DETAILED ACTION
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 Invention II (claims 4-20) in the reply filed on 01/29/2026 is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/17/2023 is being considered by the examiner.
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.
Claims 15-18 are 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 pre-AIA the applicant regards as the invention.
Regarding claim 15 (and claims 16-18 by dependency): “the mass” lacks antecedent basis.
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 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 4-10 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Loisel (US 5465610 A) in view of Huang et al. (US 9862882 B2).Regarding claim 4:Loisel teaches a method for evaluating a foamer, the method comprising the steps of:
(a) combining (i) an aqueous phase (liquid - e.g., abstract), a hydrocarbon phase, or both an aqueous phase and a hydrocarbon phase in a predetermined proportion with (ii) a foamer (e.g., abstract) to obtain a liquid (e.g., Col. 1, Lines 7-10), (b) sparging the liquid with a gas under sparging conditions including a predetermined gas flow rate to create a foam from at least some of the liquid and at least some of the gas (Col. 3, Lines 42-61; Col. 5, Line 18; Col. 5, Lines 39-23); and (c) during or after the step of sparging, determining the amount of the liquid in the foam (e.g., Col. 4, Line 67 through Col. 5, Line 3), wherein the step of determining is performed one or more times (Col. 5, Lines 48-58)Loisel fails to explicitly teach:
wherein the foamer is in a predetermined concentration in the liquidHuang teaches:
wherein the foamer is in a predetermined concentration in the liquid (Col. 11, Lines 10-67)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a predetermined concentration in the liquid, as taught by Huang, in the method of Loisel, to allow for precise testing of various types and concentrations of foamers for comparison thereof.
Regarding claim 5:Loisel and Huang teach all the limitations of claim 4, as mentioned above.Loisel fails to explicitly teach:
wherein the aqueous phase is water, a synthetic water composition simulating water obtained from a well, or a sample of water obtained from a wellHuang teaches:
wherein the aqueous phase is water, a synthetic water composition simulating water obtained from a well, or a sample of water obtained from a well(e.g., Col. 11, Lines 26-30; Col. 9, Line 30 through Col. 10, Line 5)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use one or more of the aqueous phases of Huang in the method of Loisel to allow for the evaluating of various foamers in various liquids that are encountered in oil and gas production. Foaming agents and the solutions they are used in span a variety of use cases. As evidenced by Huang, foamer and foamer efficiency is important to evaluate for the field of oil and gas production. Specifically see Huang, Column 1, Lines 46-61.
Regarding claim 6:Loisel and Huang teach all the limitations of claim 4, as mentioned above.Loisel fails to teach:
wherein the hydrocarbon phase is kerosene, a hydrocarbon composition simulating a hydrocarbon obtained from a well, or a sample of a hydrocarbon obtained from a wellHuang teaches:
wherein the hydrocarbon phase is kerosene, a hydrocarbon composition simulating a hydrocarbon obtained from a well, or a sample of a hydrocarbon obtained from a well(e.g., Col. 2, Lines 12-27 ;Col. 11, Lines 26-30; Col. 9, Line 30 through Col. 10, Line 5)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use one or more of the phases/solutions of Huang in the method of Loisel to allow for the evaluating of various foamers in various liquids that are encountered in oil and gas production. Foaming agents and the solutions they are used in span a variety of use cases. As evidenced by Huang, foamer and foamer efficiency is important to evaluate for the field of oil and gas production. Specifically see Huang, Column 1, Lines 46-61.
Regarding claim 7:Loisel and Huang teach all the limitations of claim 4, as mentioned above.Loisel fails to teach:
wherein the foamer is a hydrophilic foamer or an amphiphile foamerHuang teaches:
wherein the foamer is a hydrophilic foamer or an amphiphile foamer(The alcohol ether sulfonate foaming agents of Huang are amphiphilic surfactants, possessing both a hydrophobic alkyl chain R1 and a hydrophilic sulfonate head group -SO3M with ethylene oxide and propylene oxide units, as described by, for example, Formula I. Also see Formula II. Huang discloses a wide range of foamers meeting the instant claim limitations)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use one or more of the foamers of Huang in the method of Loisel to allow for the evaluating of various foamers in various liquids that are encountered in oil and gas production. Foaming agents and the solutions they are used in span a variety of use cases. As evidenced by Huang, foamer and foamer efficiency is important to evaluate for the field of oil and gas production.
