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 .
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.
Claim Rejections - 35 USC § 103
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 23, 33, 39, 40, 43 and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Jeffryes (US Patent Application Publication No. 2007/0151591) in view of Weir et al. (US Patent Application Publication No. 2022/0059747) and Ellson (US Patent Application Publication No. 2013/0014797).
In reference to claim 23, Jeffryes discloses an assembly for generating electricity in a production well of a hot fluid, the hot fluid being water and/or oil and/or gas, the production well comprising:
a casing 101 (par. 0026);
a production tubing 12 (par. 0026), comprising an inner side and an outer side (Fig. 1), the production tubing 12:
being housed in the casing 101 (Fig. 1);
being adapted to transport hot fluid from a collecting downhole location (Fig. 1, from below packer 14) of the production well to an outer part (Fig. 1, uphole of packer 14) of the well in respect to the collecting downhole location, and
wherein between the production tubing 12 and the casing 101 there is an inner space 102 configured to house a cold fluid (par. 0026, “the surrounding annulus, which is cooled by the surrounding rock 100-2 at the local geothermal temperature”);
a barrier 14 between the production tubing 12 and the casing 101 to fluidically separate the inner space and the interior space housed by the casing 101 at a collecting downhole location (Fig. 1);
at least one thermoelectric means 13 comprising a hot side (Fig. 1, interior) and a cold side (Fig. 2, exterior), wherein the thermoelectric means 13 are configured to generate electricity when the hot side is in thermal contact with a hot source and the cold side is in thermal contact with a cold source (par. 0026), the hot side of the at least one thermoelectric means 13, in operative mode, is thermally connected to the hot fluid transported by the production tubing 12 and the cold side is thermally connected to the cold fluid of the inner space 102.
Jeffryes fails to disclose an electrical conductor connected to the at least one thermoelectric means for transporting the generated electricity to at least an outer part of the well.
Weir discloses an electrical conductor 52 connected to a thermoelectric means 100 for transporting the generated electricity to at least an outer part of the well (par. 0020, “electric current (e.g., via conductor 52) is brought back up to the surface 4”). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include an electrical conductor with a reasonable expectation of success so that electric power generated downhole can be transmitted to the surface.
Jeffryes also fails to disclose that the thermoelectric means is a pair of thermoelectric means, wherein each of the at least one pair of thermoelectric means has a semi cylindrical shape; and at least one locking mechanism configured for fastening the at least one pair of thermoelectric means together, when fastened, each of the at least one pair or thermoelectric means encircle the production tubing, and the at least one pair of thermoelectric means are configured to be installed in pairs as the production tubing is installed in the production well.
Ellson discloses a pair of thermoelectric means 1 (Fig. 1, par. 0015), wherein each of the at least one pair of thermoelectric means 1 has a semi cylindrical shape (Fig. 1); and at least one locking mechanism 3 or 6 configured for fastening the at least one pair of thermoelectric means 1 together (Fig. 1), when fastened, each of the at least one pair or thermoelectric means 1 encircle the production tubing 2 (Fig. 1). In combination with Jeffryes, this would result in the pair of thermoelectric means 1 being configured to be installed in pairs as the production tubing 2 is installed in the production well. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form the thermoelectric means as a pair of semi cylindrical members with a locking mechanism and installing the thermoelectric means on the exterior of the production tubing with a reasonable expectation of success as it amounts to a substitution of equivalents to perform the same function, which is in this case to generate electricity from a thermoelectric generator and a hot production fluid.
In reference to claim 33, Ellson discloses that the production tubing 2 is partly covered by the at least one pair of thermoelectric means 1 (Fig. 1).
In reference to claim 39, Jeffryes discloses that the temperature of the hot fluid is greater than the temperature of the cold fluid (par. 0026).
In reference to claim 40, Jeffryes discloses that the at least one thermoelectric means 13 comprises Bi2Te3 as a semiconductor (par. 0037).
In reference to claim 43, Jeffryes discloses a method for generating electricity in a production well of a hot fluid, the method comprising:
a) providing an assembly for generating electricity comprising:
a casing 101 (par. 0026);
a production tubing 12 (par. 0026), comprising an inner side and an outer side (Fig. 1), the production tubing 12:
being housed in the casing 101 (Fig. 1);
being adapted to transport hot fluid from a collecting downhole location (Fig. 1, downhole of packer 14) of the production well to an outer part of the well (Fig. 1, uphole of packer 14) in respect to the collecting downhole location, and
wherein between the production tubing 12 and the casing 101 there is an inner space 102 configured to house a cold fluid (par. 0026, “the surrounding annulus, which is cooled by the surrounding rock 100-2 at the local geothermal temperature”);
a barrier 14 between the production tubing 12 and the casing 101 to fluidically separate the inner space and the interior space housed by the casing a ta collecting downhole location;
at least one thermoelectric means 13 comprising a hot side (Fig. 1, interior) and a cold side (Fig. 2, exterior), wherein the thermoelectric means 13 are configured to generate electricity when the hot side is in thermal contact with a hot source and the cold side is in thermal contact with a cold source (par. 0026), the hot side of the at least one thermoelectric means 13, in operative mode, is thermally connected to the hot fluid transported by the production tubing 12 and the cold side is thermally connected to the cold fluid of the inner space 102 (Fig. 1),
b) mounting said assembly for generating electricity in a production well of a hot fluid comprising a casing previously 101 installed (Fig. 1).
