DETAILED ACTION
Claims 1-20 are currently presented for examination.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/22/2026 has been entered.
Response to Arguments
Following Applicants amendments to the Claims, the objections of the Claims is Withdrawn.
Following Applicants arguments and amendments, and in light of the 2019 Patent Eligibility guidance, the 101 rejection of the Claims is Maintained in part and Withdrawn in part.
Applicant’s Argument: Applicant’s arguments directed to 101 rejection are based on newly amended subject matter."
Examiner’s Response: All arguments are addressed in the 101 rejection of the claims below.
Applicant’s Argument: Claim 1 requires the use of a Generalized Herschel Bulkley model and to produce the environmental-efficiency fluid, which are steps that cannot be performed mentally.
Examiner’s Response: The use of a Generalized Herschel Bulkley model is the use of a mathematical calculation (see produced equation below).
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This is still an abstract idea (mathematical concept), and is simple enough to be performed with pencil and paper. Therefore, the claim does recite an abstract idea that can be performed mentally. Regarding the production of the fluid, it only amounts to mere instructions to apply as it only recites the idea of a solution or outcome and fails to recite details of how a solution to a problem is accomplished MPEP 2106.05(f).
Applicant’s Argument: Claim 1 is integrated into a practical application due to the technical method used to design and produce the environmental efficiency fluid.
Examiner’s Response: The Examiner disagrees as it is not expressed through the additional elements of the claim. MPEP 2106.05(a): “It is important to note, the judicial exception alone cannot provide the improvement. The improvement can be provided by one or more additional elements...” Additionally, as discussed in 2106.05(a)(II) improvements to technology or technical fields, “an improvement in the abstract idea itself … is not an improvement in technology”.
Applicant’s Argument: The claim does not merely recite a mental process but rather a physically implemented method for producing an environmental-efficiency fluid.
Examiner’s Response: The Examiner disagrees because as stated above, it only amounts to mere instructions to apply as it only recites the idea of a solution or outcome and fails to recite details of how a solution to a problem is accomplished MPEP 2106.05(f).
Applicant’s Argument: The claims are not directed to well understood, routine, or conventional activity in the field.
Examiner’s Response: The Examiner cited sections of the MPEP that do not require Berkheimer support, making a WURC analysis not required.
Applicant’s Argument: The claim improves a technological field.
Examiner’s Response: The Examiner disagrees as it is not expressed through the additional elements of the claim. MPEP 2106.05(a): “It is important to note, the judicial exception alone cannot provide the improvement. The improvement can be provided by one or more additional elements...” Additionally, as discussed in 2106.05(a)(II) improvements to technology or technical fields, “an improvement in the abstract idea itself … is not an improvement in technology”.
Therefore, the 101 rejection of the claims is Maintained in part.
Following Applicants arguments and amendments, the 103 rejection of the claims is Maintained.
Applicant’s Argument: Applicant’s arguments directed to 103 rejection are based on newly amended subject matter."
Examiner’s Response: All arguments are addressed in the 103 rejection of the claims below.
Therefore, the 103 rejection is Maintained.
Claim Objections
Claim 5 is objected to because of the following informalities: the claim recites “yield point” when it is not the first recitation. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: the claim recites “yield stress” when it is not the first recitation. Appropriate correction is required.
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 “high shear rate viscosity” in claim 1 and “high shear viscosity” in claim 5 are relative terms which renders the claims indefinite. The term “high” is not defined by either 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. Neither the claims nor the specification provides any standard to define the metes and bounds of what constitutes a high shear rate viscosity or high-shear viscosity. The Examiner suggests removing high from the claims.
Examiner’s Note: For the purposes of examination, “high shear rate viscosity” will be interpreted as any shear rate viscosity and high-shear viscosity will be interpreted as any shear viscosity.
All claims dependent on a 112 rejected base claim are rejected based on their dependency.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Regarding claims 1-5, are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. abstract idea) without anything significantly more.
