DETAILED ACTION
The present application is related to international application no. PCT/US24/51059.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on November 19, 2025 has been entered.
Claim Objections
Claims 1-20 are objected to because of the following informalities: inconsistent terminology. The claims recite “thief zone” and “thief zones” interchangeably Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) 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.
Claim 1 recites the limitation “having a median particle size of 1 um or less to no more than 140 um” in lines 2-3. The lower limit of “1 µm or less” is considered indefinite, because the phrase “or less” lacks clarity regarding what size of calcium carbonate particles are required to meet the claimed invention, and one of ordinary skill in the art would not be reasonably apprised of the scope of the claimed invention.
The Examiner suggests the following (or substantially similar) amendment to Claim 1:
1. (Currently amended) A method of improving subsurface injection conformance and sweep efficiency using extremely small calcium carbonate particles having a median particle size of about 1 µm to no more than 140 µm to shut off an injected fluid flow into thief zones and to divert the injected fluid to desired hydrocarbon, geothermal or carbon storage zones, the method comprising: …
Claims 1-20 are rejected under 35 U.S.C. 112(b) 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.
Claim 1 recites the limitation “evaluating and diagnosing of subsurface reservoir and the thief zones, thereby estimating and defining pore size and fracture width of the thief zone” in lines 6-7, which performs an evaluation and diagnosing step without previously introducing “a subsurface reservoir” into the claim language.
The Examiner suggests the following (or substantially similar) amendment to Claim 1:
1. (Currently amended) A method of improving subsurface injection conformance and sweep efficiency using extremely small calcium carbonate particles having a median particle size of about 1 µm to no more than 140 µm to shut off an injected fluid flow into thief zones within a subsurface reservoir and to divert the injected fluid to desired hydrocarbon, geothermal or carbon storage zones, the method comprising:
evaluating and diagnosing of the subsurface reservoir and the thief zones, thereby estimating and defining pore size and fracture width of the thief zone; …
Claims 1-20 are rejected under 35 U.S.C. 112(b) 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.
Claim 1 recites the limitation “evaluating and diagnosing of subsurface reservoir and the thief zones, thereby estimating and defining pore size and fracture width of the thief zone” in lines 6-7.
The claims, starting with independent Claim 1, recite the terms “thief zone” and “thief zones” interchangeably creating doubt whether the treatment plan is applied across multiple thief zones or to one thief zone.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Abdulaziz Ali Al Shuaibi et al. (NPL Citation, below)1 – reference cited by the Applicant.
Claim 1. A method of improving subsurface injection conformance and sweep efficiency using extremely small calcium carbonate particles having a median particle size of about 1 µm to no more than 140 µm to shut off an injected fluid flow into thief zones within a subsurface reservoir and to divert the injected fluid to desired hydrocarbon, geothermal or carbon storage zones (See rejection(s) under 35 U.S.C. § 112(b)), the method comprising:
evaluating and diagnosing of the subsurface reservoir and the thief zones (See rejection under 35 U.S.C. § 112(b)), thereby estimating and defining pore size and fracture width of the thief zone;
engineering and designing of a treatment plan for sealing pores and fractures of the thief zone, thereby determining the required calcium carbonate particle size, spectrum and concentration of the treatment plan;
introducing the calcium carbonate particles according to the treatment plan into the thief zones to create seals over the thief zone;
computing and estimating of permeability of the created seals over the thief zone thereby predicting and defining post-treatment permeability; and
determining injection conformance improvement, injected fluid rate distribution over different zones, and estimating oil or geothermal production rate increase, ratio of injection rate to withdrawal rate.
Abdulaziz Ali Al Shuaibi et al. (hereinafter “Al Shuaibi”) discloses using calcium carbonate (CaCO3) to improve waterflood conformance, wherein a predesigned volume of sized CaCO3 particles are injected downhole into water producing zones in a reservoir to reduce the permeability contrast between the fractures and the matrix, thereby improving the injection conformance to achieve better waterflood sweep efficiency (Abstract; p. 7, ¶2-3 of § Field Execution of CaCO3 for Waterflood Conformance); wherein the concentration of the recipe comprising CaCO3 particles, sizes of the particles, volumes, and pumping scheduling can be adjusted for the specific field, taking into account the known matrix parameters, condition of the injector wells, understanding of fracture geometry, and any known interference between producers and injectors in the targeted patterns (p. 6, ¶1 of § Field Execution of CaCO3 for Waterflood Conformance).
