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
Applicant’s election without traverse of Group II, the applicant further selects hexamethylenediamine for the type of amine and hydrochloric acid for the type of acid, claims 8-11 and 13 in the reply filed on 05/26/2026 is acknowledged.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "104" and "107" have both been used to designate casing. 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. 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.
Claim Objections
Claims 10 is objected to because of the following informalities: The term “about” does not provide an exactitude, but rather a contemplated variation. Appropriate correction is required.
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, and 13 are rejected under 35 U.S.C. 102(a) (1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Merli et al. (US 2013/0281326 A1) (“Merli” herein – provided by applicant)
Claim 8.
Merli discloses a wellbore fluid, comprising:
an aqueous base fluid; and
a solid shale inhibitor dissolved in the aqueous base fluid, the solid shale inhibitor comprising a salt comprising a reaction product of: at least one of hexamethylenediamine, and at least one of hydrochloric acid. [0003, 0013-0020, 0026, 0039, 0051]
or a different interpretation of Merli
Merli discloses a wellbore fluid, comprising:
an aqueous base fluid; and
a solid shale inhibitor dissolved in the aqueous base fluid, the solid shale inhibitor comprising a salt comprising a reaction product of: at least one of hexamethylenediamine, and at least one of hydrochloric acid. [0003, 0013-0020, 0026, 0039, 0051]
Merli does not explicitly disclose the terminology as recited within the claimed invention: a solid shale inhibitor. However, Merli discloses that 8 g of shale inhibitor are added to 350 ml of synthetic sea water and, then, the fluid is mixed with a Hamilton Beach shaker for 15 minutes ([0039]), which serves as a solid shale inhibitor. Therefore, the Examiner interprets this disclosure to read on the claimed invention.
Claim 9.
Merli discloses the wellbore fluid of claim 8, further comprising at least one viscosifier. [0033]
Claim 10.
Merli discloses the wellbore fluid of claim 8, wherein the solid shale inhibitor constitutes from about 0.5 volume percent to about 5.0 volume percent of the wellbore fluid. [0021-0022]
Claim 11.
Merli discloses the wellbore fluid of claim 8, wherein the solid shale inhibitor consists essentially of hexamethylenediamine hydrochloride. [0013-0020]
Claim 13.
Merli discloses the wellbore fluid of claim 8, wherein the solid shale inhibitor comprises a salt of hexamethylenediamine. [0013-0020]
Claims 8-11, and 13 are rejected under 35 U.S.C. 102(a) (1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Chamberlain et al. (US 2002/0155956) (“Chamberlain” herein)
Claim 8.
Chamberlain discloses a wellbore fluid, comprising:
an aqueous base fluid; and
a solid shale inhibitor dissolved in the aqueous base fluid, the solid shale inhibitor comprising a salt comprising a reaction product of: at least one of hexamethylenediamine, and at least one of hydrochloric acid. [Abstract, 0024, 0028-0031]
or a different interpretation of Chamberlain
Chamberlain discloses a wellbore fluid, comprising:
an aqueous base fluid; and
a solid shale inhibitor dissolved in the aqueous base fluid, the solid shale inhibitor comprising a salt comprising a reaction product of: at least one of hexamethylenediamine, and at least one of hydrochloric acid. [Abstract, 0024, 0028-0031]
Chamberlain does not explicitly disclose the terminology as recited within the claimed invention: a solid shale inhibitor. However, Chamberlain discloses that the invention marketed as Newpark Hi Perm.TM. comes in 201 plastic pails, 32 pails per pallet. The product can be added directly to the mud system either on surface or through the mixing system. ([0040]), which serves as a solid shale inhibitor. Therefore, the Examiner interprets this disclosure to read on the claimed invention.
Claim 9.
Chamberlain discloses the wellbore fluid of claim 8, further comprising at least one viscosifier. [0041]
Claim 10.
Chamberlain discloses the wellbore fluid of claim 8, wherein the solid shale inhibitor constitutes from about 0.5 volume percent to about 5.0 volume percent of the wellbore fluid. [0040]
Claim 11.
Chamberlain discloses the wellbore fluid of claim 8, wherein the solid shale inhibitor consists essentially of hexamethylenediamine hydrochloride. (i.e. hexamethylenediamine formed with HCl )[Abstract, 0024] as evidenced by Merli on ¶ [0015] HMDA=hydrochloride salt of hexamethylenediamine)
Claim 13.
Chamberlain discloses the wellbore fluid of claim 8, wherein the solid shale inhibitor comprises a salt of hexamethylenediamine. [Abstract, 0024]
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 8-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Merli and further in view of May et al. (US 2021/0102108 A1) (“May” herein).
Claim 8.
Merli discloses a wellbore fluid, comprising:
an aqueous base fluid; and
a shale inhibitor dissolved in the aqueous base fluid, the solid shale inhibitor comprising a salt comprising a reaction product of: at least one of hexamethylenediamine, and at least one of hydrochloric acid. [0003, 0013-0020, 0026, 0039, 0051]
Merli does not explicitly disclose solid shale inhibitor.