Step 1: Claims 1-5 are directed to a method, which is a process, which is a statutory category of invention. Therefore, claims 1-5 are directed to patent eligible categories of invention.
Step 2A, Prong 1: Claim 1 recites the abstract idea of designing a treatment fluid, constituting an abstract idea based on Mental Processes based on concepts performed in the human mind, or with the aid of pencil and paper. The limitations of "determining a set of rheological properties for the treatment fluid and a concentration of the drill cuttings by creating an analysis of a rheological model generated from at least a defined set of well bore conditions and a defined set of drill cuttings properties, which allows for use of the drill cuttings with the treatment fluid, wherein the set of rheological properties are determined via a Generalized Herschel Bulkley Model (GHB) equation, wherein a yield stress or yield point, a high shear rate viscosity, a shear stress exponent between 0.01 and 2 and a shear rate exponent between 0.01 and 2 describe the relationship between shear rate and shear stress to a wide spectrum of fluids such that the environmental-efficiency fluid based on the determined set of rheological properties and the determined concentration of the drill cuttings …” covers mental processes including an evaluation of properties from a model to determine a set of properties that are usable for a given purpose. Alternatively, this constitutes a mathematical concept in the form of a series of calculations using a Generalized Herschel Bulkley Model (GHB) equation with a given set of constraints on the variables. Thus, the claims recite the abstract idea of a mental process performed in the human mind, or with the aid of pencil and paper, as well as a mathematical concept in the form of a series of calculations.
Dependent claims 2-5 further narrow the abstract ideas, identified in the independent claims.
Step 2A, Prong 2: The judicial exception is not integrated into a practical application. The additional limitation of “the environmental-efficiency fluid … produced via one or more pieces of equipment of a fracturing system” recited in claim 1, “blending the selected components to produce treatment fluid in accordance with the formulation; and blending the drill cuttings with the treatment fluid to produce the environmental efficiency fluid.”, in claim 2 only amounts to mere instructions to apply as it only recites the idea of a solution or outcome and fails to recite details of how a solution to a problem is accomplished MPEP 2106.05(f). Therefore, the judicial exception is not integrated into a practical application.
Dependent claims 2-5 further narrow the abstract ideas, identified in the independent claims, and do not introduce further additional elements for consideration beyond those addressed above.
Step 2B: Claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional limitation of “the environmental-efficiency fluid … produced via one or more pieces of equipment of a fracturing system” recited in claim 1, “blending the selected components to produce treatment fluid in accordance with the formulation; and blending the drill cuttings with the treatment fluid to produce the environmental efficiency fluid.”, in claim 2 only amounts to mere instructions to apply as it only recites the idea of a solution or outcome and fails to recite details of how a solution to a problem is accomplished MPEP 2106.05(f). Therefore, the claim as a whole does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, when considered alone or in combination, do not amount to significantly more than the judicial exception. As stated in Section I.B. of the December 16, 2014 101 Examination Guidelines, “[t]o be patent-eligible, a claim that is directed to a judicial exception must include additional features to ensure that the claim describes a process or product that applies the exception in a meaningful way, such that it is more than a drafting effort designed to monopolize the exception.”
The dependent claims include the same abstract ideas recited as recited in the independent claims, and merely incorporate additional details that narrow the abstract ideas and fail to add significantly more to the claims.
Dependent claim 2 is directed to further defining additional determinations, which further narrows the abstract idea identified in the independent claim, which is directed to “Mental Processes.”
Dependent claim 3 is directed to further defining the wellbore conditions, which further narrows the abstract idea identified in the independent claim, which is directed to “Mental Processes.”
Dependent claims 4 is directed to further defining the drill cutting properties, which further narrows the abstract idea identified in the independent claim, which is directed to “Mental Processes.”
Dependent claims 5 is directed to further defining the rheological properties, which further narrows the abstract idea identified in the independent claim, which is directed to “Mental Processes.”
