Detailed Action
Status of Claims
In response to the communication filed 09/09/2025. Claims 1-7, 9, 14-16, 18-21 are currently pending and addressed below.
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 .
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.
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 1-7, 14 & 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Chalifoux (US Pub No 20170275979) in view of Galey (US Pub No 20140151045) & Farmer (US Pub No 20230272263).
In regards to claim 1, Chalifoux discloses: A method for recovering heavy oil from a reservoir, comprising: placing one or more downhole heaters (Chalifoux Fig 1; heater string 14 has heating element 16 [0059] various types of heating units and arrangements) in an injection wellbore (Chalifoux Fig 1; upper well 12 [0056] heater well); injecting a fluid composition comprising a dialkyl ether (Chalifoux [0005] solvent injection [0010] dimethyl ether used as a solvent) through the one or more downhole heaters (Chalifoux [0021] heater string allows fluid flow [ 0060] heating fluids in situ while passing along heater string prior to injection [0018] Injecting heated gaseous solvent into the wellbore); heating the fluid composition with the one or more downhole heaters to form a heated fluid composition (Chalifoux [0057] Heating element heats injection fluids and the formation [0022] resistive heater has mechanical parts that heat from electrical resistance); mixing the heated fluid composition with the heavy oil in the reservoir (Chalifoux [0060] Solvents (Dimethyl ether) mix with the hydrocarbons decreasing viscosity); decreasing a viscosity of the heavy oil (Chalifoux [0060] Solvents (Dimethyl ether) mix with the hydrocarbons decreasing viscosity); and collecting a mixture of the heated fluid composition and the heavy oil from a production wellbore (Chalifoux Fig 1; 12 lower well 12 [0002] reduction in viscosity allows for mixture to flow into bottom wellbore 12 and recovered).
Chalifoux recites a heater in the general sense but is silent as to the construction of the heater comprising a motor function.
However, Galey discloses mechanical heaters comprising a heating element configured to generate heat by motor function (Galey [0020], [0022] and [0024] disclose a heat generation technique relying on a friction generator that creates heat by mechanical movement between parts of downhole equipment, such as a stroke or rotational movement between parts and therefore a motor function as best understood)
As both Chalifoux and Galey both disclose a downhole heater, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to substitute the generic wellbore heater of Chalifoux for the frictional heater of Galey as Galey disclose they are equivalent and with a reasonable expectation of success to achieve the predictable result of heating the wellbore (Galey [0022] and [0024]).
Chalifoux discloses use of a solvent to increase viscosity (Chalifoux [0010] dimethyl ether solvent [0060] Solvents (Dimethyl ether) mix with the hydrocarbons decreasing viscosity) but is silent as to the use of a surfactant.
However, Farmer discloses: wherein the fluid composition further comprises an amphoteric surfactant (Farmer [0080] Surfactants are used to reduce surface tension [0228] & [0231] Amphoteric surfactant examples used in enhanced oil recovery) .
It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified Chalifoux to include a surfactant as taught by Farmer for the purpose of improving oil recovery rates (Farmer [0080] Surfactants are used to reduce surface tension [0228] & [0231] Amphoteric surfactant examples used in enhanced oil recovery)
In regards to claim 2, Chalifoux et al discloses: The method of claim 1, wherein the fluid composition is mechanically heated to a temperature in a range of from 50°C to 300°C (Chalifoux [0055] operates at 100-170C).
In regards to claim 3, Chalifoux et al discloses: further comprising partially vaporizing the dialkyl ether before injecting the heated fluid composition into the reservoir (Chalifoux [0060] Vaporizing the fluid as they pass along the heater string prior to injection).
In regards to claim 4, Chalifoux et al discloses: further comprising fully vaporizing the dialkyl ether before injecting the fluid composition into the reservoir (Chalifoux [0060] Vaporizing the fluid as they pass along the heater string prior to injection).
In regards to claim 5, Chalifoux et al discloses: the fluid composition consists essentially of the dialkyl ether (Chalifoux [0060] fluid injection is Dimethyl Ether).
In regards to claim 6, Chalifoux et al discloses: the fluid composition consists of the dialkyl ether (Chalifoux [0060] fluid injection is Dimethyl Ether).
In regards to claim 7, Chalifoux et al discloses: the dialkyl ether is selected from the group consisting of dimethyl ether (Chalifoux [0060] fluid injection is Dimethyl Ether), diethyl ether, and a mixture thereof.