Jeffryes fails to disclose an electrical conductor connected to the at least one thermoelectric means for transporting the generated electricity to at least an outer part of the well.
Weir discloses an electrical conductor 52 connected to a thermoelectric means 100 for transporting the generated electricity to at least an outer part of the well (par. 0020, “electric current (e.g., via conductor 52) is brought back up to the surface 4”). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include an electrical conductor with a reasonable expectation of success so that electric power generated downhole can be transmitted to the surface.
Jeffryes also fails to disclose that the thermoelectric means is a pair of thermoelectric means, wherein each of the at least one pair of thermoelectric means has a semi cylindrical shape; and at least one locking mechanism configured for fastening the at least one pair of thermoelectric means together, when fastened, each of the at least one pair or thermoelectric means encircle the production tubing, and fastening the at least one pair of thermoelectric means around the production tubing using the at least one locking mechanism.
Ellson discloses a pair of thermoelectric means 1 (Fig. 1, par. 0015), wherein each of the at least one pair of thermoelectric means 1 has a semi cylindrical shape (Fig. 1); and at least one locking mechanism 3 or 6 configured for fastening the at least one pair of thermoelectric means 1 together (Fig. 1), when fastened, each of the at least one pair or thermoelectric means 1 encircle the production tubing 2 (Fig. 1), and fastening the at least one pair of thermoelectric means 1 around the production tubing 2 using the at least one locking mechanism 3/6 (Fig. 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form the thermoelectric means as a pair of semi cylindrical members with a locking mechanism and installing the thermoelectric means on the exterior of the production tubing with a reasonable expectation of success as it amounts to a substitution of equivalents to perform the same function, which is in this case to generate electricity from a thermoelectric generator and a hot production fluid.
In reference to claim 44, Jeffryes discloses a production tubing 12 being housed in the casing 101 wherein the production tubing 12 is extended at least along a path portion of the casing 101 (Fig. 1). In combination with Ellson, this would result in the pair of thermoelectric means 1 being configured to be installed in pairs as the production tubing 2 is installed in the production well.
Claims 24, 25, 27, 30 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Jeffryes (US Patent Application Publication No. 2007/0151591) in view of Weir et al. (US Patent Application Publication No. 2022/0059747) and Ellson (US Patent Application Publication No. 2013/0014797) as applied to claim 23 above, and further in view of Vaughan et al. (US Patent Application Publication No. 2012/0174581).
In reference to claim 24, Jeffryes fails to disclose that the assembly further comprises control means configured for monitoring temperature of the cold fluid, and cooling means configured for maintaining the cold fluid at a temperature lower than the temperature of the hot fluid wherein the cooling means comprise a plurality of conducts thermally connected to the cold fluid and configured for transporting a fluid.
Vaughan discloses an assembly comprising control means 146 (par. 0027) configured for monitoring temperature of the cold fluid, and cooling means 140/222 (par. 0033) configured for maintaining the cold fluid at a temperature lower than the temperature of the hot fluid wherein the cooling means comprise a plurality of conducts (Fig. 1, the various pipelines extending from generator 142 to the thermal reservoir 114) thermally connected to the cold fluid and configured for transporting a fluid.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the above recited structure with a reasonable expectation of success so that fluid from the surface can be cooled and circulated back into the well.
In reference to claim 25, Vaughan discloses that the fluid transported by the plurality of conducts is cold fluid (Fig. 1).
In reference to claim 27, Vaughan discloses that the plurality of conducts of the cooling means is a closed loop adapted to transport a fluid (Fig. 1).
In reference to claim 30, Vaughan discloses that the cooling means 140/222 comprises a pump 140 (par. 0033).
In reference to claim 41, Jeffryes fails to disclose that the cold fluid is water.
Vaughan discloses that the cool fluid is water (par. 0034). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use water as the cool fluid with a reasonable expectation of success as water is known to be effective as a heat transfer fuid.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Jeffryes (US Patent Application Publication No. 2007/0151591) in view of Weir et al. (US Patent Application Publication No. 2022/0059747) and Ellson (US Patent Application Publication No. 2013/0014797) as applied to claim 23 above, and further in view of Thompson et al. (US Patent Application Publication No. 2022/0205348).
In reference to claim 26, Vaughan fails to disclose that the plurality of conducts of the cooling means is an open loop adapted to inject cold fluid to the bottom of the inner space and extract cold fluid at the top of the inner space.
Thompson discloses a plurality of conducts 7 and 17 (Fig. 1) of a cooling means that are an open loop adapted to inject cold fluid to the bottom of the inner space 13 and extract cold fluid at the top of the inner space 13 (Fig. 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form the conducts as an open loop with a reasonable expectation of success as it amounts to a substitution of equivalents to perform the same function, which in this case is to circulate cold fluid into a wellbore.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Jeffryes (US Patent Application Publication No. 2007/0151591) in view of Weir et al. (US Patent Application Publication No. 2022/0059747) and Ellson (US Patent Application Publication No. 2013/0014797) as applied to claim 23 above, and further in view of Wilson et al. (US Patent Application Publication No. 2017/0321544).
