DETAILED ACTION
In response to remarks filed on 30 December 2025
Status of Claims
Claims 20-43 and 63 are pending;
Claims 20, 37, 39, 42 and 43 are currently amended;
Claims 21-36, 40, 41 and 42 were previously presented;
Claim 63 is new;
Claims 1-19 are cancelled;
Claims 44-62 are withdrawn;
Claims 20-43 and 63 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 30 December 2025 have been fully considered and they are not persuasive. The terms “wellsite” and “storage” are broad and relative as the sites can cover large areas or small areas and can have a wide array of equipment and storage can be for seconds, to minutes, hours, days, years, etc. A pipe and pump stores/hold material from the moment it arrives via the inlet until the moment it leaves via the outlet. For this reason, under the broadest reasonable interpretation and due to the lack of details in regards to the wellsite and storage equipment in the claim, then the claim limitations are still met. “Wellsites” do not necessarily mean “wellsite generator sets” nor “frac sheets”.
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.
Claims 20-26, 29-32, 34-43 and 63 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Keshner et al (U.S. Patent Application Publication No. 2020/0055672).
As to Claim 20, Keshner discloses a system for capturing greenhouse gas at a wellsite, the system configured to interface with wellsite exhaust gas generation equipment that generates exhaust gas having at least one greenhouse gas, comprising:
Exhaust gas collection equipment (201) configured to collect the exhaust gas from the gas generation equipment (Paragraph 0029: “Embodiments of the present invention provide energy-efficient methods and apparatus for separating gaseous carbon dioxide from the exhaust of electricity generating facilities that burn fossil fuels (coal, oil, natural gas) or other carbon based fuels (wood chips, corn stalks, etc) to generate electricity, and for sequestering the carbon dioxide in rock in and around underground structures, such as caverns or wells, in which the rock has been fractured and cracked using at least one of hydraulic fracturing, explosives, other human-initiated means, and earthquakes or other natural means”) at the wellsite;
Greenhouse gas capture equipment (205) configured to receive a flow of the exhaust gas from the exhaust gas collection equipment and separate the greenhouse gas to be captured from the exhaust gas (Paragraph 0062: “Separator 205 separates the carbon dioxide gas from other gases (mostly nitrogen) present in the exhaust, sending these other gases out through exhaust pipe 206”);
Greenhouse gas liquification equipment (207) configured to receive a flow of the greenhouse gas from the greenhouse gas capture equipment and reduce the greenhouse gas to a greenhouse gas fluid (Paragraph 002: “Compressor 207 compresses the separated carbon dioxide to a high pressure, and in one embodiment to a pressure of at least 70 atm, at a temperature below 31 C, so that at least some of the carbon dioxide will liquefy”), and
Greenhouse gas fluid storage equipment (214) configured to receive a flow of the greenhouse gas fluid from the greenhouse gas liquification equipment and at least temporarily store the greenhouse gas fluid (Paragraph 0062: “The output from compressor 207 is passed through the pipe 208 to mixer 211, where the gaseous and/or liquified carbon dioxide is mixed with pressurized water that is delivered to 211 along pipe 209 using water pump 210. Pump 212 then operates on the pressurized output mixture to deliver it through pipe 213 into a fracked cavern or well”).
As to Claim 21, Keshner discloses the invention of Claim 20 (Refer to Claim 20 discussion). Keshner also discloses further comprising a transporter (213) configured to receive a flow of the greenhouse gas fluid from the greenhouse gas fluid storage equipment and to transport the greenhouse gas fluid to at least one of transportation to at least one of another wellsite configured to frack a geological formation (Paragraph 0062: “The output from compressor 207 is passed through the pipe 208 to mixer 211, where the gaseous and/or liquified carbon dioxide is mixed with pressurized water that is delivered to 211 along pipe 209 using water pump 210. Pump 212 then operates on the pressurized output mixture to deliver it through pipe 213 into a fracked cavern or well”), an enhanced oil recovery facility, a commercial underground greenhouse gas storage facility, and a facility using the greenhouse gas.
As to Claim 22, Keshner discloses the invention of Claim 20 (Refer to Claim 20 discussion). Keshner also discloses wherein the system is configured to at least one of receive greenhouse gas fluid from other sources and store such fluid in the greenhouse gas fluid storage equipment (Paragraph 0029: “Embodiments of the present invention provide energy-efficient methods and apparatus for separating gaseous carbon dioxide from the exhaust of electricity generating facilities that burn fossil fuels (coal, oil, natural gas) or other carbon based fuels (wood chips, corn stalks, etc) to generate electricity”. Facilities indicate a plurality of sources), and receive greenhouse gas fluid from other sources and transport such fluid with the greenhouse gas fluid from the greenhouse gas fluid storage equipment.