Accordingly, claims 1-5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. an abstract idea) without anything significantly more.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Agapiou USPPN 2019/0241789 in view of Wisniowski et al. “Selection of a Suitable Rheological Model for Drilling Fluid Using Applied Numerical Methods.”
Regarding claim 1, Agapiou teaches determining a set of rheological properties for the treatment fluid and a concentration of the drill cuttings by creating an analysis of a rheological analysis generated from at least a defined set of well bore conditions and a defined set of drill cuttings properties, which allows for use of the drill cuttings with the treatment fluid, ([0045], [0079]-[0090], Tables 6 and 7, a rheological analysis is performed, [0083], the cutting are mixed into the treatment fluid to be pumped back into the formation; [0005], [0039], [0042]-[0043], pressure is defined; [0061], [0064], [0074], drill cutting density is defined)
such that the environmental-efficiency fluid based on the rheological properties and the determined concentration of drill cuttings is produced via one . (Abstract, Figures 1 and 2, [0037]-[0039], [0083], a treatment fluid is produced and pumped back into the formation)
Agapiou does not explicitly recite a rheological model; wherein the set of
rheological properties are determined via a Generalized Herschel Bulkley Model (GHB)
equation, wherein a yield stress or yield point, a high shear rate viscosity, a shear stress
exponent between 0.01 and 2 and a shear rate exponent between 0.01 and 2 describe the
relationship between shear rate and shear stress to a wide spectrum of fluids
Wisniowski teaches a rheological model (Abstract, Sections 1 and 2, the rheological model is used to determine the properties of actual drilling fluid)
wherein the set of rheological properties are determined via a Generalized Herschel Bulkley Model (GHB) equation, wherein a yield stress or yield point, a high shear rate viscosity, a shear stress exponent between 0.01 and 2 and a shear rate exponent between 0.01 and 2 describe the relationship between shear rate and shear stress to a wide spectrum of fluids (Sections 2-4, Table 2, A Generalized Herschel Bulkley Model (GHB) equation, a yield point, shear rate viscosity, shear stress and shear rate are used to describe the rheological properties of the fluid(all of the exponents can be 1, which result in the number itself))
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to combine the teachings of Agapiou with Wisniowski as the references deal with determining properties of wellbore fluids, in order to implement a system that uses a rheological model containing a Generalized Herschel Bulkley Model (GHB) equation to determine the rheological properties of wellbore fluids. Wisniowski would modify Agapiou by using a rheological model containing a Generalized Herschel Bulkley Model (GHB) equation for the rheological analysis so that the rheological properties of the fluid can be determined. The benefit of doing so is the accuracy of fitting the rheological model to the properties of actual drilling fluid minimizes the errors of the calculated technological parameters applied while drilling oil wells. (Wisniowski Abstract)
Regarding claim 2, the combination of Agapiou and Wisniowski teach the limitations of claim 1. Agapiou also teaches, determining a set of components available for producing the treatment fluid; (Figures 1 and 2, [0037]-[0039], the system contains the components needed to produce the fluid)
determining a formulation of selected components from the set of components, wherein the formulation is predicted to have the set of rheological properties; (Tables 6 and 7, [0074]-[0090], all of the components of the fluid, including the rheological properties, are determined)
blending the selected components to produce the treatment fluid in accordance with the formulation; and (Figure 2, [0001], [0030], [0037]-[0039], [0044], [0083], the components are blended to be put back into the formation; See also Tables 6 and 7, [0074]-[0090])
blending the drill cuttings with the treatment fluid to produce the environmental-efficiency fluid. (Figure 2, [0001], [0030], [0037]-[0039], [0044], [0083], the drill cuttings are also blended into the treatment fluid)
Regarding claim 3, the combination of Agapiou and Wisniowski teach the limitations of claim 1. Agapiou also teaches wherein the set of well bore conditions comprises at least one of temperature, pressure, pH of well bore fluid, or salinity of well bore fluid. ([0005], [0039], [0042]-[0043], pressure is defined)
Regarding claim 4, the combination of Agapiou and Wisniowski teach the limitations of claim 1. Agapiou also teaches wherein the set of drill-cuttings properties comprises at least one of density, particle size distribution, shape factor, oil content or hardness for the drill cuttings. ([0061], [0064], [0074], drill cutting density is defined)
Regarding claim 5, the combination of Agapiou and Wisniowski teach the limitations of claim 1. Agapiou does not explicitly recite wherein the set of rheological properties comprises at least one of yield point, yield stress, and high-shear viscosity.
