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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/26/2026 has been entered.
Response to Arguments
Applicant's arguments filed on 01/26/2026 have been fully considered but they are not persuasive.
Regarding claim 1, applicant argues that Taleghani fails to teach that the composite particulate comprises a foldable sheet.
Examiner respectfully disagree. The claim has been amended to state that the composite particulate is in the form/shape of a sheet that is foldable. Amanullah et al. teach that the composite particles made up of spherical shapes but not a foldable sheet. Taleghani teaches lost circulation materials (LCMs) made up of several different shapes as shown in figs. 2-6. Specifically, Taleghani teaches a flat disc-shape shown in fig. 5B that is foldable as shown in the temporary configuration prior to entering the lost circulation zone. The disc-shape defines a sheet as it is flat and has length and width. Therefore, it would be obvious to have substituted the composite particles of Amanullah et al. with the LCM comprising foldable sheets of Taleghani, for the purpose of using materials that are small enough to be used with conventional drilling equipment and have the ability to enlarge after reaching the target fracture zone for plugging (refer to abstract and para 0003).
Applicant argues that the 1D string elements of Wu in combination with the shape memory polymer of Taleghani will not result in a foldable high-aspect -ratio sheet.
Examiner respectfully disagree. Primary reference Amanullah et al. teaches the overall lost circulation treatment fluid. Taleghani has been used to substitute the composition particulate Amanullah et al. with a foldable sheet so that they are small enough to be used with conventional drilling equipment and have the ability to enlarge after reaching the target fracture zone for plugging. Wang teaches that it is generally known to use API RP 13B-1 and/or API RP 13B-2 in the petroleum industry for standard recommended procedures and Wu has been used to teach that lost circulation materials can have larger aspect ratio of 1000:1 or move (refer to para 0055).
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.
Claims 1, 3-18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Amanullah et al. (U.S. 2022/0127512A1), in view of Dahi Taleghani et al. (U.S. 2024/0392179A1), Wang (U.S. 20150292278A1), and Wu et al. (U.S. 2013/0284518A1).
Regarding claim 1, Amanullah et al. disclose a method of sealing a lost circulation zone (para 0016) comprising:
introducing a lost circulation treatment composition to a subterranean formation comprising a lost circulation zone (para 0031 and 0035), wherein the lost circulation treatment composition comprises:
a carrier fluid (refer to para 0007, 0016, 0033-0034);
a polymeric additive (para 0045: “may also contain additives” such as polymers);
a fine particulate component (para 0019: “fine…particles” may be used; also refer to para 0032 and 0048); and
a composite particulate component (para 0019: “medium and coarse particles” may be used; also refer to para 0032 and 0048) containing size and shape selected materials (see figs. 1A-1C; refer to para 0032 and 0048)
flowing the lost circulation treatment composition into the lost circulation zone (para 0031, 0035, and 0040); and
plugging at least a portion of the lost circulation zone using the lost circulation treatment composition (para 0031, 0035, and 0040).
Amanullah et al. further teach that the size distribution of the lost circulation material can range from 5 mm/5000 micron to 25 mm/25000 micron (refer to para 0026-0027) for plugging a generic fracture width.
However, Amanullah et al. is silent to the composite particulate comprising foldable sheets; the cost circulation treatment composition has the property of allowing full volume passage through a 15,000 micron fracture width. In other words, Amanullah et al. does not teach the specific fracture width claimed.
Dahi Taleghani et al. teach the use of lost circulation material for plugging large fractures (para 0003-0004) comprising composite particulate component having foldable sheets (see fig. 5b and para 0055 the “disc-shape” is flat and forms a sheet. Refer to para 0014 and 0065: “folding” or foldable).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the composite particles of Amanullah et al. with the lost circulation materials comprising foldable sheets of Taleghani, for the purpose of using materials that are small enough to be used with conventional drilling equipment and have the ability to enlarge after reaching the target fracture zone for plugging (refer to abstract and para 0003).
Dahi Taleghani et al. also teach that the lost circulation material has an initial/temporary shape of 20mm/20,000 micron (para 0011), wherein the lost circulation material is capable of plugging a fracture having a width that is at least one order of magnitude larger than the dimension of the temporary shape (para 0010).