Al Shuaibi further discloses taking into account pore sizes, such as natural and man-made fractures or other flow pathways (p. 2, ¶4 of § Introduction); using mechanistic simulation models representative of the actual target zone (p. 3, ¶4 of § Use of Sized CaCO3 Particles for Water Shutoff Applications); injecting desired sizes of CaCO3 particles into target thief zones or other high-permeability sections to improve the injection profile with a goal to improve injection conformance for better waterflood sweep efficiency as well as improve oil production and increase the recovery factor (p. 7, ¶2-3 of § Field Execution of CaCO3 for Waterflood Conformance); and logging treatment zones before and after the conformance treatment to measure the improvement in the conformance profiles (p. 1, ¶4 of § Abstract; p. 8, ¶2 of § Maturity).
Although Al Shuaibi discloses that CaCO3 particles sized at 600 micron and 150 micron were used in the Safah field in Oman (p. 1, ¶4 of § Abstract), Al Shuaibi also discloses that sizes of the particles can be adjusted for the specific field, taking into account the known matrix parameters, condition of the injector wells, understanding of fracture geometry, and any known interference between producers and injectors in the targeted patterns (p. 6, ¶1 of § Field Execution of CaCO3 for Waterflood Conformance); and that optimization of the treatment may include introducing different particle sizes and pumping schedules to achieve better results and eliminate the risks of particles settling and screening out in the tubing and wellbore (p. 8, ¶2 – p. 9, ¶1 of § Maturity). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the CaCO3 particle sizes in Al Shuaibi to the range as claimed, because it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive 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 2. Al Shuaibi discloses that sized CaCO3 particles are injected downhole into water injection wells within water producing zones of a reservoir (p. 2, ¶2 of Abstract; p. 7, ¶2-3 of § Field Execution of CaCO3 for Waterflood Conformance).
Claim 3. Al Shuaibi discloses that water is also injected / flooded into the injection wells to sweep the matrix (p. 3, ¶4 of § Use of Sized CaCO3 Particles for Water Shutoff Applications).
Claim 4. Al Shuaibi discloses taking into account pore sizes, such as natural and man-made fractures or other flow pathways (p. 2, ¶4 of § Introduction), such that the predesigned volume of sized CaCO3 particles plug the fractures and high permeability pathways (p. 3, ¶3 of § Use of Sized CaCO3 Particles for Water Shutoff Applications); and logging treatment zones before and after the conformance treatment to measure the improvement in the conformance profiles (p. 1, ¶4 of § Abstract; p. 8, ¶2 of § Maturity).
Claims 5-6. Al Shuaibi discloses wherein the concentration of the recipe comprising CaCO3 particles, sizes of the CaCO3 particles, volumes, and pumping scheduling can be adjusted for the specific field, taking into account the known matrix parameters, condition of the injector wells, understanding of fracture geometry, and any known interference between producers and injectors in the targeted patterns (p. 6, ¶1 of § Field Execution of CaCO3 for Waterflood Conformance).
Claim 7. Al Shuaibi discloses taking into account pore sizes, such as natural and man-made fractures or other flow pathways (p. 2, ¶4 of § Introduction), such that the predesigned volume of sized CaCO3 particles plug the fractures and high permeability pathways (p. 3, ¶3 of § Use of Sized CaCO3 Particles for Water Shutoff Applications); using mechanistic simulation models representative of the actual target zone (p. 3, ¶4 of § Use of Sized CaCO3 Particles for Water Shutoff Applications); and injecting desired sizes of CaCO3 particles into target thief zones or other high-permeability sections to improve the injection profile with a goal to improve injection conformance (p. 7, ¶2-3 of § Field Execution of CaCO3 for Waterflood Conformance).
Claim 8. Al Shuaibi discloses injecting desired sizes of CaCO3 particles into target thief zones or other high-permeability sections to improve the injection profile with a goal to improve injection conformance (p. 7, ¶2-3 of § Field Execution of CaCO3 for Waterflood Conformance); and logging treatment zones before and after the conformance treatment to measure the improvement in the conformance profiles (p. 1, ¶4 of § Abstract; p. 8, ¶2 of § Maturity).
Claim 9. Al Shuaibi discloses that it is well known in the art of well conformance to use lost circulation materials (LCM particles) to plug bigger pores or flow pathways to prevent fluid losses, wherein the LCM materials may include: (a) fibrous, (b) flaky, (c) granular, and (d) blends of those three materials (p. 1, ¶4 of § Application of CaCO3 During Drilling Operations). It would have been an obvious matter of design choice to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize additional LCM materials compatible with the CaCO3 particles since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability (e.g., sufficient strength, durability, flexibility, hardness, etc.) for the intended use of that material. In re Leshin, 125 USPQ 416.