Wisniowski teaches wherein the set of rheological properties comprises at least one of yield point, yield stress, and high-shear viscosity. (Section 2, Nomenclature, The yield point is one of the rheological properties)
See motivation of claim 1
Claims 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over Agapiou in view of Wisniowski and in further view of West et al. USPA 6,290,001.
Regarding claim 6, Agapiou teaches (a) providing the drill cuttings; (Figures 1 and 2, [0030], [0034]-[0035], [0083], the drill cutting are obtained from the formation)
(b) providing the treatment fluid; (Figures 1 and 2, Tables 6 and 7, [0083], the treatment is put back into the wellbore)
(c) determining a target particle size distribution for the drill cuttings by creating an analysis of a rheological analysis generated from at least a defined set of drill cutting properties for the drill cuttings and a defined set of treatment fluid properties for the treatment of fluid wherein determination of the target particle size distribution for the drill cuttings is based on a target drill cuttings concentration for use of the drill cuttings with the treatment fluid; ([0045], [0079]-[0090], Tables 6 and 7, a rheological analysis is performed; [0083], the cutting are mixed into the treatment fluid to be pumped back into the formation; Tables 5-7, [0009], [0056], [0078] target particle size is determined[0039], [0042]-[0043], pressure is defined; [0061], [0064], [0074], drill cutting density is defined; Tables 6 and 7, [0056]-[0057], [0060], [0066], [0073]-[0090], the properties of the fluid are determined)
(e) producing the environmental-efficiency fluid via one or more pieces of equipment of a fracturing system by combining the modified drill cuttings with the treatment fluid. (Abstract, Figures 1 and 2, [0037]-[0039], [0083], a treatment fluid is produced and pumped back into the formation)
Agapiou does not explicitly recite a rheological model
Wisniowski teaches a rheological model (Abstract, Sections 1 and 2, the rheological model is used to determine the properties of actual drilling fluid)
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to combine the teachings of Agapiou with Wisniowski as the references deal with determining properties of wellbore fluids, in order to implement a system that uses a rheological model to determine the rheological properties of wellbore fluids. Wisniowski would modify Agapiou by using a rheological model for the rheological analysis so that the rheological properties of the fluid can be determined. The benefit of doing so is the accuracy of fitting the rheological model to the properties of actual drilling fluid minimizes the errors of the calculated technological parameters applied while drilling oil wells. (Wisniowski Abstract)
The combination of Agapiou and Wisniowski does not explicitly teach (d) reducing a particle size distribution of the drill cuttings to match the determined target particle size distribution by milling the drill cuttings and separating the milled drill cuttings in accordance with the determined target particle size distribution to produce the modified drill cuttings;
West teaches (d) reducing a particle size distribution of the drill cuttings to match the determined target particle size distribution by milling the drill cuttings and separating the milled drill cuttings in accordance with the determined target particle size distribution to produce the modified drill cuttings; (Abstract, Section 2 Lines 29-67, Section 3 Lines 1-27, the particles are ground to a size that is determined not to harm the drill and to the specific sizes of the sieve to be separated)
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to combine the teachings of Agapiou and Wisniowski with West as the references deal with determining properties of wellbore fluids, in order to implement a system that grinds the wellbore cuttings to a particular size and separating out portions of the cuttings. West would modify Agapiou and Wisniowski by grinding and separating the drill cuttings to the necessary size. The benefit of doing so is improved sweeping of fines and small drill cuttings or cuttings beds for removal from deviated wellbores and especially from the bottom or lower side of such wellbores. Also, it provides more efficient cleaning of the wellbores during drilling than available with known special treatment fluids, enabling such cleaning to be conducted without stopping the drilling operation. (West Section 2 Lines 55-65)
Regarding claim 8, the combination of Agapiou, Wisniowski and West teach the limitations of claim 6. Agapiou teaches further comprising defining a set of wellbore conditions and wherein the rheological model is additionally generated from the set of well bore conditions([0005], [0039], [0042]-[0043], pressure is defined; ([0045], [0079]-[0090], Tables 6 and 7, a rheological analysis is performed based on the well bore conditions)
Examiner’s Note: The calculation of rheological properties based on well bore conditions is taught by both Agapiou and Wisniowski.