With respect to claim 14, Chalifoux et al. discloses that the fluid composition has various concentrations by weight, but is silent as to the specific range of oil recovery percentage. Chalifoux teaches that oil recovery can be modified by using fluid dynamic principles for a variety of purposes including a specific range of oil recovery percentage (Chalifoux [0062]). As shown in para [0062] of Chalifoux, the recovery is disclosed to be a result effective variable in that changing the injection characteristics and distribution of injection strings effects the ability apply vaporized solvent in enhanced oil recovery. Further, it appears one of ordinary skill in the art would have had a reasonable expectation of success in modifying Chalifoux et al. to have an oil recovery rate within the claimed range, as it involves only adjusting the dimension of a component disclosed to require adjustment. Therefore, it would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chalifoux et al. by making the making the oil recovery rate in a range of 30-50% as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not invention to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
In regards to claim 19, Chalifoux discloses: A method for recovering heavy oil from a reservoir, comprising: placing a downhole heater (Chalifoux Fig 1; heater string 14 has heating element 16 [0059] various types of heating units and arrangements) in an injection wellbore (Chalifoux Fig 1; upper well 12 [0056] heater well); injecting a fluid composition comprising a dialkyl ether (Chalifoux [0010] dimethyl ether used as a solvent) through one or more downhole mechanical heaters (Chalifoux [0018] Injecting heated gaseous solvent into the wellbore); mechanically heating the fluid composition with the one or more downhole mechanical heaters to form a heated fluid composition (Chalifoux [0057] Heating element heats injection fluids and the formation), wherein the injecting and the heating of the fluid composition is performed by a huff-n-puff method (Chalifoux [0057] heating fluid and injection of solvent [0066] adequate temperature and oil viscosity has been achieved, production tubing is inserted); mixing the heated fluid composition with the heavy oil in the reservoir (Chalifoux [0060] Solvents (Dimethyl ether) mix with the hydrocarbons); decreasing a viscosity of the heavy oil (Chalifoux [0060] Solvents (Dimethyl ether) mix with the hydrocarbons decreasing viscosity); and collecting a mixture of the heated fluid composition and the heavy oil from a production wellbore (Chalifoux Fig 1; 12 lower well 12 [0002] reduction in viscosity allows for mixture to flow into bottom wellbore 12 and recovered).
Chalifoux recites a heater in the general sense but is silent as to the construction of the heater comprising a motor function.
However, Galey discloses mechanical heaters comprising a heating element configured to generate heat by motor function (Galey [0020], [0022] and [0024] disclose a heat generation technique relying on a friction generator that creates heat by mechanical movement between parts of downhole equipment, such as a stroke or rotational movement between parts and therefore a motor function as best understood)
As both Chalifoux and Galey both disclose a downhole heater, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to substitute the generic wellbore heater of Chalifoux for the frictional heater of Galey as Galey disclose they are equivalent and with a reasonable expectation of success to achieve the predictable result of heating the wellbore (Galey [0022] and [0024]).
Chalifoux discloses use of a solvent to increase viscosity (Chalifoux [0010] dimethyl ether solvent [0060] Solvents (Dimethyl ether) mix with the hydrocarbons decreasing viscosity) but is silent as to the use of a surfactant.
However, Farmer discloses: wherein the fluid composition further comprises an amphoteric surfactant (Farmer [0080] Surfactants are used to reduce surface tension [0228] & [0231] Amphoteric surfactant examples used in enhanced oil recovery) .
It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified Chalifoux to include a surfactant as taught by Farmer for the purpose of improving oil recovery rates (Farmer [0080] Surfactants are used to reduce surface tension [0228] & [0231] Amphoteric surfactant examples used in enhanced oil recovery)
In regards to claim 20, Chalifoux et al discloses: The method of claim 19, wherein the fluid composition is mechanically heated to a temperature in a range of from 50°C to 300°C (Chalifoux [0055] operates at 100-170C).
In regards to claim 21, Chalifoux et al discloses: The method of claim 19, wherein the dialkyl ether is selected from the group consisting of dimethyl ether, diethyl ether, and a mixture thereof (Chalifoux [0060] fluid injection is Dimethyl Ether).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chalifoux, Galey & Farmer as applied to claim 1 above, and further in view of King (US Pub No 20200157411).
With respect to claim 9, Chalifoux et al. discloses that the fluid composition has various concentrations by weight, but is silent as to the parts per million by weight of the surfactant. King teaches that surfactant concentration can be diluted for the desired concentration for a variety of purposes including achieving the desired interfacial tension of the hydrocarbons to be recovered (King [0069]). As shown in para [0068] of King, the concentration of surfactant with the solvent injected is disclosed to be a result effective variable in that changing the concentration effects the ability reduce interfacial tension. Further, it appears one of ordinary skill in the art would have had a reasonable expectation of success in modifying Chalifoux et al. to have a Concentration within the claimed range, as it involves only adjusting the dimension of a component disclosed to require adjustment. Therefore, it would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chalifoux et al. by making the surfactant concentration 100 ppmw to 1000 ppmw as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not invention to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claim(s) 15-16 & 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chalifoux (US Pub No 20170275979) in view of Galey (US Pub No 20140151045), Hytken (US Pub No 20170089187) & Farmer (US Pub No 20230272263).