In reference to claim 31, Jeffryes fails to disclose that the assembly further comprises at least one anchoring means configured to attach the electrical conductor to the outer side of the production tubing.
Wilson discloses an anchoring means 412 configured to attach an electrical conductor 408 or 410 to the outer side of a production tubing 103 (Fig. 4, par. 0036). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use an anchoring means to secure the conductor to the tubing with a reasonable expectation of success to ensure that the conductor remains in its proper position.
Claims 32 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Jeffryes (US Patent Application Publication No. 2007/0151591) in view of Weir et al. (US Patent Application Publication No. 2022/0059747) and Ellson (US Patent Application Publication No. 2013/0014797) as applied to claim 23 above, and further in view of Bryan et al. (US Patent No. 11,319,779).
In reference to claim 32, Jeffryes fails to disclose that the at least one thermoelectric means comprises temperature sensors and/or electrical failure detection sensors.
Bryan discloses that a thermoelectric means 12 comprises a temperature sensor (col. 6, lines 3-5). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the thermoelectric means as a temperature sensor with a reasonable expectation of success so that the temperature within the wellbore can be monitored.
In reference to claim 36, Jeffryes fails to disclose that the at least one thermoelectric means comprises:
a first sheet of flexible material;
a plurality of independent pieces of thermoelectric semiconductor, each piece being in thermal contact with the first flexible sheet and distributed on the surface of the first flexible sheet;
a second sheet arranged over the set of independent pieces of thermoelectric semiconductor, the second sheet being made up of a set of portions, each portion of the second sheet being located in one side of each independent piece of thermoelectric semiconductor, the side opposite to the side in thermal contact with the first sheet.
Bryan discloses a thermoelectric means 30 comprising:
a first sheet of material 52;
a plurality of independent pieces of thermoelectric semiconductor 54 and 56 (Fig. 6), each piece being in thermal contact with the first flexible sheet 50 and distributed on the surface of the first flexible sheet 52 (Fig. 6);
a second sheet 50 arranged over the set of independent pieces of thermoelectric semiconductor 54 and 56, the second sheet being made up of a set of portions, each portion of the second sheet 50 being located in one side of each independent piece of thermoelectric semiconductor 54 and 56, the side opposite to the side in thermal contact with the first sheet 52 (Fig. 6).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a thermoelectric means with the above recited structure with a reasonable expectation of success as thermoelectric means such as this are known to function effectively.
Bryan also fails to disclose that the first sheet is flexible. However, Bryan also discloses that the exterior thermal conductor 40 can be formed from a flexible material (col. 5, lines 1-5). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form the first sheet from a flexible material with a reasonable expectation of success so that it can effectively conduct heat from the tubing.
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Jeffryes (US Patent Application Publication No. 2007/0151591) in view of Weir et al. (US Patent Application Publication No. 2022/0059747) and Ellson (US Patent Application Publication No. 2013/0014797) as applied to claim 23 above, and further in view of Tubel et al. (US Patent Application Publication No. 2009/0217960).
In reference to claim 34, Jeffryes fails to disclose multiple thermoelectric means or that insulating material is located on the outer side of the production tubing in between thermoelectric means.
Tubel discloses an insulating material 14 (pars. 0017 and 0018) located between multiple thermoelectric means 21 (Fig. 2) on the outer side of a tubing 34 (Fig. 2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to provide multiple thermoelectric means with insulation in between each with a reasonable expectation of success as it amounts to a substitution of known equivalents to perform the same function, which is in this case to generate electric power from a temperature gradient.
Claim 45 is rejected under 35 U.S.C. 103 as being unpatentable over Jeffryes (US Patent Application Publication No. 2007/0151591) in view of Weir et al. (US Patent Application Publication No. 2022/0059747) and Ellson (US Patent Application Publication No. 2013/0014797) as applied to claim 23 above, and further in view of Basile et al. (US Patent Application Publication No. 2021/0054700).
In reference to claim 45, Jeffryes discloses that the mounting of the thermoelectric means 13 is synchronized with the running of the completion (Fig. 1, thermoelectric means 13 is mounted with tubing 12 and therefore would have been run into the well with the tubing 12) but fails to disclose that the mounting of means 13 is robotized.
Basile discloses a robotic arm 8 (par. 0077) for mounting pipe sections for insertion into a wellbore. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to robotize the mounting of wellbore equipment with a reasonable expectation of success so that the need for human operators is reduced.
Allowable Subject Matter
Claims 28, 29 and 35 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments are moot in view of the new grounds of rejection.
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 BRAD HARCOURT whose telephone number is (571)272-7303. The examiner can normally be reached Monday through Friday, 9am to 6pm.
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/BRAD HARCOURT/Primary Examiner, Art Unit 3674
9/24/25