In regards to claim 9, it is the method embodiment of claim 3 with similar limitations to claim 3, and is such rejected using the same reasoning found in claim 3.
In regards to claim 10, it is the method embodiment of claim 4 with similar limitations to claim 4, and is such rejected using the same reasoning found in claim 4.
In regards to claim 11, it is the method embodiment of claim 5 with similar limitations to claim 5, and is such rejected using the same reasoning found in claim 5.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Agapiou in view of Wisniowski and in further view of Kulkarni et al.
Regarding claim 12, Agapiou teaches (a) providing the drill cuttings; (Figures 1 and 2, [0030], [0034]-[0035], [0083], the drill cutting are obtained from the formation)
(b) determining cutting properties for the drill cuttings; ([0045], [0079]-[0090], Tables 6 and 7, a rheological analysis is performed; [0083], the cutting are mixed into the treatment fluid to be pumped back into the formation; Tables 5-7, [0009], [0056], [0078] target particle size is determined[0039], [0042]-[0043], pressure is defined; [0061], [0064], [0074], drill cutting density is defined; Tables 6 and 7, [0056]-[0057], [0060], [0066], [0073]-[0090], the properties of the fluid are determined)
(d) defining a set of well bore conditions for the down-hole operation; ([0004]-[0005], [0034], [0039], the drill cuttings are piped down to cool the drill string as part of the well bore conditions for the down-hole operation)
(e) creating an analysis of a rheological analysis generated from at least the set of well bore conditions and a set of drill cutting properties for the drill cuttings to determine a set of rheological properties for the treatment fluid to suspend a target concentration of drill cuttings in the treatment fluid during the down-hole operation; and (([0045], [0079]-[0090], Tables 6 and 7, a rheological analysis is performed, [0083], the cutting are mixed into the treatment fluid to be pumped back into the formation; [0005], [0039], [0042]-[0043], pressure is defined; Tables 6 and 7, [0056]-[0057], [0060], [0066], [0073]-[0090], the properties of the fluid are determined)
(f) producing the environmental-efficiency fluid via one or more pieces of equipment of a fracturing system by combining the treatment fluid and drill cuttings based on the set of rheological properties and the target concentration of drill cuttings such that the target concentration of drill cuttings in the treatment fluid during down-hole operations is suspended. (Abstract, Figures 1 and 2, [0037]-[0039], [0083], a treatment fluid is produced and pumped back into the formation)
Agapiou does not explicitly recite a rheological model
Wisniowski teaches a rheological model (Abstract, Sections 1 and 2, the rheological model is used to determine the properties of actual drilling fluid)
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to combine the teachings of Agapiou with Wisniowski as the references deal with determining properties of wellbore fluids, in order to implement a system that uses a rheological model to determine the rheological properties of wellbore fluids. Wisniowski would modify Agapiou by using a rheological model for the rheological analysis so that the rheological properties of the fluid can be determined. The benefit of doing so is the accuracy of fitting the rheological model to the properties of actual drilling fluid minimizes the errors of the calculated technological parameters applied while drilling oil wells. (Wisniowski Abstract)
The combination of Agapiou and Wisniowski does not explicitly teach (c) determining oil content of the drill cuttings, when the oil content is above a threshold value, removing excess oil from the drill cuttings until the oil content is below a threshold value;
Kulkarni teaches (c) determining oil content of the drill cuttings, when the oil content is above a threshold value, removing excess oil from the drill cuttings until the oil content is below a threshold value; ([0009], [0015], [0040], the concentration of oil is modified until the desired concentration is achieved)
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to combine the teachings of Agapiou and Wisniowski with Kulkarni as the references deal with determining properties of wellbore fluids, in order to implement a system that modifies the oil content of the treatment fluid. Kulkarni would modify Agapiou and Wisniowski by adjusting the amount of oil in the treatment fluid. The benefit of doing so is a stable treatment fluid can be created and introduced into the subterranean formation. (Kulkarni Abstract)
Regarding claim 13, the combination of Agapiou, Wisniowski and Kulkarni teach the limitations of claim 12. Agapiou teaches wherein the step of providing drill cuttings comprises collecting drill cuttings from the drilling of the well. (Figures 1 and 2, [0030], [0034]-[0035], [0083], the drill cutting are obtained from the formation)
Claims 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Agapiou in view of Wisniowski, in further view of Kulkarni, and in further view of West.
