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 .
Election/Restrictions
Claims 1-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/20/2025. The examiner further withdraw claim 12 from consideration since the subject matter of “the inlet conduit and the outlet are arranged within separate wellbores” of claim 12, does not direct the elected species E shown in figure 5. The elected species shown in figure 5 directs to a species that the inlet conduit and the outlet conduit are located within the same wellbore.
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.
Claim 11 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 11 recites the broad recitation “the inlet conduit and the outlet conduit are concentrically arranged within the service conduit” , and the claim also recites “preferably the outlet conduit arranged within the inlet conduit” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 11 is further rejected as can be best understood by the examiner in which the inlet conduit and the outlet conduit are concentrically arranged within the service conduit.
Claim Rejections - 35 USC § 102
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 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.
Claims 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sonju et al. ( US 20160245550A1). Regarding claim 8, Sonju discloses (figure 1) a geothermal installation within a geologic formation comprising an inlet conduit (20), an outlet conduit (1), a service conduit (casing 21 is considered to read on service conduit since it is a conduit that encloses the inlet and outlet conduit, and for guiding a drill, figure 9), and two interconnecting conduits (3,4) fluidly coupled to and separately interconnecting the inlet conduit (20) with the outlet conduit (1), characterized in that a first of the interconnection conduit is fluidly separated from the service conduit (the conduits 3,4 are not connected or fluidly separated from the service conduit 21). Regarding claim 9, Sonju discloses that the inlet conduit (20) and the outlet conduit (1) are arranged concentric (see figure 1). Regarding claim 10, Sonju discloses (figure 1) that the inlet conduit (20) and the outlet conduit (1) are arranged within the service conduit. Regarding claim 11, Sonju discloses that the inlet conduit (20) and the outlet (1) conduit are concentrically arranged within the service conduit (21), preferably the outlet conduit (1) arranged within the inlet conduit (20).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Toews et al. (US 11,242,726) discloses a geothermal wellbores.
Wiggs (US 2004/0129408A1) discloses an insulated sub-surface liquid line.
Ambs et al. (US 5,706,888A) discloses a geothermal heat exchanger.
Yang (US 9,777,969B2) discloses a pipeline.
Rawlings John (US 5,533,355A) discloses a subterranean heat exchange unit.
J. R. Bowers (US 3,609,980A) discloses an apparatus for installing supporting element in permafrost.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THO V DUONG whose telephone number is (571)272-4793. The examiner can normally be reached M-F 10-6 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Atkisson Jianying can be reached on 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THO V DUONG/Examiner, Art Unit 3763
Prosecution Insights