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 .
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-12 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sumrall (US 2019/0093641) in view of Vollenweider et al. (EP 2998635).
In Reference to Claim 1
(See Sumrall, Figures 11-12)
Sumrall (Sum) discloses:
An apparatus for providing a working fluid having a desired temperature at a predetermined location (See Sum, Paragraph [0119]), comprising:
a downhole casing (1264) disposed in a pre-drilled borehole (1240) (See Sum, Paragraphs [0131]-[0133]); and
at least a portion of at least one flexible pipe comprising flexible plastic pipe (1224), disposed in the casing (1264) (See Sum, Paragraphs [0075] & [0131]-[0133]), wherein
a working fluid is moveable in a first direction in an annular region (1222a), between the casing (1264) and the flexible pipe (1224) and a bore region of the flexible pipe (1224), and in a further direction opposite to the first direction via the bore region. (See Sum, Paragraphs [0131]-[0133]);
Sum discloses the claimed invention except:
the flexible pipe comprises flexible pipe body comprising multi-layer unbonded Reinforced Thermoplastic Pipe (RTP) body or multi-layer bonded RTP body or single layer RTP body or unbonded flexible pipe body or bonded Thermoplastic Composite Pipe (TCP) body.
Vollenweider et al. (Vollen) discloses a coaxial geothermal heat exchanger piping. (See Wynn, Abstract & Paragraph [0042])). Vollen discloses using a flexible thermoplastic multi-layer pipe. (See Vollen, Paragraphs [0012], [0021], [0027] & [0042]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the steel pipe of Sum a flexible stainless steel, as both references are directed towards well bore concentric and coaxial heat exchanger devices. One of ordinary skill in the art would have recognized that making the plastic piping of a multi-layer flexible piping would increase service life and durability by providing corrosion resistance and insensitivity to pressure shocks. (See Vollen, Paragraphs [0027] & [0042]).
In Reference to Claim 2
The Sum-Vollen combination discloses:
further comprising: the downhole casing (1264) is fluidically sealed at a lower casing end region and movement of the working fluid is via a closed loop fluid communication pathway and optionally the downhole casing (1264) is fluid tight. (See Sum, Paragraphs [0131]-[0133]).
In Reference to Claim 3
The Sum-Vollen combination discloses:
urther comprising: the flexible pipe body comprises a fluid retaining layer having a radially inner surface that defines the bore region, an outer layer, having an outer surface that defines a radially inner surface of the annular region, coaxial with the fluid retaining layer and at least one intermediate layer between the fluid retaining layer and the outer layer. (See Vollen, Paragraphs [0012], [0021], [0027] & [0042]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the steel pipe of Sum a flexible stainless steel, as both references are directed towards well bore concentric and coaxial heat exchanger devices. One of ordinary skill in the art would have recognized that making the plastic piping of a multi-layer flexible piping would increase service life and durability by providing corrosion resistance and insensitivity to pressure shocks. (See Vollen, Paragraphs [0027] & [0042]).
In Reference to Claim 4
The Sum-Vollen combination discloses:
further comprising: the casing (1264) comprises a hollow elongate wall body that surrounds a region of the borehole in which said a portion of the flexible pipe is located and optionally an end cap that is integrally formed with or is secured to a lower end of the wall body to provide a sealed end to the casing. (See Sum, Paragraph [0147]).
The Examiner notes the use of the phrase “optionally” by the Applicant. For examination purposes, “optionally” is treated as not being required under the broadest reasonable interpretation of the claim. (See MPEP 2173.05(h)(II)).
In Reference to Claim 5
The Sum-Vollen combination discloses:
further comprising: said at least a portion of at least one flexible pipe comprises a portion of a single flexible pipe or a portion of a full length of a plurality of flexible pipes disposed in an end-to-end configuration and optionally said a portion extends for more than 60% of a casing length of the downhole casing (1264). (See Sum, Paragraphs [0075] & [0131]-[0133])
The Examiner notes the use of the phrase “optionally” by the Applicant. For examination purposes, “optionally” is treated as not being required under the broadest reasonable interpretation of the claim. (See MPEP 2173.05(h)(II)).
