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 .
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/10/2025 has been entered.
Response to Arguments
Applicant’s arguments, filed on 12/10/2025, with respect to rejection of claim 1 under 35 USC 112 1st and 2nd have been fully considered and are persuasive. The rejections of claim 1 have been withdrawn.
Applicant’s arguments, filed on 12/10/2025, with respect to the rejection(s) of Claims 1-3, and 5-10 under 35 U.S.C. 102(a) (1) as being anticipated by Sayed et al. (US 2019/0023973) 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.
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 1-3 and 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Baran, JR. et al. (US 2003/0220204 A1) (“Baran” herein) above, and further in view of Saini et al. (US 2020/0231864 A1) (“Saini” herein).
(Claim contains only selected species)
.
Claim 1.
Baran discloses a foamed formation treatment fluid comprising: [0005-0007]
a wettability alteration agent; [0039-0043]
an aqueous solvent comprising water and alcohol; (Claim 44)
an injection gas; . [0052-0059] and
optionally a foaming agent, [0052-0059]
wherein the formation treatment fluid is in the form of a foam, [0005,-0007]
wherein the wettability alteration agent is selected from the group consisting of nanoparticles [0039-0049] and
wherein the formation treatment fluid has a flash point of at least 50 °C.
Baran however does not explicitly disclose the nanoparticles as charged nanoparticles modified with fluorine containing groups.
Saini teaches the above limitation (See paragraphs 0005, 0008-0009 & 0070 → Saini teaches this limitation in that the methods involve chemical modifications of the rock formation using functionalized particles (for example, nanoparticles) in combination with morphological modifications of the rock formation. In some embodiments, the methods include particles functionalized with a chemical moiety (R) that can react with a chemical moiety (R′) on the surface of a rock formation to form a covalent or electrostatic bond. he first chemical moiety (R) is selected from the group consisting of a silyl ether group, an amine group, an aromatic amine, an ammonium group, a quaternary amine group, a polyamine, a silanol, an isocynate, an epoxide, a hydroxyl, a phenol, a halogen, halosilanes, a carboxyl group, a carboxylate group, a phosphate group, a phosphonium group, a phosphonate group, a phosphine, a sulfonate group, a sulfate group, a sulfonic acid group, a pyridine group, a pyridinium group, a sulfur, a mercaptan, an aldehyde, a succinic anhydride, an ester group, a thiocynate, silyl hydrides, a methacryloxy group, an acrylamide group, an allyl group, zwitterionic groups, and combinations thereof. The second chemical moiety (R′) is selected from the group consisting of a hydroxyl group, an amine group, a metallic oxide group, metallic carbonate groups, silicate groups, a polyamine, a quaternary amine group, an epoxide, an isocynate, a silyl ether group, an aromatic amine, an ammonium group, a silanol, an isocynate, a phenol, a halogen, halosilanes, a carboxylic acid, a carboxylate group, a phosphate group, a phosphonate group, a phosphine, a sulfonate group, a sulfate group, a sulfonic acid group, a pyridinium group, a sulfur, a mercaptan, an aldehyde, a succinic anhydride, an ester group, a thiocynate, silyl hydrides, a methacryloxy group, an acrylamide group, an allyl group, and combinations thereof. IG. 3 describes an exemplary one-step method. The particle functionalized with the first chemical moiety (R) and the chemical moiety (L) forms a covalent bond with the hydroxyl group (R′) on the rock formation. In this example, the silyl ether group of the particle reacts with the hydroxyl group. The fluorine containing group of the particle having a lower surface free energy than an untreated rock formation may provide reduced wettability of the rock formation to water or oil. Another exemplary functionalization of the particles for the one-step method is illustrated in FIG. 7. The particle functionalized with the first chemical moiety (L) and the chemical moiety (R), where R forms an electrostatic bond with the rock formation.) for the purpose of having the particles a lower surface free energy than an untreated rock formation may provide reduced wettability of the rock formation to water or oil. [0070]
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 Baran, with the above limitation, as taught by Saini, in order to have having a lower surface free energy than an untreated rock formation may provide reduced wettability of the rock formation to water or oil.