As to Claim 23, Keshner discloses the invention of Claim 20 (Refer to Claim 20 discussion). Keshner also discloses further comprising greenhouse gas fluid injection equipment (212) configured to receive a flow of the greenhouse gas fluid from the greenhouse gas fluid storage equipment and to inject the greenhouse gas fluid into a geological formation for sequestration (Paragraph 0062: “The output from compressor 207 is passed through the pipe 208 to mixer 211, where the gaseous and/or liquified carbon dioxide is mixed with pressurized water that is delivered to 211 along pipe 209 using water pump 210. Pump 212 then operates on the pressurized output mixture to deliver it through pipe 213 into a fracked cavern or well”).
As to Claim 24, Keshner discloses the invention of Claim 23 (Refer to Claim 23 discussion). Keshner also discloses wherein geological formation is at an in-situ location with the greenhouse gas collection, capture, liquification, and fluid storage equipment (Paragraph 0062: “The output from compressor 207 is passed through the pipe 208 to mixer 211, where the gaseous and/or liquified carbon dioxide is mixed with pressurized water that is delivered to 211 along pipe 209 using water pump 210. Pump 212 then operates on the pressurized output mixture to deliver it through pipe 213 into a fracked cavern or well”).
As to Claim 25, Keshner discloses the invention of Claim 23 (Refer to Claim 23 discussion). Keshner also discloses wherein the system is coupled to a wellsite and configured to capture the greenhouse gas and in-situ inject the greenhouse gas fluid into the formation (Paragraph 0062: “The output from compressor 207 is passed through the pipe 208 to mixer 211, where the gaseous and/or liquified carbon dioxide is mixed with pressurized water that is delivered to 211 along pipe 209 using water pump 210. Pump 212 then operates on the pressurized output mixture to deliver it through pipe 213 into a fracked cavern or well”).
As to Claim 26, Keshner discloses the invention of Claim 23 (Refer to Claim 23 discussion). Keshner also discloses wherein a first portion (201, 205 and 207 grouped together as “portion” is relative) of the system at a first wellsite comprises the exhaust gas collection equipment (201), the greenhouse gas capture equipment (205), the greenhouse gas liquification equipment (207), and the greenhouse gas fluid storage equipment; and a second portion (214) of the system at a second wellsite having the geological formation for sequestration comprises the greenhouse gas fluid injection equipment configured to receive the greenhouse gas fluid from the greenhouse gas fluid storage equipment at the first wellsite and inject the greenhouse gas fluid into the geological formation (Paragraph 0062: “The output from compressor 207 is passed through the pipe 208 to mixer 211, where the gaseous and/or liquified carbon dioxide is mixed with pressurized water that is delivered to 211 along pipe 209 using water pump 210. Pump 212 then operates on the pressurized output mixture to deliver it through pipe 213 into a fracked cavern or well”).
As to Claim 29, Keshner discloses the invention of Claim 23 (Refer to Claim 23 discussion). Keshner also discloses wherein the system is configured to receive additional gas fluid from another location to inject into the geological formation (Paragraph 0029: “Embodiments of the present invention provide energy-efficient methods and apparatus for separating gaseous carbon dioxide from the exhaust of electricity generating facilities that burn fossil fuels (coal, oil, natural gas) or other carbon based fuels (wood chips, corn stalks, etc) to generate electricity”. Facilities indicate a plurality of sources/locations).
As to Claim 30, Keshner discloses the invention of Claim 23 (Refer to Claim 23 discussion). Keshner also discloses wherein the greenhouse gas fluid injection equipment is configured to inject the greenhouse gas fluid in a supercritical or liquid form (Paragraph 0062: “The output from compressor 207 is passed through the pipe 208 to mixer 211, where the gaseous and/or liquified carbon dioxide is mixed with pressurized water that is delivered to 211 along pipe 209 using water pump 210. Pump 212 then operates on the pressurized output mixture to deliver it through pipe 213 into a fracked cavern or well”).
