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 .
Response to Arguments
Applicant’s arguments, filed on 05/21/2026 with respect to the rejection(s) of Claims 1-8 under 35 U.S.C. 102 (a) (1) as being anticipated by Russum (US 2020/00131431 ) ("Russum" herein). 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 Therefore, the rejection has been withdrawn.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 set forth below.
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, 5-8, 21, 22, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over by Russum (US 2020/00131431 ) ("Russum" herein- cited previously and further in view of Hikem et al. (US 2020/0239763 A1) (“Hikem” herein).
Claim 1
Russum discloses a method for recovering hydrocarbons, comprising: introducing a surfactant formulation to porous media, [0005-0009] the surfactant formulation comprising a Surfactant A and a Surfactant
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128
192
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wherein: .
Surfactant A comprises trimethyloctylammonium bromide, trimethyloctylammonium chloride, dodecyltrimethylammonium bromide, dodecyltrimethylammonium chloride, cetyltrimethylammonium bromide, cetyltrimethylammonium chloride, trimethyloctadecylammonium bromide, or trimethyloctadecylammonium chloride
R5 of Surfactant B is an alkyl group having 9 to 14 carbon atoms [0029, 00032, 0034] and
recovering hydrocarbons from the porous media. [0007-0008]
Russum however does not explicitly disclose the n of Surfactant B is from 8 to 18 and wherein a volume ratio of Surfactant B to Surfactant A in the surfactant formulation
is from about 50:50 to about 99:1.
Hikem teaches the above limitation (See paragraphs 0052-0053, 0065, 0121→ Hikem teaches this limitation in that , the nonionic surfactant is present in the composition in an amount ranging between about 5% and about 40% by weight.
In certain embodiments, the co-surfactant is present in the composition in an amount ranging between about 5% and about 40% by weight. Suitable non-ionic surfactants used in the compositions of the present disclosure include, without limitation, linear alcohol alkoxylates, branched alcohol alkoxylates, secondary alcohol alkoxylates, tridecyl alcohol alkoxylates, Guerbet alcohol alkoxylates, castor oil alkoxylates, fatty acid alkoxylates, alkylphenol alkoxylates, terpene alkoxylates, sorbitan esters, sorbitan ester alkoxylates, alkyl polyglucosides, polyoxyethylene glycol alkyl ethers, polyoxypropylene glycol alkyl ethers, polyoxyethylene glycol alkylphenol ethers, glycerol alkyl esters, tall oil fatty acid alkyl esters, amides, disubstituted amides, alkanolamides, alkanolamide alkoxylates, and mixtures thereof. The surfactant system includes an ethoxylated fatty acid non-ionic surfactant having 9 moles of ethylene oxide, n-alkyl dimethyl benzyl ammonium chloride cationic surfactant, where the n-alkyl group is 50% C.sub.14, 40% C.sub.12 and 10% C.sub.16. ) for the purpose of providing a non-flammable, non-combustible, non-hazardous, and/or environmentally friendly organic solvent systems. [0003]
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 the composition of Russum, with the above limitation, as taught by Hikem, in order to provide a non-flammable, non-combustible, non-hazardous, and/or environmentally friendly organic solvent systems.
Claim 5
Russum discloses the method of claim 1. Russum however does not explicitly disclose, wherein a volume ratio of Surfactant B to Surfactant A in the surfactant formulation is from about 70:30 to about 99:1 (Same as claim 1)
Claim 6
Russum discloses the method of claim 1, wherein the method is performed in a tight oil reservoir, in a conventional oil reservoir, in a hydraulically fractured tight oil reservoir, or on a tight porous media. [0008-0009, 0022, 0042-0043]
Claim 7
Russum discloses the method of claim 6, wherein the method is performed in the hydraulically fractured tight oil reservoir.[0008-0009, 0022, 0042-0043]
Claim 8.
Russum discloses the method of claim 7, wherein, prior to the introducing the surfactant formulation to the porous media, the method further comprises: creating fractures in rock formations in a tight oil reservoir; and propping the fractures open by administering a proppant to form the hydraulically fractured tight oil reservoir.[0008-0009, 0022, 0042- 0043]
Claim 21.
Russum discloses the method of claim 1, wherein: the surfactant formulation further comprises brine; and a total amount of Surfactant A and Surfactant B in the surfactant formulation is from about 0.01 wt.% to about 1 wt.% based on a total weight of the surfactant formulation. [0032]
Claims 22-23.
Russum discloses the method of claim 21, wherein the brine has a total dissolved solids content from about 100 ppm to about 10,000 ppm or about 10,000 ppm to about 400,000 ppm. [0046]
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sue Lui can be reached at 571-272-5539. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SILVANA C RUNYAN/Primary Examiner, Art Unit 1616 10/08/2026