Regarding claim 14, the combination of Agapiou, Wisniowski and Kulkarni teach the limitations of claim 13. The combination of Agapiou, Wisniowski and Kulkarni does not explicitly teach wherein the step of providing drill cuttings further comprises reducing the particle size distribution of the drill cuttings to match a target particle size distribution.
West teaches wherein the step of providing drill cuttings further comprises reducing the particle size distribution of the drill cuttings to match a target particle size distribution. (Abstract, Section 2 Lines 29-67, Section 3 Lines 1-27, the particles are ground to a size that is determined not to harm the drill and to the specific sizes of the sieve to be separated)
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to combine the teachings of Agapiou, Wisniowski and Kulkarni with West as the references deal with determining properties of wellbore fluids, in order to implement a system that grinds the wellbore cuttings to a particular size and separating out portions of the cuttings. West would modify Agapiou, Wisniowski and Kulkarni by grinding and separating the drill cuttings to the necessary size. The benefit of doing so is improved sweeping of fines and small drill cuttings or cuttings beds for removal from deviated wellbores and especially from the bottom or lower side of such wellbores. Also, it provides more efficient cleaning of the wellbores during drilling than available with known special treatment fluids, enabling such cleaning to be conducted without stopping the drilling operation. (West Section 2 Lines 55-65)
In regards to claim 15, it is the method embodiment of claim 7 with similar limitations to claim 7, and is such rejected using the same reasoning found in claim 7.
In regards to claim 16, it is the method embodiment of claim 2 with similar limitations to claim 2, and is such rejected using the same reasoning found in claim 2.
In regards to claim 17, it is the method embodiment of claim 3 with similar limitations to claim 3, and is such rejected using the same reasoning found in claim 3.
In regards to claim 18, it is the method embodiment of claim 4 with similar limitations to claim 4, and is such rejected using the same reasoning found in claim 4.
In regards to claim 19, it is the method embodiment of claim 5 with similar limitations to claim 5, and is such rejected using the same reasoning found in claim 5.
Regarding claim 20, the combination of Agapiou, Wisniowski, Kulkarni and West teach the limitations of claim 19. Agapiou teaches wherein the environmental-efficiency fluid is pumped down-hole by one or more pumps. (Figures 1 and 2, [0037]-[0039], [0083], the treatment fluid is pumped into the formation)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pang et al. “Numerical prediction of flow behavior of cuttings carried by Herschel-Bulkley fluids in horizontal well using kinetic theory of granular flow”: Also teaches the use of the Herschel-Bulkley(H-B) model with the same claimed paramaters.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL COCCHI whose telephone number is (469)295-9079. The examiner can normally be reached 7:15 am - 5:15 pm CT Monday - Thursday.
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/MICHAEL EDWARD COCCHI/Primary Examiner, Art Unit 2188
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