As to Claim 31, Keshner discloses the invention of Claim 23 (Refer to Claim 23 discussion). Keshner also discloses wherein the greenhouse gas fluid injection equipment (212) is configured to inject the greenhouse gas fluid into the geological formation that is followed by at least a portion of the fracking fluid stream from the fracking equipment into the geological formation (Paragraph 0088: “In one embodiment, minimal water is used and the mixture is comprised of water with dissolved carbon dioxide, liquid carbon dioxide and some gaseous carbon dioxide. In another embodiment, ample water is used to dissolve all of the carbon dioxide to create a solution of water and carbon dioxide. When liquid carbon dioxide is present, optionally, a surfactant can be added at mixer input port 704 to improve mixing by lengthening the time before the small domains recombine and the two liquids separate”).
As to Claim 32, Keshner discloses the invention of Claim 23 (Refer to Claim 23 discussion). Keshner also discloses wherein the greenhouse gas fluid injection equipment is configured to intercalate discrete portions of the greenhouse gas fluid into the fracking fluid from the fracking equipment for injection of the discrete portions with the fracking fluid into the geological formation (Paragraph 0088: “In one embodiment, minimal water is used and the mixture is comprised of water with dissolved carbon dioxide, liquid carbon dioxide and some gaseous carbon dioxide. In another embodiment, ample water is used to dissolve all of the carbon dioxide to create a solution of water and carbon dioxide. When liquid carbon dioxide is present, optionally, a surfactant can be added at mixer input port 704 to improve mixing by lengthening the time before the small domains recombine and the two liquids separate”).
As to Claim 34, Keshner discloses the invention of Claim 20 (Refer to Claim 20 discussion). Keshner also discloses wherein at least a portion of the exhaust gas collection equipment, greenhouse gas capture equipment, greenhouse gas liquification equipment, and greenhouse gas fluid storage equipment is sized for individual wellsite exhaust gas generation equipment at a wellsite (Paragraph 0029: “Embodiments of the present invention provide energy-efficient methods and apparatus for separating gaseous carbon dioxide from the exhaust of electricity generating facilities that burn fossil fuels (coal, oil, natural gas) or other carbon based fuels (wood chips, corn stalks, etc) to generate electricity, and for sequestering the carbon dioxide in rock in and around underground structures, such as caverns or wells, in which the rock has been fractured and cracked using at least one of hydraulic fracturing, explosives, other human-initiated means, and earthquakes or other natural means”).
As to Claim 35, Keshner discloses the invention of Claim 20 (Refer to Claim 20 discussion). Keshner also discloses wherein at least a portion of the exhaust gas collection equipment, greenhouse gas capture equipment, greenhouse gas liquification equipment, and greenhouse gas fluid storage equipment is sized for a plurality of wellsite exhaust gas generation equipment at a wellsite (Paragraph 0029: “Embodiments of the present invention provide energy-efficient methods and apparatus for separating gaseous carbon dioxide from the exhaust of electricity generating facilities that burn fossil fuels (coal, oil, natural gas) or other carbon based fuels (wood chips, corn stalks, etc) to generate electricity, and for sequestering the carbon dioxide in rock in and around underground structures, such as caverns or wells, in which the rock has been fractured and cracked using at least one of hydraulic fracturing, explosives, other human-initiated means, and earthquakes or other natural means”).
As to Claim 36, Keshner discloses the invention of Claim 23 (Refer to Claim 23 discussion). Keshner also discloses wherein at least one of the exhaust gas collection equipment, greenhouse gas capture equipment, greenhouse gas liquification equipment, and greenhouse gas fluid storage equipment, and greenhouse gas fluid injection equipment is at least one of modular (Figure 2), scalable, and transportable.