Claim 10. Al Shuaibi discloses wherein the concentration of the recipe comprising CaCO3 particles, sizes of the CaCO3 particles, volumes, and pumping scheduling can be adjusted for the specific field, taking into account the known matrix parameters, condition of the injector wells, understanding of fracture geometry, and any known interference between producers and injectors in the targeted patterns (p. 6, ¶1 of § Field Execution of CaCO3 for Waterflood Conformance). It would have been an obvious matter of design choice to one of ordinary skill in the art, before the effective filing date of the claimed invention, to optimize the ability of the recipe comprising CaCO3 particles in order to maintain contact with a solid surface by displacing another substance or material (i.e. wettability) since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability (e.g., sufficient strength, durability, flexibility, hardness, etc.) for the intended use of that material. In re Leshin, 125 USPQ 416.
Claims 11-14. Al Shuaibi discloses that the predesigned volume of sized CaCO3 particles plug the fractures and high permeability pathways (p. 3, ¶3 of § Use of Sized CaCO3 Particles for Water Shutoff Applications); wherein the concentration of the recipe comprising CaCO3 particles, sizes of the CaCO3 particles, volumes, and pumping scheduling can be adjusted for the specific field, taking into account the known matrix parameters, condition of the injector wells, understanding of fracture geometry, and any known interference between producers and injectors in the targeted patterns (p. 6, ¶1 of § Field Execution of CaCO3 for Waterflood Conformance).
Claims 15-16. Al Shuaibi discloses that it is well known in the art of well conformance to use lost circulation materials (LCM particles) to plug bigger pores or flow pathways to prevent fluid losses, wherein the LCM materials may include: (a) fibrous, (b) flaky, (c) granular, and (d) blends of those three materials (p. 1, ¶4 of § Application of CaCO3 During Drilling Operations). It would have been an obvious matter of design choice to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize additional LCM materials compatible with the CaCO3 particles and that do not interfere with the function of the CaCO3 particles during well conformance since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability (e.g., sufficient strength, durability, flexibility, hardness, etc.) for the intended use of that material. In re Leshin, 125 USPQ 416.
Claim 17. Al Shuaibi discloses injecting desired sizes of CaCO3 particles into target thief zones or other high-permeability sections to improve the injection profile with a goal to improve injection conformance for better waterflood sweep efficiency as well as improve oil production and increase the recovery factor (p. 7, ¶2-3 of § Field Execution of CaCO3 for Waterflood Conformance); and logging treatment zones before and after the conformance treatment to measure the improvement in the conformance profiles (p. 1, ¶4 of § Abstract; p. 8, ¶2 of § Maturity).
Claim 18. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the bulk density of the CaCO3 particles in Al Shuaibi to the range as claimed, because it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive 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 19. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the concentration of the CaCO3 particles in Al Shuaibi to the range as claimed, because it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive 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 20. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the volume of the CaCO3 particles in Al Shuaibi to the range as claimed, because it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive 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 arguments, filed August 4, 2025, have been considered but are moot, because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The Applicant has not provided additional arguments with the request for continued examination under 37 CFR 1.114, filed November 19, 2025.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kirkland, Catherine M. et al. (Citation Below)2.
Kirkland discloses a method of improving subsurface injection conformance using calcium carbonate particles to shut off injected fluid flow into the thief zones and to divert the injected fluid to desired hydrocarbon, geothermal or carbon storage zones, the method comprising: evaluating and diagnosing of subsurface reservoir and thief zones; engineering and design of a treatment plan for sealing the pores and fractures of the thief zone (Abstract; Figs. 1, 2; p. 1, Col. 2, ¶1 – p. 2, Col. 1, ¶1; p. 2, Col. 2, ¶3; p. 5, Col. 2, ¶4; p. 7, Col. 2, ¶2). Kirkland discloses using the injection of a media to promote the precipitation of calcium carbonate in thief zone regions of a subsurface injection well, thus sealing the thief zones and improving conformance, and directing fluid flow to a target oil-bearing zone; and determining injection conformance improvement, injected fluid rate distribution over different zones (Figs. 1, 2; p. 1, Col. 2, ¶1 – p. 2, Col. 1, ¶1; p. 7, Col. 1, ¶2; p. 7, Col. 2, ¶2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Crystal J. Lee whose telephone number is (571)272-6242. The examiner can normally be reached M-F from 8:00am - 5:00pm.
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/CRYSTAL J LEE/Primary Examiner, Art Unit 3674
1 Abdulaziz Ali Al Shuaibi et al. "A New Water Shut-Off Technology Using Sized Calcium Carbonate Particles in Safah Field, Oman." Paper presented at the Middle East Oil, Gas and Geosciences Show, Manama, Bahrain, February 2023. doi: https://doi.org/10.2118/213489-MS.
2 Kirkland, Catherine M. et al. “Addressing wellbore integrity and thief zone permeability using microbially-induced calcium carbonate precipitation (MICP): A field demonstration.” Journal of Petroleum Science and Engineering, Vol. 190, No. 107060, (2020), https://doi.org/10.1016/j.petrol.2020.107060.