Since Baran teaches the same composition comprising of water and alcohol solvent, nanoparticles,, injection gas, optionally a foaming agent, it would be a formation fluid, an aqueous solvent, a wettability alteration agent, nanoparticles charged modified with fluorine containing groups, and the formation treatment fluid would have a flash point of at least 50 °C.
"Products of identical chemical composition cannot have mutually exclusive properties”. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant disc loses and /or claims are necessarily present. See MPEP 2112.01 (I), In re Best, 562 F2d at 1255, 195 USPQ at 433, Titanium Metals Corp v Banner, 778 F2d 775, 227 USPQ 773 (Fed Cir 1985) , In re Ludtke, 441 F2d 660, 169 USPQ 563 (CCPA 1971) and Northam Wareen Corp v DF Newfield Co, 7 F Supp 773, 22 USPQ 313 (EDNY1934).
Claim 2.
Baran discloses the foamed formation treatment fluid of claim 1, further comprising a surfactant selected from the group consisting of a betaine-based surfactant, a viscoelastic surfactant, a polymeric surfactant, a fluorinated surfactant, and combinations thereof. [0003-0005, 0009, 0015]
Claim 3.
Baran discloses the foamed formation treatment fluid of claim 1, wherein the wettability alteration agent is present in the treatment fluid in an amount of about 0.01 wt% to about 10.0 wt% based on the total weight of the treatment fluid. [0039-0047]
Claim 5.
Baran discloses the foamed formation treatment fluid of claim 1, wherein the wettability alteration agent comprises the charged nanoparticles having a mean diameter in a range of from about 1 nm to about 1000 nm. [0039-0047]
Claim 6.
Baran discloses the foamed formation treatment fluid of claim 1, wherein the aqueous solvent further comprises hydrocarbons. (Claim 44)
Claim 7.
Baran discloses the foamed formation treatment fluid of claim 1, wherein the injection gas comprises air, nitrogen (N₂), carbon monoxide (CO), carbon dioxide (CO₂), natural gas, or mixtures thereof. [0052-0059]
Claim 8.
Baran discloses the foamed formation treatment fluid of claim 1, wherein nanoparticles are present in a particle suspension. [0039-0049]. Baran however does not explicitly discloses the nanoparticles as the charged nanoparticles. (Same as claim 1)
Claim 9.
Baran discloses the foamed formation treatment fluid of claim 1, wherein the nanoparticles are present in a particle suspension in an amount ranging from about 0.001 wt% to about 10 wt% based on the total weight of the particle suspension. [0039-0049] Baran however does not explicitly discloses the nanoparticles as the charged nanoparticles. (Same as claim 1)
Claim 10.
Baran discloses the foamed formation treatment fluid of claim 1. Baran however does not explicitly discloses the nanoparticles as the charged nanoparticles., wherein the nanoparticles are present in a suspension, and
wherein the suspension comprises particles functionalized with a first moiety and a second moiety,
wherein the first moiety is selected from the group consisting of a silyl ether, an amine, an aromatic amine, an ammonium, a quaternary amine, a polyamine, a silanol, an isocyanate, an epoxide, a hydroxyl, a phenol, a halogen, a halosilane, a carboxyl, a carboxylate, a phosphate, a phosphonium, a phosphonate, a phosphine, a sulfonate, a sulfate, a sulfonic acid, a pyridine, a pyridinium, a sulfur, a mercaptan, an aldehyde, a succinic anhydride, an ester, a thiocyanate, a silyl hydride, a methacryloxy, an acrylamide, an allyl, a zwitterionic group, and any combinations thereof; and
wherein the second moiety is selected from the group consisting of a hydroxyl, an amine, a metallic oxide, a metallic carbonate, a silicate, a polyamine, a quaternary amine, an epoxide, an isocyanate, a silyl ether, an aromatic amine, an ammonium, a silanol, a phenol, a halogen, a halosilane, a carboxylic acid, a carboxylate, a phosphate group, a phosphonate group, a phosphine, a sulfonate group, a sulfate group, a sulfonic acid, a pyridinium, a sulfur, a mercaptan, an aldehyde, a succinic anhydride, an ester, a thiocyanate, a silyl hydride, a methacryloxy, an acrylamide, an allyl, and any combinations thereof. (Same as claim 1)
Conclusion
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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/SILVANA C RUNYAN/Primary Examiner, Art Unit 3674 03/12/2026