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
Claims 11, 13-15, 17, 21, 24, 26-29, 31, 33-34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 20, 2026.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 5, 7, 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moloney et al. (2017/0355628).
Claim 1
Moloney et al. (2017/0355628) discloses a fluorescent treatment composition comprising (fluorescent water treatment compounds) from about 0.0001-5 wt % of a fluorescent nanoparticle (Para. 0055; 0.0001 wt % to about 5 wt %) comprising at least one of graphene quantum dots (Para. 0012-0013, 0024), carbon dots, carbonaceous nanomaterials, upconversion nanoparticles, noble metal nanoparticles, sol-gels, hydrophilic polymers, hydrogels, hydrophobic organic polymers, semiconducting polymer dots, dendrimers, silica nanoparticles, and doped and undoped nanoparticles with organic, metal-organic and metallic fluorophores (Para. 0012-0013, 0024).
Moloney et al. (2017/0355628) further discloses and a treatment compound comprising an oilfield chemical, water treatment chemical, geothermal chemical, chemicals in gas, liquid and/or supercritical fluids lines and systems, or combinations thereof (Para. 0003, water treatment; Para. 0072, recovery crude oil).
Moloney et al. (2017/0355628) further discloses wherein the composition luminesces at a determined wavelength between about 300 nm to about 1,000 nm when excited by light having a wavelength determined by the fluorescent nanoparticle (Para. 0098; 300nm – 550nm is within the claimed range).
Claim 5
Moloney et al. (2017/0355628) discloses the oilfield chemical is selected from the group consisting of a corrosion inhibitor, biocide, scale inhibitor, hydrate inhibitor, paraffin inhibitor, asphaltene inhibitor, demulsifier, and foamer (Para. 0046; specifically, the fluorescent treatment compounds of FIG. 3 are fluorescent corrosion inhibitor compounds).
Claim 7
Moloney et al. (2017/0355628) discloses the composition luminesces at a wavelength of about 600 nm to 700 nm when excited by light having a wavelength of about 500 nm (Para. 0099; using λ=500 nm as the excitation wavelength; peak emission intensity such as up to 650 nm.)
Claim 9
Moloney et al. (2017/0355628) discloses the fluorescent nanoparticle is a graphene quantum dot (Para. 0036; graphene quantum dot) that is not functionalized and/or covalently bonded to the oilfield chemical(s) (Para. 0099, hydrocarbon oil, crude oil), and wherein the graphene quantum dot has a particle size from about 1 nm to 20 nm (Para. 0037; particle size 1 nm to 20 nm).
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.
Claim(s) 2, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moloney et al. (2017/0355628).
Claim 2
Moloney et al. (2017/0355628) discloses the claimed invention except for an additive and/or adjuvant, wherein the additive and/or adjuvant is a solvent comprising from about 0.1 wt % to about 90 wt% of the composition. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Moloney et al. (2017/0355628) with the concentration listed above since it was well known in the art that an additive and adjuvant is used to maximize the performance, stability, and application efficiency of the formulations, therefore improving stability by preventing components from separating, sinking or floating in different environments.
Claim 6
Moloney et al. (2017/0355628) discloses the claimed invention except for the ratio of the fluorescent nanoparticle to the oilfield chemical(s) is about 1:10 to about 1:1 x1011 by weight, and wherein the oilfield chemical(s) comprises from about 0.01 wt% to about 99.9 wt% of the composition. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Moloney et al. (2017/0355628) with the ratio and composition listed above since it was well known in the art that using such ranges in oilfields would provide extreme sensitivity of fluorescence detection in the vast dilution volumes encountered in subsurface reservoirs, therefore allowing ultra-high detection sensitivity, and cost-effective reservoir monitoring.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK STAFIRA whose telephone number is (571)272-2430. The examiner can normally be reached M-F 6:30am-3pm.
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/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 February 10, 2026