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
Applicant's election with traverse of Group I, claims 1-8, in the reply filed on 02/10/2026 is acknowledged. The traversal is on the ground(s) that no unreasonable search or examination burden exists because multiple searches would likely yield a limited number of references (if any).
This is not found persuasive because examination is not limited to search. In addition to the search, much of the examination is devoted to determining patentability of claims. Said determination requires the formulation of rejection and responding to applicant’s arguments with regard to the same. The additional search and the determination of patentability for multiple, patentability distinct inventions would place serious burden on the examiner.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
The information disclosure statement filed 09/06/2024 fails to comply with 37 CFR 1.97, 1.98 and MPEP § 609 because
1.98 Content of information disclosure statement.
(a) Any information disclosure statement filed under § 1.97 shall include the items listed in paragraphs (a)(1), (a)(2) and (a)(3) of this section.
(2) A legible copy of:
(i) Each foreign patent;
(ii) Each publication or that portion which caused it to be listed, other than U.S. patents and U.S. patent application publications unless required by the Office;
(iii) For each cited pending unpublished U.S. application, the application specification including the claims, and any drawing of the application, or that portion of the application which caused it to be listed including any claims directed to that portion [but see 1287 OG 163 (October 19, 2004) discussed in MPEP § 609.04(a), subsection II]; and (iv) All other information or that portion which caused it to be listed.
(3) (i) A concise explanation of the relevance, as it is presently understood by the individual designated in § 1.56(c) most knowledgeable about the content of the information, of each patent, publication, or other information listed that is not in the English language. The concise explanation may be either separate from applicant's specification or incorporated therein.
(ii) A copy of the translation if a written English-language translation of a non- English-language document, or portion thereof, is within the possession, custody, or control of, or is readily available to any individual designated in § 1.56(c).
It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re- submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The incorporation of essential material in the specification by reference to an unpublished U.S. application, foreign application or patent, or to a publication is improper. Applicant is required to amend the disclosure to include the material incorporated by reference, if the material is relied upon to overcome any objection, rejection, or other requirement imposed by the Office. The amendment must be accompanied by a statement executed by the applicant, or a practitioner representing the applicant, stating that the material being inserted is the material previously incorporated by reference and that the amendment contains no new matter. 37 CFR 1.57(g).
The attempt to incorporate subject matter into this application by reference to US Application No. 17/538494 is ineffective because it is an unpublished application. It should be replaced by US. Patent Appl. No. 2022/0169914 A1.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The term “tight” in claim 6 is a relative term which renders the claim indefinite. The term “tight” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
All the claims dependent of claim 6 are also rejected.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-3 and 6-8 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Kakadjian et al. (US 2009/0200033 A1) (“Kakadjian” herein)
Claim 1
Kakadjian discloses a method for recovering hydrocarbons, comprising:
introducing a surfactant formulation to porous media, [0031-0033] the surfactant formulation comprising a Surfactant A and a Surfactant B: [0042]
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wherein:
each of R¹, R², and R³ of Surfactant A is methyl; R⁴ of Surfactant A is an alkyl group having 4 to 18 carbon atoms; [0042, 0133]
X of Surfactant A is bromide or chloride;
R⁵ of Surfactant B is an alkyl group having 6 to 15 carbon atoms; and
n of Surfactant B is from 1 to 20; [0123, 0125] and
recovering hydrocarbons from the porous media. [0031-0033, 0123-0126]
Claim 2
Kakadjian discloses the method of claim 1, wherein:
R⁴ of Surfactant A is an alkyl group having 4 to 14 carbon atoms; [0133]
R⁵ of Surfactant B is an alkyl group having 6 to 15 carbon atoms; and
n of Surfactant B is from 1 to 20. [0123, 0125]
Claim 3
Kakadjian discloses the method of claim 1, wherein:
Surfactant A comprises trimethyloctylammonium bromide, trimethyloctylammonium chloride, dodecyltrimethylammonium bromide, dodecyltrimethylammonium chloride, cetyltrimethylammonium cetyltrimethylammonium bromide, chloride, trimethyloctadecylammonium bromide, or trimethyloctadecylammonium chloride; [0133]
R⁵ of Surfactant B is an alkyl group having 9 to 14 carbon atoms; and
n of Surfactant B is from 8 to 18. [0123, 0125]
Claim 6
Kakadjian 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. [0032, 0041]
Claim 7
Kakadjian discloses the method of claim 6, wherein the method is performed in the hydraulically fractured tight oil reservoir. [0032, 0041]
Claim 8
Kakadjian 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; [0032, 0041, 0129] and
propping the fractures open by administering a proppant to form the hydraulically fractured tight oil reservoir. [0111-0112, 0129]
Claims 1-6 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Huang (US 2014/0262297 A1) (“Huang” herein).
