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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/13/26 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 20, 21, 30, 32, 33, 37, 38 and 40 are rejected under 35 U.S.C. 103 as obvious over Gardner (US 2021/0340429 – cited previously) in view of Malbrel et al. (US 5439058).
With respect to independent claim 20, Gardner discloses a method comprising:
obtaining a plurality of extraneous material ([0047]);
providing an aqueous composition comprising:
an aqueous carrier fluid ([0041]; [0043]);
a neutral surfactant or a reaction product form thereof ([0017]-[0019]);
a reaction product of a first saccharide polymer and a fatty acid or a fatty ester, the first saccharide polymer comprising a dextran, a dextrin compound, or any combination thereof, and the reaction product of the first saccharide polymer and the fatty acid or the fatty ester and the reaction product form of the neutral surfactant, if present, being formed in the presence of a hydroxide base in the aqueous carrier fluid ([0027]-[0028]; [0033]; [0036]); and
a zwitterionic surfactant ([0018]; [0031]); and
contacting the aqueous composition with the plurality of extraneous materials ([0047], wherein the aqueous composition is a clean up fluid that contacts extraneous material in a wellbore);
wherein contacting comprises flowing the aqueous composition through the plurality of extraneous materials ([0047], wherein the aqueous composition as a clean up fluid flows through and removes the extraneous material).
Gardner discloses wherein the aqueous composition is used for a clean up operation to contact and remove extraneous material from a wellbore so as to increase subsequent production ([0047]). The reference, however, fails to identify such extraneous material as particulates, and, further, wherein such particulates are removed from the aqueous composition. Malbrel et al. teaches methods of cleaning a well, and, thus, clean-up operations, wherein the fluid used for such a purpose is introduced into the well and circulated for the purpose of removing large particulate contaminants (col. 1, l. 20-34; col. 3, l. 59- col. 4, l. 7). The reference further suggests wherein the circulating fluid with particulates therein is discharged from the well and passed through a suitable treatment system for the purpose of removing particulate solids therefrom so that the fluid can be reused (col. 6, l. 63- col. 7, l. 17). It would have been obvious to one having ordinary skill in the art when using the fluid of Gardner as a clean-up fluid to remove extraneous material from a wellbore to circulate such a fluid so as to contact and remove any large particulates from the well and upon production thereof, remove such particulates from the aqueous composition in order to recycle the produced clean-up fluid and reuse such in a future clean-up operation, thereby enhancing subsequent production operations in the well.
Gardner fails to explicitly disclose wherein the aqueous composition flows through the plurality of extraneous materials, i.e., particulates in view of Mabrel et al., at a faster rate than does water, a combination of the reaction products and the neutral surfactant, or the zwitterionic surfactant. The reference, however, does disclose wherein the aqueous composition indeed contacts such extraneous material in the wellbore and thereby flows through such in the wellbore. Since Gardner discloses the same aqueous composition as Applicant, the aqueous composition would be expected to act in the same manner as claimed, i.e., flow through the extraneous material/particulates at a faster rate than water, a combination of the reaction product and the neutral surfactant, or the zwitterionic surfactant. If there is any difference between the aqueous composition of Gardner and that of the instant claims, the difference would have been minor and obvious insofar as because “Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP 2112.01(1), In re Best, 562 F2d at 1255, 195 USPQ at 433, Titanium Metals Corp v Banner, 778 F2d 775, 227 USPQ 773 (Fed Cir 1985), In re Ludtke, 441 F2d 660, 169 USPQ 563 (CCPA 1971) and Northam Warren Corp v D F Newfield Co, 1 F Supp 773, 22 USPQ 313 (EDNY 1934). Where applicant claims a composition in terms of a function, property or characteristic and the composition of the prior art is the same as that of the claim but the function is not explicitly disclosed by the reference, the examiner may make a rejection under both 35 USC 102 and 103. “There is nothing inconsistent in concurrent rejections for obviousness under 35 USC 103 and for anticipation under 35 USC 102.” See MPEP 2112(111) and In re Best, 562 F2d at 1255, 195 USPQ at 433.
With respect to dependent claim 21, Gardner discloses wherein the first saccharide polymer comprises a maltodextrin ([0020]; [0025]; [0026]).
With respect to dependent claim 30, Gardner, in view of Mabrel et al., suggests wherein the aqueous composition is contacted with the plurality of particulates in conjunction with a particulate production process or a particulate mining process ([0047]).
With respect to dependent claim 32, Mabrel et al. teaches the plurality of particulates, as set forth in the rejection of claim 20, above; the reference further suggests wherein such particulates comprise sand (col. 4, l. 18-22).
With respect to dependent claim 33, Gardner discloses wherein the reaction product of the first saccharide polymer is formed from a fatty ester ([0017]; [0021]; [0022]; [0028]), and the reaction product further comprises glycerol ([0066]; [0072]).