As to Claim 37, Keshner discloses a method of capturing greenhouse gas at a wellsite from exhaust gas generation equipment that generates exhaust gas having at least one greenhouse gas, comprising:
Collecting with exhaust gas collection equipment (201) the exhaust gas from the gas generation equipment (Paragraph 0029: “Embodiments of the present invention provide energy-efficient methods and apparatus for separating gaseous carbon dioxide from the exhaust of electricity generating facilities that burn fossil fuels (coal, oil, natural gas) or other carbon based fuels (wood chips, corn stalks, etc) to generate electricity, and for sequestering the carbon dioxide in rock in and around underground structures, such as caverns or wells, in which the rock has been fractured and cracked using at least one of hydraulic fracturing, explosives, other human-initiated means, and earthquakes or other natural means”) at the wellsite;
Receiving with greenhouse gas capture equipment a flow of the exhaust gas from the exhaust gas collection equipment and separating (205) the greenhouse gas to be captured from the exhaust gas (Paragraph 0062: “Separator 205 separates the carbon dioxide gas from other gases (mostly nitrogen) present in the exhaust, sending these other gases out through exhaust pipe 206”);
Receiving with greenhouse gas liquification equipment (207) a flow of the greenhouse gas from the greenhouse gas capture equipment and reducing the greenhouse gas to a greenhouse gas fluid (Paragraph 002: “Compressor 207 compresses the separated carbon dioxide to a high pressure, and in one embodiment to a pressure of at least 70 atm, at a temperature below 31 C, so that at least some of the carbon dioxide will liquefy”); and
Receiving with greenhouse gas fluid storage equipment (214) a flow of the greenhouse gas fluid from the greenhouse gas liquification equipment and at least temporarily storing the greenhouse gas fluid (Paragraph 0062: “The output from compressor 207 is passed through the pipe 208 to mixer 211, where the gaseous and/or liquified carbon dioxide is mixed with pressurized water that is delivered to 211 along pipe 209 using water pump 210. Pump 212 then operates on the pressurized output mixture to deliver it through pipe 213 into a fracked cavern or well”).
As to Claim 38, Keshner discloses the invention of Claim 37 (Refer to Claim 37 discussion). Keshner also discloses further comprising receiving the greenhouse gas fluid from the greenhouse gas fluid storage equipment and transporting the greenhouse gas fluid to at least one of a wellsite configured to frack a geological formation (Paragraph 0062: “The output from compressor 207 is passed through the pipe 208 to mixer 211, where the gaseous and/or liquified carbon dioxide is mixed with pressurized water that is delivered to 211 along pipe 209 using water pump 210. Pump 212 then operates on the pressurized output mixture to deliver it through pipe 213 into a fracked cavern or well”), to an enhanced oil recovery facility, to a commercial underground greenhouse gas storage facility, and to a facility using the greenhouse gas.
As to Claim 39, Keshner discloses the invention of Claim 37 (Refer to Claim 37 discussion). Keshner also discloses further comprising receiving with greenhouse gas fluid injection equipment a flow of the greenhouse gas fluid from the greenhouse gas fluid storage equipment and injecting the greenhouse gas fluid during a fracking operation at the wellsite into a geological formation for sequestration (Paragraph 0062: “The output from compressor 207 is passed through the pipe 208 to mixer 211, where the gaseous and/or liquified carbon dioxide is mixed with pressurized water that is delivered to 211 along pipe 209 using water pump 210. Pump 212 then operates on the pressurized output mixture to deliver it through pipe 213 into a fracked cavern or well”).
As to Claim 40, Keshner discloses the invention of Claim 39 (Refer to Claim 39 discussion). Keshner also discloses wherein the injecting is in an in-situ location (Paragraph 0062: “The output from compressor 207 is passed through the pipe 208 to mixer 211, where the gaseous and/or liquified carbon dioxide is mixed with pressurized water that is delivered to 211 along pipe 209 using water pump 210. Pump 212 then operates on the pressurized output mixture to deliver it through pipe 213 into a fracked cavern or well”).
As to Claim 41, Keshner discloses the invention of Claim 37 (Refer to Claim 37 discussion). Keshner also discloses wherein a greenhouse gas capture wellsite comprises at least the greenhouse gas capture equipment and a greenhouse gas sequestration wellsite comprises at least greenhouse gas fluid injection equipment, and further comprising receiving the greenhouse gas fluid from the greenhouse gas capture wellsite and injecting the greenhouse gas fluid into the greenhouse gas sequestration wellsite (Paragraph 0029: “Embodiments of the present invention provide energy-efficient methods and apparatus for separating gaseous carbon dioxide from the exhaust of electricity generating facilities that burn fossil fuels (coal, oil, natural gas) or other carbon based fuels (wood chips, corn stalks, etc) to generate electricity, and for sequestering the carbon dioxide in rock in and around underground structures, such as caverns or wells, in which the rock has been fractured and cracked using at least one of hydraulic fracturing, explosives, other human-initiated means, and earthquakes or other natural means”).