Regarding claim 8:Loisel and Huang teach all the limitations of claim 4, as mentioned above.Loisel also teaches:
wherein the gas is selected from the group consisting of air, nitrogen, carbon dioxide, or any combination thereof in any proportion(e.g., Col. 3, Lines 43-56)
Regarding claim 9:Loisel and Huang teach all the limitations of claim 4, as mentioned above.Loisel fails to explicitly teach:
wherein the step of sparging additionally comprises controlling the temperature of the liquid during the step of sparging(although Loisel does explicitly teach “various factors such as the concentration, the pH-acidity, the temperature and the production methods of the foam affect the foaming properties of the products in solution or in suspension”)Huang teaches:
wherein the step of sparging additionally comprises controlling the temperature of the liquid during the step of sparging (heading in Table 1 “room temperature” in view of Col. 11, Lines 11-25)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to control the temperature of the liquid, as taught by Huang, in the method of Loisel to increase the accuracy of the results by, at least partially, recreating the environment in which the foamer will be used, such as in the downhole oil and gas operations disclosed by Huang.
Regarding claim 10:Loisel and Huang teach all the limitations of claim 4, as mentioned above.Loisel either teaches or renders obvious:
wherein the step of determining the amount of the liquid in the foam comprises the steps: (a) measuring the volume of the liquid before the step of sparging; (b) during or after the step of sparging, measuring the volume of the liquid remaining that is not in the foam; and (c) subtracting the volume of liquid remaining that is not in the foam from the volume of the liquid before the step of sparging to determine a difference that is the amount of the liquid in the foam(e.g., Col. 4, Line 60 through Col. 5, Line 3; Col. 5, Line 38 through Col. 6, Line 59. The examiner notes that Loisel explicitly teaches that the liquid level is used to measure the volume of liquid present in the form formed. Reading the disclosure of Loisel, one of ordinary skill in the art would recognize that Loisel implicitly discloses or renders prima facie obvious that the amount of liquid in the foam is/may be determined calculating by the difference between the volume of liquid before sparging and the volume of remaining liquid after sparging that is not in the foam.)
Regarding claim 14:Loisel and Huang teach all the limitations of claim 4, as mentioned above.Loisel also teaches:
over time during or after the step of sparging, recording with a camera the visual appearance of the foam as it changes over time(Col. 2, Lines 43-46)
Regarding claim 15:Loisel and Huang teach all the limitations of claim 4, as mentioned above.Loisel fails to teach:
wherein the step of determining the mass or the amount of the liquid in the foam comprises the steps of: (a) collecting the foam to obtain a collected foam and any of the liquid dropped from the collected foam; and (b) measuring the mass of the collected foam and any of the liquid dropped from the collected foamHuang teaches:
wherein the step of determining the mass or the amount of the liquid in the foam comprises the steps of: (a) collecting the foam to obtain a collected foam and any of the liquid dropped from the collected foam; and (b) measuring the mass of the collected foam and any of the liquid dropped from the collected foam(Col. 11, Lines 11-37)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to collect and measure the mass of the foam, as taught by Huang, in the method of Loisel as it is an art-recognized equivalent method for determining an amount of liquid in a foam.
Regarding claim 16:Loisel and Huang teach all the limitations of claim 15, as mentioned above.Loisel fails to teach:
wherein the step of collecting the foam additionally comprises cooling the foam to reduce any evaporation of the liquid in the foam to the atmosphereHuang teaches:
wherein the step of collecting the foam additionally comprises cooling the foam to reduce any evaporation of the liquid in the foam to the atmosphere (Col. 11, Lines 11-37)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the condenser of Huang in the method of Loisel and Huang set forth in the claim 15 rejection above, to prevent evaporation of the liquid. Huang teaches temperatures as high as 190° F. At such elevated temperatures over 15+ minutes, the liquids in the foam may evaporate, leading to inaccurate results.
Regarding claim 17:Loisel and Huang teach all the limitations of claim 16, as mentioned above.As combined in the claim 16 rejection above, Huang teaches:
wherein cooling the foam is with a condenser (Col. 11, Lines 11-37)
Regarding claim 18:Loisel and Huang teach all the limitations of claim 16, as mentioned above.As combined in the claim 16 rejection above Loisel and Huang teach:
additionally comprising the steps of: (a) over time during or after the step of sparging, recording the mass of the collected foam and any of the liquid dropped from the collected foam; and (b) analyzing the recorded masses using a central processing unit to determine the amounts of the liquid in the collected foam over time(As set forth in the rejections of claims 1 and 16, Huang teaches the mass measurements and Loisel teaches the amount of liquid in the foam is measured over time.)