In regards to claim 15, Chalifoux discloses: A method for recovering heavy oil from a reservoir, comprising: placing one or more downhole mechanical heaters (Chalifoux Fig 1; heater string 14 has heating element 16 [0059] various types of heating units and arrangements) in an injection wellbore (Chalifoux Fig 1; upper well 12 [0056] heater well); injecting a fluid composition comprising a dialkyl ether (Chalifoux [0010] dimethyl ether used as a solvent) through the one or more downhole mechanical heaters (Chalifoux [0018] Injecting heated gaseous solvent into the wellbore); mechanically heating the fluid composition with the one or more downhole mechanical heaters to form a heated fluid composition (Chalifoux [0057] Heating element heats injection fluids and the formation), mixing the heated fluid composition with the heavy oil in the reservoir (Chalifoux [0060] Solvents (Dimethyl ether) mix with the hydrocarbons); decreasing a viscosity of the heavy oil (Chalifoux [0060] Solvents (Dimethyl ether) mix with the hydrocarbons); and collecting a mixture of the heated fluid composition and the heavy oil from a production wellbore (Chalifoux Fig 1; 12 lower well 12 [0002] reduction in viscosity allows for mixture to flow into bottom wellbore 12 and recovered).
Chalifoux discloses the use of injecting a solvent with a fluid but does not disclose the specific fluid utilized (Chalifoux [0003])
However, Hytken teaches the use of a solvent injection with: water (Hytken [0044] water containing heated solvent for injection) for the purpose of increasing oil recovery.
It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified the recovery system of Chalifoux to include an injection fluid of water as taught by Hytken with a reasonable expectation of success for the purpose of using a well-known in injection fluid and increasing oil recovery (Hytken [0045])
Chalifoux in view of Hytken recites a heater in the general sense but is silent as to the construction of the heater comprising a motor function.
However, Galey discloses mechanical heaters comprising a heating element configured to generate heat by motor function (Galey [0020], [0022] and [0024] disclose a heat generation technique relying on a friction generator that creates heat by mechanical movement between parts of downhole equipment, such as a stroke or rotational movement between parts and therefore a motor function as best understood)
As both Chalifoux and Galey both disclose a downhole heater, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to substitute the generic wellbore heater of Chalifoux for the frictional heater of Galey as Galey disclose they are equivalent and with a reasonable expectation of success to achieve the predictable result of heating the wellbore (Galey [0022] and [0024]).
Chalifoux et al discloses use of a solvent to increase viscosity (Chalifoux [0010] dimethyl ether solvent [0060] Solvents (Dimethyl ether) mix with the hydrocarbons decreasing viscosity) but is silent as to the use of a surfactant.
However, Farmer discloses: wherein the fluid composition further comprises an amphoteric surfactant (Farmer [0080] Surfactants are used to reduce surface tension [0228] & [0231] Amphoteric surfactant examples used in enhanced oil recovery) .
It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified Chalifoux to include a surfactant as taught by Farmer for the purpose of improving oil recovery rates (Farmer [0080] Surfactants are used to reduce surface tension [0228] & [0231] Amphoteric surfactant examples used in enhanced oil recovery)
In regards to claim 16, Chalifoux et al disclose: The method of claim 15, wherein a dialkyl ether to water mass ratio of the fluid composition is 0.1 to 1.0 (Hytken [0044] water containing heated solvent for injection).
With respect to claim 18 Chalifoux et al. discloses that the fluid composition has various concentrations by weight, but is silent as to the parts per million by weight of the surfactant. Hytken teaches that surfactant concentration can be diluted for the desired concentration for a variety of purposes including achieving the desired interfacial tension of the hydrocarbons to be recovered (Hytken [0044]-[0045]). As shown in para [0044]-[0045] of Hytken, the concentration of surfactant with the solvent injected is disclosed to be a result effective variable in that changing the concentration effects the ability reduces interfacial tension. Further, it appears one of ordinary skill in the art would have had a reasonable expectation of success in modifying Chalifoux et al. to have a Concentration within the claimed range, as it involves only adjusting the dimension of a component disclosed to require adjustment. Therefore, it would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chalifoux et al. by making the surfactant concentration 100 ppmw to 1000 ppmw as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not invention to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Response to Arguments
Applicant’s amendments & arguments, filed 09/09/2025, with respect to independent claims 1, 15 & 19 have been fully considered and are persuasive. The 35 USC 103 rejections of independent claims 1, 15 & 19 has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Farmer (US Pub No 20230272263).
Conclusion
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 Nicholas D Wlodarski whose telephone number is (571)272-3970. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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, Nicole Coy can be reached at (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS D WLODARSKI/ Examiner, Art Unit 3672
/Nicole Coy/ Supervisory Patent Examiner, Art Unit 3672
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