Since no specific structure or property of the lost circulation treatment composition that allows for full volume passage through a 15,000 micron fracture width has been claimed, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lost circulation treatment composition of Amanullah et al., such that it has the property of allowing full volume passage through a 15,000 micron fracture width, for the purpose of plugging large fractures, as taught by Dahi Taleghani et al. (refer to para 0003-0004).
However, Amanullah et al. as modified by Dahi Taleghani et al., is silent to the width as measured according to API RP 13B-1 and/or API RP 13B-2.
Wang teaches that it is generally known to use API RP 13B-1 and/or API RP 13B-2 in the petroleum industry for standard recommended procedures, such as in downhole operations involving sealing fractures or voids (refer to abstract and para 0034).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Amanullah et al., Dahi Taleghani et al., and Wang before him or her to have used API RP 13B-1 and/or API RP 13B-2 for providing standard procedures for field testing.
However, Amanullah et al., as modified by Dahi Taleghani et al., and Wang is silent to the foldable materials having an aspect ratio of 1000:1 to 100,000:1.
Wu et al. teach a method of reducing lost circulation during drilling (refer to abstract) wherein lost circulation materials used can have larger aspect ratio of 1000:1 or move (refer to para 0055).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. before him or her to have an aspect ratio of 1000:1 to 100,000:1, for the purpose of design optimization.
Also, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claim 3, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; Amanullah et al. further disclose that the carrier fluid comprises a spacer fluid (para 0007: “water, one or more viscosifiers”).
Regarding claim 4, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; Amanullah et al. further disclose wherein the polymeric additive comprises at least one polymer selected from the group consisting of polyacrylamide (para 0047).
Regarding claim 5, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; Amanullah et al. further disclose wherein the fine particulate component comprises cellulose having a d10 value in the range of 10 to 50 microns, a d50 value in a range of 60 to 150 microns, and a d90 value in the range of 150 to 400 microns (refer to para 0023 and 0048).
Also, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claim 6, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; Amanullah et al. further disclose wherein the fine particulate component comprises calcium carbonate having a d10 value in the range of 10 to 50 microns, a d50 value in a range of 60 to 150 microns, and a d90 value in the range of 150 to 400 microns (refer to para 0023 and 0048).
Also, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claim 7, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; however, Amanullah et al., as modified by Dahi Taleghani et al., Wang, and Wu is silent to wherein the fine particulate component has a d90/d10 ratio of 3 to about 40.
It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claim 8, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; Dahi Taleghani et al. further teach wherein the lost circulation material is capable of plugging a fracture having a with that is at least one order of magnitude larger than the dimension of the temporary shape (para 0010).
However, Amanullah et al., as modified by Dahi Taleghani et al., Wang, and Wu is silent to wherein the first particulate component has a d50 particle size of about 1/3 a fracture width within the lost circulation zone.
It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claim 9, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; Amanullah et al. further disclose that the particle components size range from fine, medium and coarse (refer to para 0032).
However, Amanullah et al. is silent to the first particulate component present in an amount of about 25 vol.% to about 50 vol.% of the composite particulate component.
It would have been obvious to have modified the volume of the first particle component in an amount of about 25 vol.% to about 50 vol.%, to achieve the predictable result of plugging fractures and preventing lost circulation during the downhole operation.
Also, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claim 10, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; however, Amanullah et al., as modified by Dahi Taleghani et al., Wang, and Wu is silent to wherein the composite particulate component further comprises a second particulate component having a d50 particle size of about 1/5 the d50 particle size of the first particulate component.
It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claim 11, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; Amanullah et al. further disclose that the particle components size range from fine, medium and coarse (refer to para 0032).
However, Amanullah et al. is silent to the second particulate component is present in an amount of about 20 vol.% to about 40 vol.% of the composite particulate component.
It would have been obvious to have modified the volume of the second particulate component present in an amount of about 20 vol.% to about 40 vol.%, to achieve the predictable result of plugging fractures and preventing lost circulation during the downhole operation.
Also, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claim 12, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; however, Amanullah et al., as modified by Dahi Taleghani et al., Wang, and Wu, is silent to wherein the composite particulate component further comprises a third particulate component having a d50 particle size of about 1/5 the d50 particle size of the second particulate component.