Claim 1
Huang discloses a method for recovering hydrocarbons, comprising:
introducing a surfactant formulation to porous media, the surfactant formulation comprising a Surfactant A and a Surfactant B: [0024]
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wherein:
each of R¹, R², and R³ of Surfactant A is methyl; R⁴ of Surfactant A is an alkyl group having 4 to 18 carbon atoms;
X of Surfactant A is bromide or chloride; [0083-0084]
R⁵ of Surfactant B is an alkyl group having 6 to 15 carbon atoms; and
n of Surfactant B is from 1 to 20; [0079-0080] and
recovering hydrocarbons from the porous media. [0015, 0023]
Claim 2
Huang discloses the method of claim 1, wherein:
R⁴ of Surfactant A is an alkyl group having 4 to 14 carbon atoms; [0083-0084]
R⁵ of Surfactant B is an alkyl group having 6 to 15 carbon atoms; and
n of Surfactant B is from 1 to 20. [0079-0080]:
Claim 3
Huang discloses the method of claim 1, wherein:
Surfactant A comprises trimethyloctylammonium bromide, trimethyloctylammonium chloride, dodecyltrimethylammonium bromide, dodecyltrimethylammonium chloride, cetyltrimethylammonium cetyltrimethylammonium bromide, chloride, trimethyloctadecylammonium bromide, or trimethyloctadecylammonium chloride; [0083-0084]
R⁵ of Surfactant B is an alkyl group having 9 to 14 carbon atoms; and
n of Surfactant B is from 8 to 18. [0079-0080]
Claim 4
Huang discloses the method of claim 1, wherein a volume ratio of Surfactant B to Surfactant A in the surfactant formulation is from about 50:50 to about 99:1. [0079-0084]
Claim 5
Huang discloses the method of claim 1, wherein a volume ratio of Surfactant B to Surfactant A in the surfactant formulation is from about 70:30 to about 99:1. [0079-0084]
Claim 6
Huang 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. [0024]
Claims 1-8 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Zelenev et al. (US 2019/0100689 A1) (“Zelenev” herein).
Claim 1
Zelenev discloses a method for recovering hydrocarbons, comprising:
introducing a surfactant formulation to porous media, the surfactant formulation comprising a Surfactant A and a Surfactant B: [00
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wherein:
each of R¹, R², and R³ of Surfactant A is methyl; R⁴ of Surfactant A is an alkyl group having 4 to 18 carbon atoms;
X of Surfactant A is bromide or chloride; [0010, 0014, 0031]
R⁵ of Surfactant B is an alkyl group having 6 to 15 carbon atoms; and
n of Surfactant B is from 1 to 20; [0081, 0084] and
recovering hydrocarbons from the porous media. [0005, 0007]
Claim 2
Zelenev discloses the method of claim 1, wherein:
R⁴ of Surfactant A is an alkyl group having 4 to 14 carbon atoms; [0010, 0014, 0031]
R⁵ of Surfactant B is an alkyl group having 6 to 15 carbon atoms; and
n of Surfactant B is from 1 to 20. [0081, 0084]
Claim 3
Zelenev discloses the method of claim 1, wherein:
Surfactant A comprises trimethyloctylammonium bromide, trimethyloctylammonium chloride, dodecyltrimethylammonium bromide, dodecyltrimethylammonium chloride, cetyltrimethylammonium cetyltrimethylammonium bromide, chloride, trimethyloctadecylammonium bromide, or trimethyloctadecylammonium chloride;
R⁵ of Surfactant B is an alkyl group having 9 to 14 carbon atoms; [0010, 0014, 0031] and
n of Surfactant B is from 8 to 18. [0081, 0084]
Claim 4
Zelenev discloses the method of claim 1, wherein a volume ratio of Surfactant B to Surfactant A in the surfactant formulation is from about 50:50 to about 99:1. [0010, 0014, 0031, 0081, 0084]
Claim 5
Zelenev discloses the method of claim 1, wherein a volume ratio of Surfactant B to Surfactant A in the surfactant formulation is from about 70:30 to about 99:1. . [0010, 0014, 0031, 0081, 0084]
Claim 6
Zelenev 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. [0003, 0085]
Claim 7
Zelenev discloses the method of claim 6, wherein the method is performed in the hydraulically fractured tight oil reservoir. [0003, 0085]
Claim 8
Zelenev 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. [0003, 0080, 0085]
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 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 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kakadjian alone.