May teaches the limitation above (See paragraph 0011→ May teaches this limitation in that the methods of the present disclosure may include providing a treatment fluid including an aqueous base fluid and a solid shale inhibitor additive including carrier particles and a treatment composition that includes a shale inhibitor; introducing the treatment fluid into at least a portion of a subterranean formation to contact at least a portion of the subterranean formation that includes shale and a loss zone; allowing at least a portion of the shale inhibitor to be released from the carrier particles and interact with the shale in the subterranean formation to at least partially inhibit the shale; and allowing at least a portion of the carrier particles to at least partially plug the loss zone.) for the purpose of having the shale inhibitor released from the carrier particles and interact with the shale in the subterranean formation to at least partially inhibit the shale; and allowing at least a portion of the carrier particles to at least partially plug the loss zone. [0011]
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the method of Merli, with the above limitation, as taught by May, in order to have the shale inhibitor released from the carrier particles and interact with the shale in the subterranean formation to at least partially inhibit the shale; and allowing at least a portion of the carrier particles to at least partially plug the loss zone.
Claim 9.
Merli discloses the wellbore fluid of claim 8, further comprising at least one viscosifier. [0033]
Claim 10.
Merli discloses the wellbore fluid of claim 8, wherein the solid shale inhibitor constitutes from about 0.5 volume percent to about 5.0 volume percent of the wellbore fluid. [0021-0022]
Claim 11.
Merli discloses the wellbore fluid of claim 8, wherein the solid shale inhibitor consists essentially of hexamethylenediamine hydrochloride. [0013-0020]
Claim 13.
Merli discloses the wellbore fluid of claim 8, wherein the solid shale inhibitor comprises a salt of hexamethylenediamine. [0013-0020]
Claims 8-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Chamberlain and further in view of May et al. (US 2021/0102108 A1) (“May” herein).
Claim 8.
Chamberlain discloses a wellbore fluid, comprising:
an aqueous base fluid; and
a solid shale inhibitor dissolved in the aqueous base fluid, the solid shale inhibitor comprising a salt comprising a reaction product of: at least one of hexamethylenediamine, and at least one of hydrochloric acid. [Abstract, 0024, 0028-0031]
Chamberlain however does not explicitly disclose solid shale inhibitor.
May teaches the limitation above (See paragraph 0011→ May teaches this limitation in that the methods of the present disclosure may include providing a treatment fluid including an aqueous base fluid and a solid shale inhibitor additive including carrier particles and a treatment composition that includes a shale inhibitor; introducing the treatment fluid into at least a portion of a subterranean formation to contact at least a portion of the subterranean formation that includes shale and a loss zone; allowing at least a portion of the shale inhibitor to be released from the carrier particles and interact with the shale in the subterranean formation to at least partially inhibit the shale; and allowing at least a portion of the carrier particles to at least partially plug the loss zone.) for the purpose of having the shale inhibitor released from the carrier particles and interact with the shale in the subterranean formation to at least partially inhibit the shale; and allowing at least a portion of the carrier particles to at least partially plug the loss zone. [0011]
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the method of Chamberlain, with the above limitation, as taught by May, in order to have the shale inhibitor released from the carrier particles and interact with the shale in the subterranean formation to at least partially inhibit the shale; and allowing at least a portion of the carrier particles to at least partially plug the loss zone.
Claim 9.
Chamberlain discloses the wellbore fluid of claim 8, further comprising at least one viscosifier. [0041]
Claim 10.
Chamberlain discloses the wellbore fluid of claim 8, wherein the solid shale inhibitor constitutes from about 0.5 volume percent to about 5.0 volume percent of the wellbore fluid. [0040]
Claim 11.
Chamberlain discloses the wellbore fluid of claim 8, wherein the solid shale inhibitor consists essentially of hexamethylenediamine hydrochloride. (i.e. hexamethylenediamine formed with HCl )[Abstract, 0024] as evidenced by Merli on ¶ [0015] HMDA=hydrochloride salt of hexamethylenediamine)
Claim 13.
Chamberlain discloses the wellbore fluid of claim 8, wherein the solid shale inhibitor comprises a salt of hexamethylenediamine. [Abstract, 0024]
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Badel et al. (US 2015/0344765 A1) CLAY-SWELLING INHIBITOR, COMPOSITIONS COMPRISING SAID INHIBITOR AND PROCESSES USING SAID INHIBITOR teaches The use of an additive as a clay-swelling inhibitor, especially in the field of drilling is described. More specifically, the use of 2-methylpentane-1,5-diamine or an organic or inorganic salt of 2-methylpentane-1,5-diamine as an inhibitor of the swelling of clays in an aqueous medium is described. Also described is a drilling fluid composition or hydraulic fracturing fluid composition including 2-methylpentane-1,5-diamine or an organic or inorganic salt thereof and drilling or hydraulic fracturing processes using the compositions, Young et al. (US 2017/0362488 A1) Dry Products For Wellbore Fluids And Methods Of Use Thereof teaches A method may include adding a dry carrier powder loaded with a liquid additive into a wellbore fluid, thereby releasing at least a portion of the liquid additive into the wellbore fluid; and pumping the wellbore fluid with the liquid additive therein into a wellbore, Ballard et al. (US 2009/0294179 A1) METHOD OF CONTROLLING FLUID LOSS AND MATERIALS USEFUL THEREIN teaches A method of controlling the loss of a drilling fluid from a well bore into a subterranean formation in which one illustrative embodiment includes: drilling the well bore with an aqueous based drilling fluid that includes an aqueous phase and a shale hydration inhibitor that is a polyether amine compound, and circulating into the well bore a fluid pill including a dialdehyde crosslinking agent. The dialdehyde crosslinking agent reacts with the polyether amine compound and forms a polymeric material.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SILVANA C RUNYAN whose telephone number is (571)270-5415. The examiner can normally be reached M-F 7:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at 571-272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SILVANA C RUNYAN/Primary Examiner, Art Unit 3674 06/09/2026
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