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 without traverse of Group II, claims 7-10 and 12, in the reply filed on 03/23/26 is acknowledged.
The Examiner acknowledges Applicant’s cancelation of the non-elected claims in the response filed 03/23/26.
Drawings
Fig. 1 is objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “12” has been used to designate both “rig” in [010] and “surface facility” in [011]. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Fig. 1 is objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “40” has been used to designate both downhole tool assembly in [013] and waste fluids in [016]. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Fig. 1 is objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 34. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Fig. 2A and 2B are objected to as failing to comply with 37 CFR 1.84(p)(5) because they themselves are not identified within the description, and, further, they include the following reference character(s) not mentioned in the description: 50, 52, 54, 56, 58 and 64. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Fig. 3, 4, 5A and 5B are objected to as failing to comply with 37 CFR 1.84(p)(5) because they are not mentioned in the description. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Within the BRIEF DESCRIPTION OF THE DRAWING, Applicant references Fig. 1. However, Figures 2A, 2B, 3, 4, 5A and 5B, which were filed with the application on 11/15/24, have not been described.
Applicant is advised the following as required for the Brief Description of drawings.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
Appropriate correction is required.
Claim Objections
Claim 8, along with claims 9 and 10, dependent therefrom, is objected to because of the following informalities: A period is missing from the end of claim 8. Appropriate correction is required. Claims 9 and 10 are objected to herein by virtue of their dependency upon claim 8.
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.
Claims 7-10 and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 7 recites the limitation "the methanotrophic bacteria" in the last phrase thereof. There is insufficient antecedent basis for this limitation in the claim. Applicant previously recites “an anaerobic methanotrophic bacteria bearing fluid within the claim, and, it is unclear if the methanotrophic bacteria used to eliminate a portion of methane present was a part of the previously recited anaerobic methanotrophic bacteria bearing fluid and/or is intended to be anaerobic methanotrophic bacteria. Clarification is required.
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 7-10 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ulrich (US 2022/0220429).
With respect to independent claim 7, Ulrich discloses a method of reducing methane production in a subterranean formation having a wellbore 210 extending therethrough ([0055]-[0056]), the method comprising:
injecting an anaerobic methanotrophic bacteria bearing fluid into the subterranean formation through the wellbore ([0048]; [0057]; [0058]; [0072]); and
eliminating a portion of the methane present in the subterranean formation using the methanotrophic bacteria ([0011]; [0048]-[0049]).
With respect to dependent claim 8, Ulrich discloses injecting an organic waste bearing fluid into the subterranean formation through the wellbore, the organic waste bearing fluid including a methane producing bacteria; and producing methane in the subterranean formation using the methane producing bacteria ([0049], wherein in landfills, trash that includes methanogens which generate methane, i.e., methane producing bacteria, thereby providing for the organic waste bearing fluid as claimed, is buried and methane is generated as part of the decomposition process; [0055]-[0056], wherein a well/manmade column is present therein).
With respect to dependent claim 9, Ulrich discloses injecting methane into the subterranean formation as food for the methanotrophic bacteria ([0050], i.e., by injection of the methanogens which generate methane, thereby providing for the injection of methane).
With respect to dependent claim 10, Ulrich discloses injecting a complex carbon chemical and a reduction agent into the subterranean formation, the reduction agent for reducing the complex carbon chemical into a simple carbon chemical consumable by the methanotrophic bacteria ([0059]-[0063]).
With respect to dependent claim 12, Ulrich discloses injecting the anaerobic methanotrophic bacteria bearing fluid into a formation leaking methane ([0072]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2012/0085690 discloses methanotrophs in an underground soil vent for on-site methane mitigation using a filter/device that contains naturally occurring methanotrophs to convert methane gas into carbon dioxide through respiration.
US 2021/0324258 discloses wood and bark mixes creating a beneficial habitat for methanotrophic bacteria on the surface, such as around roadways.
US 2023/0099645 discloses preferential production of hydrogen over methane by modifying a composition introduced into the deposit, wherein an exemplary microorganism introduced include anaerobic methanotrophs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Angela M DiTrani Leff whose telephone number is (571)272-2182. The examiner can normally be reached Monday-Friday, 9AM-5PM.
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, Doug Hutton can be reached at 5712724137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Angela M DiTrani Leff/Primary Examiner, Art Unit 3674
ADL
04/20/26
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