As to Claim 42, Keshner discloses the invention of Claim 37 (Refer to Claim 37 discussion). Keshner also discloses further comprising receiving a flow of the greenhouse gas fluid from the greenhouse gas fluid storage equipment; and transporting greenhouse gas fluid to at least one of: another wellsite configured to frack a geological formation (Paragraph 0029: “Embodiments of the present invention provide energy-efficient methods and apparatus for separating gaseous carbon dioxide from the exhaust of electricity generating facilities that burn fossil fuels (coal, oil, natural gas) or other carbon based fuels (wood chips, corn stalks, etc) to generate electricity”), an enhanced oil recovery facility, a commercial underground greenhouse gas storage facility, and a facility using the greenhouse gas.
As to Claim 43, Keshner discloses the invention of Claim 37 (Refer to Claim 37 discussion). Keshner also discloses further comprising at least one of receiving greenhouse gas fluid from other sources and storing such fluid in the greenhouse gas fluid storage equipment; and receiving greenhouse gas fluid from other sources and transporting such fluid with the greenhouse gas fluid from the greenhouse gas fluid storage equipment (Paragraph 0029: “Embodiments of the present invention provide energy-efficient methods and apparatus for separating gaseous carbon dioxide from the exhaust of electricity generating facilities that burn fossil fuels (coal, oil, natural gas) or other carbon based fuels (wood chips, corn stalks, etc) to generate electricity”. Facilities indicate a plurality of sources/locations).
As to Claim 63, Keshner discloses the invention of Claim 39 (Refer to Claim 39 discussion). Keshner also discloses wherein the greenhouse gas fluid injection equipment is configured to intercalate discrete portions of the greenhouse gas fluid into the fracking fluid from the fracking equipment for injection of the discrete portions with the fracking fluid into the geological formation (Paragraph 0088: “In one embodiment, minimal water is used and the mixture is comprised of water with dissolved carbon dioxide, liquid carbon dioxide and some gaseous carbon dioxide. In another embodiment, ample water is used to dissolve all of the carbon dioxide to create a solution of water and carbon dioxide. When liquid carbon dioxide is present, optionally, a surfactant can be added at mixer input port 704 to improve mixing by lengthening the time before the small domains recombine and the two liquids separate”).
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.
Claims 27 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keshner et al (U.S. Patent Application Publication No. 2020/0055672) in view of Lissianski et al (U.S. Patent No. 9,133,700).
As to Claim 27, Keshner discloses the invention of Claim 26 (Refer to Claim 26 discussion). However, Keshner is silent about wherein the first wellsite comprises at least one of a drilling rig capture wellsite and a fracking capture wellsite and the second wellsite comprises a fracking sequestration wellsite. Lissianski discloses a greenhouse gas capture system that can be used at sites such as drilling rig capture wellsites and fracking sequestration wellsites (Column 6, Lines 61-67: “Providing for the recapture of CO2 from gas streams, such as exhaust gas streams from power generators during the well drilling process, vented gas streams, nearby pad sites where CO.sub.2 is captured from natural gas after completion of the well or from equipment exhaust streams, such as frac pumps, generators, or the like, during the fracturing process provides for a continual source of fracturing fluid”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the first wellsite comprise at least one of a drilling rig capture wellsite and a fracking capture wellsite and the second wellsite comprise a fracking sequestration wellsite. The motivation would have been to increase the utility of the system by allowing it to be used in different projects.
As to Claim 33, Keshner discloses the invention of Claim 23 (Refer to Claim 23 discussion). However, Keshner is silent about wherein the greenhouse gas fluid storage equipment comprises at least a first storage container and a second storage container, wherein the first storage container is configured to be loaded with a portion of the greenhouse gas fluid when the second storage container is configured for a time to be unloading a different portion of the greenhouse gas fluid, and the second container is configured to be loaded with another portion of the greenhouse gas fluid when the first storage container is configured to be unloading for a time another different portion of the greenhouse gas fluid. Lissianski discloses the use of first and second storage containers to deposit liquified greenhouse gases (Column 8, Lines 17-20: “In an alternate embodiment, the purified and liquefied CO2 may be pumped to one or more CO2 storage containers contained on trucks, or the like, so they can be moved to other well pads”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a first storage container and a second storage container, wherein the first storage container is configured to be loaded with a portion of the greenhouse gas fluid when the second storage container is configured for a time to be unloading a different portion of the greenhouse gas fluid, and the second container is configured to be loaded with another portion of the greenhouse gas fluid when the first storage container is configured to be unloading for a time another different portion of the greenhouse gas fluid. The motivation would have been to have an array of containers available for continuous use.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678