In Reference to Claim 6
The Sum-Vollen combination discloses:
wherein the wall body is integrally formed or comprises a plurality of elongate wall body elements secured together in an end-to-end configuration and optionally the wall body is cylindrical or has a rectangular or elliptical cross section that optionally is substantially common at all positions along a casing length of the downhole casing. (See Sum, Paragraph [0147]).
The Examiner notes the use of the phrase “optionally” by the Applicant. For examination purposes, “optionally” is treated as not being required under the broadest reasonable interpretation of the claim. (See MPEP 2173.05(h)(II)).
In Reference to Claim 7
The Sum-Vollen combination discloses:
wherein the flexible pipe body is disposed in a substantially coaxial spaced apart relationship with the downhole casing. (See Sum, Paragraphs [0131]-[0133]);
In Reference to Claim 8
The Sum-Vollen combination discloses:
a lower end of the flexible pipe is located around 1000m below an upper terrain surface and working fluid proximate to the lower end is at a temperature that comprises a downhole heated temperature of around 40°C or a lower end of the flexible pipe is located around 3000m below the surface and working fluid proximate to the lower end is at a temperature that comprises a downhole heated temperature of 90°C or the lower end of the flexible pipe is located around 5000m below the surface and working fluid proximate to the lower end is at a temperature that comprises a downhole heated temperature of around 140°C. (See Sum, Paragraph [0116]).
In Reference to Claim 9
The Sum-Vollen combination discloses:
further comprising: at least one pump element in fluid communication with at least one of the annular region and the bore region of the flexible pipe body. (See Sum, Paragraph [0117]).
In Reference to Claim 10
The Sum-Vollen combination discloses:
further comprising: each borehole is a repurposed well or a purpose drilled well and optionally each well is a geothermal well for transferring heat from earth's ground temperature to a predetermined location that comprises a surface location, a heat pump system or a heating system for homes/business or district heating. (See Sum, Paragraph [0051])
The Examiner notes the use of the phrase “optionally” by the Applicant. For examination purposes, “optionally” is treated as not being required under the broadest reasonable interpretation of the claim. (See MPEP 2173.05(h)(II)).
In Reference to Claim 11
The Sum-Vollen combination discloses:
further comprising: providing a working fluid at a predetermined location comprises providing working fluid having a thermal temperature elevated via geothermal heating from a geothermal reservoir to a surface location where heat is extractable for return of the working fluid downhole and optionally the working fluid comprises water or Isobutane or N-butane or Isopentane or N-pentane or Cyclopentane or Propane. (See Sum, Paragraphs [0117]-[0119])
The Examiner notes the use of the phrase “optionally” by the Applicant. For examination purposes, “optionally” is treated as not being required under the broadest reasonable interpretation of the claim. (See MPEP 2173.05(h)(II)).
In Reference to Claim 12
The Sum-Vollen combination discloses:
further comprising: the desired temperature at the predetermined location is within 20% of a downhole heated temperature accumulated by the working fluid at a lower end of the flexible pipe body disposed in the casing and optionally the desired temperature at the predetermined location is within 10% of the downhole heated temperature. (See Sum, Paragraphs [0140]-[0141]).
The Examiner notes the use of the phrase “optionally” by the Applicant. For examination purposes, “optionally” is treated as not being required under the broadest reasonable interpretation of the claim. (See MPEP 2173.05(h)(II)).
In Reference to Claim 14
(See Sumrall, Figures 11-12)
Sum discloses:
A method for providing a working fluid having a desired temperature at a predetermined location (See Sum, Paragraph [0119]), comprising:
urging a working fluid along an annular region (1222a) between a downhole casing (1264) disposed in a pre-drilled borehole (1240) and a portion of at least one pipe that comprises pipe body (1224), disposed in the casing (1264) (See Sum, Paragraphs [0131]-[0133]);
heating the working fluid at a lower end region (1255) of pipe body (1224) (See Sum, Paragraphs [0131]-[0133]); and
urging the working fluid along a bore region of the pipe (1224). (See Sum, Paragraphs [0131]-[0133]).
Sum discloses the claimed invention except:
The pipe body is a flexible pipe body, the flexible pipe body comprising multi-layer unbonded Reinforced Thermoplastic Pipe (RTP) body or multi-layer bonded RTP body or single layer RTP body or unbonded flexible pipe body orbonded Thermoplastic Composite pipe (TCP) body.