Regarding claim 19:Loisel and Huang teach all the limitations of claim 4, as mentioned above.Loisel also teaches or renders obvious:
additionally comprising the steps of: (a) during or after the step of sparging, determining the volume of the foam; and (b) based on the step of determining the amount of the liquid in the foam, determining the density of the foam(e.g., Col. 2, Lines 38-42; Col. 6, Lines 5-6)
Regarding claim 20:Loisel and Huang teach all the limitations of claim 4, as mentioned above.Loisel either teaches or strongly suggests:
wherein the steps of combining, sparging, and determining the amount of the liquid in the foam are steps of a discrete and separate test for the liquid and for the sparging conditions from another discrete and separate test for a different liquid or for different sparging conditions(e.g., Col. 6, Line 64 through Col. 7, Line 2)Huang explicitly teaches:
wherein the steps of combining, sparging, and determining the amount of the liquid in the foam are steps of a discrete and separate test for the liquid and for the sparging conditions from another discrete and separate test for a different liquid or for different sparging conditions(Col. 11, Table 2 and Lines 60-67)
One would find it obvious to repeat the method of Loisel and/or Huang on different products or under different conditions to test which product may be best for a specific use or environment.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Loisel (US 5465610 A) in view of Huang et al. (US 9862882 B2) and further in view of Kim et al. (US 20090107234 A1).Regarding claim 11:Loisel and Huang teach all the limitations of claim 4, as mentioned above.Loisel also teaches:
recording the volume and other properties of the foam over time using a camera operatively connected to a central processing unit (Col. 2, Lines 43-46; Col. 4, Line 34 through Col. 5, Line 8)(i.e., Loisel monitors the foam using the camera and monitors the liquid using electrodes - Col. 4, Line 60 through Col. 5, Line 3)Loisel fails to explicitly teach:
wherein the step of determining the amount of the liquid in the foam comprises the steps: (a) recording the volume of the liquid before the step of sparging using a camera operatively connected to a central processing unit; (b) over time during or after the step of sparging, recording the volume of the liquid remaining that is not in the foam using the camera operatively connected to a central processing unit; and (c) analyzing the recorded volumes over time using the central processing unit to determine the differences that are the volumes of the liquid in the foam over timeKim teaches:
determining liquid level using a camera (e.g., [0059]-[0060], FIGS. 5-6)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the camera to make liquid level / volume measurements, as taught by Kim, in the method of Loisel, as it is an art-recognized equivalent means for determining the level of a liquid. The examiner notes that the claim limitations that Loisel fails to explicitly teach are met upon combination with Kim. Specifically, the combination results in the device of Loisel being configured such that the height of the liquid may be seen through transparent column and the camera used to determine liquid levels / amounts instead of the electrodes 24.
Regarding claim 12:Loisel, Huang, and Kim teach all the limitations of claim 11, as mentioned above.Loisel strongly suggests, but fails to explicitly teach:
wherein recording the volume of the liquid is with a graduated cylinder having graduated markings(FIG. 1 of Loisel appears to show the light source 29 have or indicating markings and Loisel teaches “the camera 28 can then be advantageously positioned on calibrated marks which enable to determine various foam heights in relation to the column used”; however, Loisel fails to explicitly a graduated cylinder having graduated markings)Huang and Kim teach:
wherein recording the volume of the liquid is with a graduated cylinder having graduated markings (e.g., Huang - Col. 11, Lines 12-25; Kim - FIGS. 3-5 and [0059]-[0060])
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a graduated cylinder with graduated markings in the method of Loisel to allow the camera and processor to easily calculate the volume of liquid and/or foam, without needing to take into account the diameter of the column (see, e.g., Loisel - Col. 4, Lines 43-51).
Regarding claim 13:Loisel, Huang, and Kim teach all the limitations of claim 11, as mentioned above.Loisel (as combined in the claim 11 rejection above), teaches:
graphically plotting the recorded volumes over time using the central processing unit operatively connected to a user interface(e.g., FIG. 3, element 3; Col. 6, Lines 30-52)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Herbert Keith Roberts whose telephone number is (571)270-0428. The examiner can normally be reached 10a - 6p MT.
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/HERBERT K ROBERTS/Primary Examiner, Art Unit 2855