressly state: wherein the downhole imaging device comprises a battery adapted to provide electrical power to the one or more imaging sensors after at least one of the one or more perforating guns has been detonated.
Al-Mashhad teaches a downhole perforation tool (Al-Mashhad 100) comprising shaped charges (Al-Mashhad 132) and an imaging device (Al-Mashhad 126/114); wherein the downhole imaging device comprises a battery (Al-Mashhad [0040]) adapted to provide electrical power to the one or more imaging sensors after at least one of the one or more perforating guns has been detonated.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Alruwaili to include a battery in order to provide backup power to the system if surface power fails or to provide voltage / current smoothed power for sensitive electronics which can fail or malfunction with power fluctuations common at rig/well sites.
Regarding claim 18, Alruwaili teaches: The method of claim 11, but does not describe the relative position of the imaging device on the tool or expressly state: wherein, when the perforating gun string is deployed, via the conveyance string, into the wellbore, the downhole imaging device is positioned uphole in the perforating gun string from a topmost perforating gun of the one or more perforating guns.
Al-Mashhad teaches a downhole perforation tool (Al-Mashhad 100) comprising shaped charges (Al-Mashhad 132) and an imaging device (Al-Mashhad 126/114); wherein the downhole imaging device is positioned uphole (Al-Mashhad Fig. 1) in the perforating gun string from a topmost perforating gun of the one or more perforating guns.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Alruwaili to have used the known relative positioning of the electronics and imaging system uphole from the shaped charges as Alruwaili is silent to the specific positioning and using the relative positioning described in Al-Mashhad yields the predictable result of allowing the operator image the borehole and form perforations in a known and predictable way. Additionally, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ).
Claim(s) 6, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alruwaili in view of Friehauf (US 20250257635).
Regarding claim 6, Alruwaili teaches: The perforating gun string of claim 1, but does not expressly state: wherein the downhole imaging device comprises a non-transitory computer readable medium adapted to store the collected downhole imaging data.
Friehauf teaches a downhole imaging system (Friehauf 100) comprising an imaging device (Friehauf 114) configured to collect imaging data (Friehauf [0034-0035]) wherein the downhole imaging device comprises a non-transitory computer readable medium adapted to (Friehauf [0075]) store the collected downhole imaging data.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Alruwaili to include non-transitory computer readable medium adapted to store the collected downhole imaging data in order to allow the operator to save the data for future analysis or for use as training data to generating or refine models in the future.
Regarding claim 16, Alruwaili teaches: The method of claim 11, but does not expressly state: wherein the downhole imaging device comprises a non-transitory computer readable medium adapted to store the collected downhole imaging data.
Friehauf teaches a downhole imaging system (Friehauf 100) comprising an imaging device (Friehauf 114) configured to collect imaging data (Friehauf [0034-0035]) wherein the downhole imaging device comprises a non-transitory computer readable medium adapted to (Friehauf [0075]) store the collected downhole imaging data.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Alruwaili to include non-transitory computer readable medium adapted to store the collected downhole imaging data in order to allow the operator to save the data for future analysis or for use as training data to generating or refine models in the future.
Allowable Subject Matter
Claims 9, 19 are 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.
Prior Art
The following prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Barker (US 10982512) teaches a downhole perforating system comprising an electronics and sensor sub and a firing head.
Loehken (US 20210301632) teaches a downhole tool assembly comprising a packer, a shaped charge assembly, and an imaging device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Carroll whose telephone number is (571)272-4808. The examiner can normally be reached M-F 2:00-10:00 PM EDT.
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/David Carroll/ Primary Examiner, Art Unit 3674
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