It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claim 13, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; Amanullah et al. further disclose that the particle components size range from fine, medium and coarse (refer to para 0032).
However, Amanullah et al. is silent to wherein the third particulate component is present in an amount of about 10 vol.% to about 20 vol.% of the composite particulate component.
It would have been obvious to have modified the volume of the third particulate component present in an amount of about 10 vol.% to about 20 vol.%, to achieve the predictable result of plugging fractures and preventing lost circulation during the downhole operation.
Also, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claim 14, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; Amanullah et al. further teach that the lost circulation zone comprises a fracture having a fracture width from about 5000 microns to about 10,000 microns (refer to para 0040).
Also, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claim 15, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; however, Amanullah et al., as modified by Dahi Taleghani et al., Wang, and Wu, is silent to wherein the lost circulation treatment composition reduces volume lost to the lost circulation zone by at least 80 vol.%.
It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claims 17-18, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; Dahi Taleghani et al. further teach wherein particles with d90 particulate sizes may be manually folded at least twice without shear failure (para 0014; “rolling”); wherein the composite particulate component comprises at least one particulate selected from the group consisting natural rubber (para 0079), ethylene/propylene (EPM) copolymers, ethylene/propylene/diene (EPDM) copolymers, styrene/butadiene copolymers, chlorinated polyethylene, silicone rubber, styrene-butadiene-styrene (SBS) block copolymer, crosslinked ethylene-propylene monomer rubber (EPM), crosslinked ethylene-propylene-diene monomer rubber (EPDM), ethylene-propylene monomer rubber, ethylene-propylene-diene monomer rubber thermoset materials distributed in a crystalline polypropylene matrix (para 0008, 0016, and 0059).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lost circulation material of Amanullah et al., to include foldable materials with d90 particulate sizes manually folded at least twice without shear failure, wherein the particulate component comprises at least one particulate selected from the group consisting natural rubber, as taught by Dahi Taleghani et al., so that the particles can deform/change shape/expand/transform when triggered to plug large fractures (refer to para 0004 and 0006-0012).
Regarding claim 21, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu et al. teach all the features of this claim as applied to claim 1 above; f Amanullah et al further disclose flowing the lost circulation treatment composition through an orifice of a downhole tool (para 0054: the “LCMs may be introduced to the loss zone through a drills string”; Wang further teaches in para 0003 and 0066 that a drill string comprises a drill bit and nozzles/orifice through which fluid flows through into the formation) prior to introducing the lost circulation treatment into the lost circulation zone, wherein the lost circulation treatment fluid has full volume passage through the downhole tool (para 0054: the “LCMs may be introduced to the loss zone through a drills string”).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Amanullah et al. (U.S. 2022/0127512A1), in view of Dahi Taleghani et al. (U.S. 2024/0392179A1), Wang (U.S. 20150292278A1), and Wu et al. (U.S. 2013/0284518A1) as applied to claim 1 above, and further in view of Alanqari et al. (U.S. 11,624,020 B1).
Regarding claim 2, the combination of Amanullah et al., Dahi Taleghani et al., Wang, and Wu teach all the features of this claim as applied to claim 1 above; however, Amanullah et al., as modified by Dahi Taleghani et al., Wang, and Wu fail to teach that the carrier fluid comprises a cement slurry base fluid comprising a hydraulic cement and water.
Alanqari et al., in the same field of endeavor, teach a lost circulation material for plugging fractures in a wellbore (refer to abstract), wherein the lost circulation material may include cement precursor material comprising hydraulic cement (refer to col. 9, line 65-col. 10, line 26). Hydraulic cement may be selected based on desired application (col. 10, lines 10-16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the carrier fluid in the lost circulation material of Amanullah et al., as modified by Dahi Taleghani et al., Wang, and Wu, with a cement slurry base fluid comprising a hydraulic cement and water, as taught by Alanqari et al., for the predictable result of plugging lost circulation zones.
Allowable Subject Matter
Claim 19 is allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YANICK A AKARAGWE whose telephone number is (469)295-9298. The examiner can normally be reached M-TH 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YANICK A AKARAGWE/Primary Examiner, Art Unit 3672