Claims 4-5
Kakadjian discloses the claimed invention except for a volume ratio of Surfactant B to Surfactant A in the surfactant formulation is from about 50:50 or 70:30 to about 99:1. It would have been obvious before the effective filling date of the claimed inventio to one having ordinary skill in the art made to have the volume ratio of Surfactant B to Surfactant A in the surfactant formulation is from about 50:50 or 70:30 to about 99:1, since it has been held that [W]here the general comedications of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller,105 USPQ 233.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Huang as applied to claims 1 and 6 above, and further in view of Kakadjian.
Claim 7
Huang discloses the method of claim 6. Huang however does not explicitly disclose, wherein the method is performed in the hydraulically fractured tight oil reservoir.
Kakadjian teaches the above limitation (See paragraph 0032→ Kakadjian teaches this limitation in that The present invention provides a method for fracturing a formation including the steps of pumping a fracturing fluid and then a proppant-containing fluid into a producing formation at a pressure sufficient to fracture the formation and to enhance productivity, where the fluid includes a microemulsion of this invention and where the proppant props open the formation after fracturing. The present invention also provides a method for fracturing a formation including the step of pumping a fracturing fluid including a proppant and a microemulsion of this invention into a producing formation at a pressure sufficient to fracture the formation and to enhance productivity, where the proppant props open the formation after fracturing. The present invention also provides a method for fracturing a formation including the steps of pumping a fracturing fluid including a proppant into a producing formation at a pressure sufficient to fracture the formation and to enhance productivity, where the proppant props open the formation after fracturing and then pumping a well treatment of this invention into the fractured/propped formation for rapid clean up and enhanced production of hydrocarbon-containing fluids. ) for the purpose of using thereof afford rapid clean up and enhanced production in fractured tight gas subterranean formations with low foam generation.
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 method of Huang, with the above limitation, as taught by Kakadjian, in order to use thereof afford rapid clean up and enhanced production in fractured tight gas subterranean formations with low foam generation.
Claim 8
Huang discloses the method of claim 7. Huang however does not explicitly disclose, method of claim 7, 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. (Same as claim 7)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Thompson (US 4108782 A) Foaming And Silt Suspending Agent teaches A foaming and silt suspending agent is disclosed containing (A) at least one alkyltrimethylammonium chloride; (B) an amine oxide selected from the group consisting of bis-(2-hydroxyethyl) cocoamine oxide, dimethylhexadecylamine oxide, and dimethyl-hydrogenated tallowamine oxide; (C) an adduct of trimethyl-1-heptanol plus seven moles of ethylene oxide; and (D) a perfluorinated compound corresponding to the formula ##STR1## wherein A.sup.- is Cl.sup.-, I.sup.-, F.sup.- or Br.sup.-, preferably I.sup.-. The agent is particularly useful in a variety of aqueous based fluids of the type used in treating subterranean formations, including fluids containing other cationic additives such as certain acid inhibitors and clay stabilization agents which tend to impair the effectiveness of prior art agents, Pfeuffer et al. (US 2012/0129739 A1) WATER-SOLUBLE, HYDROPHOBIC ASSOCIATING COPOLYMERS teaches Water-soluble, hydrophobically associating copolymer comprising a monoethylenically unsaturated, water-soluble, surface-active monomer (a), and a monoethylenically unsaturated, hydrophilic monomer (b) different from monomer (a). The copolymer is prepared in the presence of a nonpolymerizable surfactant and has marked thickening properties in aqueous systems, and Haghighi (US 2018/0362834 A1) Compositions And Methods For Treating Subterranean Formations teaches The disclosure generally refers to compositions and methods for treating subterranean formations that improve the recovery of hydrocarbons from the subterranean formations. The compositions include positively and negatively charged nanoparticles suspended in a carrier fluid that is not a drilling fluid and is free of cement and foaming agents. The populations of nanoparticles may be of different sizes, different materials, and comprise different ratios. The composition may also include: surface-active agents, such as surfactants, polymers; detergents; crystal modifiers; stabilizers, or hydronium. In some embodiments, the surface-active agents may bind to the surface of the positively or negatively charged nanoparticles. A subterranean formation may then be injected with the composition.
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, Doug Hutton can be reached at 571-272-4137. 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 3674 02/26/2026