Prosecution Insights
Last updated: July 31, 2026
Application No. 18/712,388

SURFACTANT COMPOSITION

Non-Final OA §102
Filed
May 22, 2024
Priority
Nov 23, 2021 — provisional 63/264,449 +1 more
Examiner
BATES, ZAKIYA W
Art Unit
Tech Center
Assignee
Nouryon Chemicals International B.V.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
1160 granted / 1303 resolved
+29.0% vs TC avg
Minimal -2% lift
Without
With
+-2.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
32 currently pending
Career history
1330
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
43.6%
+3.6% vs TC avg
§102
31.0%
-9.0% vs TC avg
§112
6.6%
-33.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1303 resolved cases

Office Action

§102
DETAILED ACTION Specification 1. The abstract of the disclosure is objected to because the abstract contains chemical structures. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). 2. Applicant is reminded of the proper content of an abstract of the disclosure. In chemical patent abstracts for compounds or compositions, the general nature of the compound or composition should be given as well as its use, e.g., “The compounds are of the class of alkyl benzene sulfonyl ureas, useful as oral anti-diabetics.” Exemplification of a species could be illustrative of members of the class. For processes, the type of reaction, reagents and process conditions should be stated, generally illustrated by a single example unless variations are necessary. Claim Rejections - 35 USC § 102 3. 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. 4. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO’055 (WO 2014/140055 cited by applicant). With respect to claims 1-4, WO’055 discloses a fluid comprising at least one viscoelastic surfactant of the general formula (I) and a co-surfactant (second surfactant) of the general formula (II). The preferred first surfactant is selected from erucamidopropyl hydroxypropyl sulfobetaine, erucamidopropyl hydroxyethyl sulfobetaine, erucamidopropyl hydroxymethyl sulfobetaine and combinations and mixtures thereof. The preferred co-surfactant is, in particular, selected from tallow trimethyla mmonium chloride, erucyl amine (2) ethoxylate quarternary ammonium salt (erucyl dihydroxyethyl methyl ammonium) or a mixture thereof. With respect to claims 5-9, WO’055 (in claims 11-13 of WO’055) discloses the preferred amounts and/or ratio of first and second surfactant in the composition. With respect to claims 10-14, (see the description p.3 - p.4; examples) the fluid is based on a brine comprising CaBr2, CaCl2 or a ZnBr2/CaBr2/CaCl2 mixture, ZnBr2. As indicated in the description, a density of 15 ppg or higher is needed. The examples show in particular a mixture of erucamidopropyl hydroxypropyl sulfobetaine (same preferred surfactant (I) as in the present application) and tallow trimethyl ammonium chloride or erucyl dihydroxyethyl methyl ammonium (the same preferred surfactant (II) as in the present application) , in various brines. When looking at the Figures of WO’055, it appears that the viscosity is within the claimed range of 10cP to 1000cP in the temperature range of 50°F to 400°F. With respect to claims 15-17, WO’055 discloses (see claim 14) a stimulation fluid comprising 0.5-10wt% of the mixture of first and second surfactant, and optionally an acid selected from hydrochloric, hydrofluoric, acetic, formic, sulfamic or chloroacetic acid (see cl.16-19). With respect to claims 18-20 , WO’055 discloses the fluid is used, in particular in a method for fracturing (see cl. 20). Conclusion 5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. a. US 9359544 teaches a composition and method for performing a treatment of a subterranean formation. The composition includes an emulsified acid and a sulfobetaine surfactant. The emulsified acid and the sulfobetaine surfactant may be mixed to form a treatment composition, which may be injected into a subterranean formation as part of an acid fracturing or hydraulic fracturing treatment. b. CA 2384108 teaches the use of alkyl amido quaternary ammonium salts, and formulations thereof, as thickening agents in aqueous based fluids, especially those used in oil field applications. The quaternary ammonium salts of the present invention exhibit improved gelling characteristics. 6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKIYA W BATES whose telephone number is (571)272-7039. The examiner can normally be reached M-F 8:30am - 5pm. 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, Doug Hutton can be reached at 5712724137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ZAKIYA W BATES/ Primary Examiner, Art Unit 3674 7/9/2026
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Prosecution Timeline

May 22, 2024
Application Filed
Jul 14, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
86%
With Interview (-2.5%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1303 resolved cases by this examiner. Grant probability derived from career allowance rate.

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