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 .
Summary
The Applicants response filed on 07/08/25 is acknowledged. Claims 1-14 are pending and rejected.
NEW REJECTIONS
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 12 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. It is unclear if the step ‘cultivating algae’ which comes after ‘combing’ the 1st and 2nd streams for further processing (i.e. ib or iib) comes after the combination or before. It is noted that the ‘cultivating algae’ step follows after the combination steps ib or iib but implies it happens before and as such is unclear and indefinite since there are 2 possible interpretations. For prior art purposes it will be interpreted as having algal growth before combination of the streams.
Claim Rejections - 35 USC § 103-modified
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 of this title, 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 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over US
2013/0248175 (‘175) and US 20180119085 (‘085) and further in view of Eldos (2022).
‘175 teaches recovering and treating hydrocarbon fluids from fracking process
wherein a fluid stream containing a liquid or gas or both, produced water, solids and also dissolved contaminates wherein the hydrocarbons are separated in step ii) such that the hydrocarbons are removed and the fluid stream produces a second fluid stream comprising liquid water (abstract, claims). The liquid water from the 2nd stream is filtered to produce a permeate stream and the treated fluid stream is reused and recycled in various ways such as . According to ‘175 the produced water can include formation water, injection water (source water), filtration medium (i.e. water) and any chemicals such as limestone (CaCO3), hydrocarbons, hydrogen sulfide, oxides, silica, aluminum sulfate, etc. [0004-0009, 0022, 0034-0038, 0065-66, 0068]. It is noted that as stated above the 2nd step of ‘175 is to separate the hydrocarbon from the various water streams (abstract, claims and [0016], [0059-0060]
whole document) and that step vi of ‘175 states that the treated fluid stream can be
reused [0019]. ‘175 teaches fluid contains added gases including CO2, added industrial water, etc.[0006, 0035].
‘175 teaches various sources of water such as injection water (wastewater, recycled water), produced water (water recovered), etc. but does not specify that they are from different reservoirs. ‘175 does not teach further processing to cultivate algae but that is already known in ‘085. Likewise while ‘085 teaches all using nutrient dense industrial waste waters it does not mention removal of hydrocarbons from the effluent/stream 1st but this step is taught in ‘175.
‘085 teaches the combination of 2 effluents (i.e. streams) from 2 separate waste waters such as a byproduct produced, recycled water, farm waste, etc and wherein the 1st effluent has 1 algal growth component coupled to it and the 2nd has another nutrient growth and mix (abstract, [0012, 0030-0031], and Figs1-4). Specifically in [0031] the byproducts of waste streams can be processed to include organic materials that can be further separated and/o digested. ‘085 teaches that wastewater treatment with algae has been well documented since the 1950s and that such systems utilize the extra nutrients found in those wastewaters such as N, P, K, metals, and other organics (abstract, claims, [0003-0006]. ‘085 teaches a 1st and 2nd effluent streams (see Fig 1 and also [0011-12]). ‘085 teaches that lime or ash or mineral or other organics including hydrocarbons, carbonates, etc. can be utilized [0031, 0058, 0146].
‘085 teaches that CO2 from flue gas is fixed and used in the algal cultivation [0007, 0044, etc.]. ‘085 teaches that lipids are produced in algal wastewater treatment [0005, 0030, 0034]. ‘085 teaches that algal solids are produced and further that biofuel and also cosmetics are produced as a result of the algal products therein [0057, 0074]. ‘085 teaches harvesting and open raceway ponds are used as are photobioreactors in the creation of the products [0043, 0046, 0048, 0075].
It would be obvious to the skilled artisan at the time of filing to combine ‘175 and ‘085 with predictable results. The combination of the known processing of the fracking effluent water of ‘175 to reuse the water with further additional processing to cultivate algae as a biofuel or used further in cosmetics of ‘085 and which can be the combination of 2 separate sources of water (a 1st and 2nd stream with different sources and nutrients/profiles; suggested by ‘175 [0011-0012, 0030-0031] and shown in Figs 1-4 of ‘085) is within the purview of the skilled artisan. Such a combination of using the known effluent waste product of ‘175 further in another method ‘085 ready for improvement with the useful purpose of useable biofuel, produces, algae and clean water to be reused is obvious to the skilled artisan with a predictable result.
Response
Applicant argues that the prior art is not understood to disclose, teach or suggest ‘the first production stream and the second stream originate from different reservoirs which are not in fluid communication” and “combing the first (second) hydrocarbon stream and the second (first) production stream for further hydrocarbon processing.” Applicant specifically argues this with regards to ‘175. It is noted that this is an obviousness rejection and the 103 is not based on ‘175 alone but ‘175 in combination and ‘085. ‘175 clearly teaches the further processing of production streams comprised of various kinds of water/effluents/hydrocarbons, whereas ‘085 teaches that the sources can be wastewaters held in different reservoirs and that those reservoirs can be further later combined and produce various end products including cosmetics (see Fig 1-4; , [0011-0012, 0030]). Both references teach the reuse of wastewater from oil/gas productions. Further cited as interest below Eldos et al is further evidence of the various kinds of wastewater/liquids and their hydrocarbon contents which is varied. Eldos at Table 1 specifies that produced water has hydrocarbons, desalter effluents have hydrocarbons, cooling water has hydrocarbons, ballast water has hydrocarbons, etc. According to Eldos there exists upstream, midstream, and downstream stages with these various water sources some of which are clearly stored in separate containers from the wellbore itself (abstract, p 1, col. 1), this is further affirmed by ‘175 which lays out that there are various sources of liquid/water throughout the fracking/oil production which indeed includes produced water, injection water, filtration water, etc. which are utilized in various stages of production and would thereby contain hydrocarbons and in light of ‘085 it is clear that various types of wastewater can be stored in separated reservoirs (Fig. 4) and algal growth carried out based on their specific profiles prior to recombination and further processing (see Figs 1-4). As such it would be obvious to combine 2 separate streams from 2 separate reservoirs each with different amounts of hydrocarbons, minerals, etc and put them into a raceway for further processing of those hydrocarbons containing streams.
Cited As Interest
Eldos see Fig 1 and abstract and introduction which lays out that there are upstream, midstream and downstream processes in the oil/gas industry and that various types of water/fluid are added and generated over the various stages. Table 1 specifies that produced water has hydrocarbons, desalter effluents have hydrocarbons, cooling water has hydrocarbons, ballast water has hydrocarbons, etc.
Conclusions
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 BETHANY BARHAM whose telephone number is (571)272-6175. The examiner can normally be reached on M-F 9:30AM-6pm.
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/BETHANY P BARHAM/Supervisory Patent Examiner, Art Unit 1611
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