Vollenweider et al. (Vollen) discloses a coaxial geothermal heat exchanger piping. (See Wynn, Abstract & Paragraph [0042])). Vollen discloses using a flexible thermoplastic multi-layer pipe. (See Vollen, Paragraphs [0012], [0021], [0027] & [0042]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the steel pipe of Sum a flexible stainless steel, as both references are directed towards well bore concentric and coaxial heat exchanger devices. One of ordinary skill in the art would have recognized that making the plastic piping of a multi-layer flexible piping would increase service life and durability by providing corrosion resistance and insensitivity to pressure shocks. (See Vollen, Paragraphs [0027] & [0042]).
In Reference to Claim 15
(See Sumrall, Figures 11-12)
The Sum-Wynn combination discloses:
further comprising: urging the working fluid along the annular region in a first axial flow direction and urging the working fluid along the bore region in a further axial flow direction that is opposite to the first axial flow direction. (See Sumrall, Paragraphs [0114]-[0116], [0139]-[0140] and [0145]).
In Reference to Claim 16
(See Sumrall, Figures 11-12)
The Sum-Wynn combination discloses:
further comprising: urging the working fluid along a closed loop fluid communication pathway that comprises an annular region pathway portion and a bore region pathway portion. (See Sum, Paragraphs [0107] & [0132]).
In Reference to Claim 17
(See Sumrall, Figures 11-12)
The Sum-Wynn combination discloses:
Wherein the flexible pipe body (1224) and casing (1264) are disposed in a pipe-in-pipe substantially coaxial relationship (See Sum, Paragraph [0139]) and the method further comprises: urging working fluid down a borehole annular region that surrounds the flexible pipe body (1224) and is inside the casing (1264); and urging working fluid up the borehole towards the predetermined location via the bore region of the flexible pipe body (1224). (See Sum, Paragraphs [0114]-[0116], [0139]-[0140] and [0145]).
In Reference to Claim 18
(See Sumrall, Figures 11-12)
The Sum-Wynn combination discloses:
further comprising: providing thermal insulation (1225), between working fluid that moves vertically down away from an upper terrain surface and is relatively cool relative to rising heated working fluid that moves vertically upwards via the bore region, via a layer of the flexible pipe body (1224). (See Sumrall, Paragraphs [0114]-[0116], [0139]-[0140] and [0145]).
In Reference to Claim 19
(See Sumrall, Figures 11-12)
The Sum-Wynn combination discloses:
further comprising: providing the thermal insulation via a fluid retaining layer of the flexible pipe body and/or an outer polymer layer of the flexible pipe body and/or a polymer intermediate layer of the flexible pipe body. (See Sumrall, Paragraphs [0114]-[0116], [0139]-[0141] and [0145] w/respect to polymer or vacuum).
In Reference to Claim 20
(See Sumrall, Figures 11-12)
The Sum-Wynn combination discloses:
further comprising: providing geothermal fluid from a geothermal reservoir via at least one feed zone to the downhole casing; via heat conduction, heating the casing (1264) via the geothermal fluid; and heating the working fluid in a lower region of the annular region via the heated casing and optionally providing heated working fluid to a heat pump system or a heating system for homes/business or district heating of the predetermined location. (See Sumrall, Paragraph [0131]).
The Examiner notes the use of the phrase “optionally” by the Applicant. For examination purposes, “optionally” is treated as not being required under the broadest reasonable interpretation of the claim. (See MPEP 2173.05(h)(II)).
Response to Arguments
Applicant’s arguments, see remarks, filed 20 March 2026, with respect to Objections have been fully considered and are persuasive. The objections of claim 1 with respect to “a flexible pipe body” has been withdrawn.
Applicant’s arguments, see remarks, filed 20 March 2026, with respect to the rejection(s) of claim(s) 1 (formerly 13) under USC 103 to Wynn in view of Carney have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Sumrall (US 2019/0093641) and Vollenweider et al. (EP 2998635).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F.
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, Essama Omgba can be reached at (469) 295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW T LARGI/Primary Examiner, Art Unit 3746
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