With respect to dependent claim 37, Gardner discloses wherein a molar ratio of fatty acid to first saccharide polymer in the reaction product is about 0.2 to about 0.9 ([0028]).
With respect to dependent claim 38, Gardner discloses wherein the neutral surfactant comprises a fatty acid alkanolamide ([0017]).
With respect to dependent claim 40, Gardner discloses wherein the zwitterionic surfactant comprises at least one betaine ([0031]).
Claims 20, 21, 32, 33, 37, 38 and 40 are rejected under 35 U.S.C. 103 as obvious over Gardner (US 2021/0340429 – cited previously) in view of Burts (US 2004/0023815).
With respect to independent claim 20, Gardner discloses a method comprising:
obtaining a plurality of lost circulation material ([0051]);
providing an aqueous composition comprising:
an aqueous carrier fluid ([0041]; [0043]);
a neutral surfactant or a reaction product form thereof ([0017]-[0019]);
a reaction product of a first saccharide polymer and a fatty acid or a fatty ester, the first saccharide polymer comprising a dextran, a dextrin compound, or any combination thereof, and the reaction product of the first saccharide polymer and the fatty acid or the fatty ester and the reaction product form of the neutral surfactant, if present, being formed in the presence of a hydroxide base in the aqueous carrier fluid ([0027]-[0028]; [0033]; [0036]); and
a zwitterionic surfactant ([0018]; [0031]); and
contacting the aqueous composition with the plurality of lost circulation material ([0051]);
wherein contacting comprises flowing the aqueous composition through the plurality of lost circulation materials ([0051], i.e., by delivering such to the lost circulation zone).
Gardner discloses wherein the aqueous composition is used as a spotting fluid to deliver lost circulation material to a specific section of a wellbore to seal off a fracture therein ([0051]). The reference, however, fails to disclose wherein such lost circulation material/particulates are removed from the aqueous composition. Burts teaches methods of providing a lost circulation fluid comprising lost circulation material to a lost circulation zone wherein such a fluid is injected into the formation and into the opening to be plugged; the plurality of particulates are removed from the aqueous composition by dewatering for the purpose of forming a plug in the opening ([0048]-[0049]; [0106]). As such, it would have been obvious to one having ordinary skill in the art to remove the plurality of particulates/lost circulation material from the aqueous composition of Gardner when using such to seal off fractures in a lost circulation zone in order to form the lost circulation plug therein.
Gardner fails to explicitly disclose wherein the aqueous composition flows through the plurality of lost circulation material/particulates at a faster rate than does water, a combination of the reaction products and the neutral surfactant, or the zwitterionic surfactant. The reference, however, does disclose wherein the aqueous composition indeed contacts such extraneous material in the wellbore and thereby flows through such in the wellbore. Since Gardner discloses the same aqueous composition as Applicant, the aqueous composition would be expected to act in the same manner as claimed, i.e., flow through the lost circulation material/particulates at a faster rate than water, a combination of the reaction product and the neutral surfactant, or the zwitterionic surfactant. If there is any difference between the aqueous composition of Gardner and that of the instant claims, the difference would have been minor and obvious insofar as because “Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP 2112.01(1), In re Best, 562 F2d at 1255, 195 USPQ at 433, Titanium Metals Corp v Banner, 778 F2d 775, 227 USPQ 773 (Fed Cir 1985), In re Ludtke, 441 F2d 660, 169 USPQ 563 (CCPA 1971) and Northam Warren Corp v D F Newfield Co, 1 F Supp 773, 22 USPQ 313 (EDNY 1934). Where applicant claims a composition in terms of a function, property or characteristic and the composition of the prior art is the same as that of the claim but the function is not explicitly disclosed by the reference, the examiner may make a rejection under both 35 USC 102 and 103. “There is nothing inconsistent in concurrent rejections for obviousness under 35 USC 103 and for anticipation under 35 USC 102.” See MPEP 2112(111) and In re Best, 562 F2d at 1255, 195 USPQ at 433.
With respect to dependent claim 21, Gardner discloses wherein the first saccharide polymer comprises a maltodextrin ([0020]; [0025]; [0026]).
With respect to dependent claim 32, Gardner in view of Burts suggests the particulates as lost circulation material, as set forth in the rejection above; Burts further suggests various materials used for such a purpose ([0052]). Although silent to wherein such comprises sand, the Examiner hereby takes Official Notice that the use of sand as such a material would be an obvious matter of choice and design as such is but a known alternative to the various materials suggested by Burts and would be obvious to try in order to effectively form a plug in the lost circulation zone therewith.
With respect to dependent claim 33, Gardner discloses wherein the reaction product of the first saccharide polymer is formed from a fatty ester ([0017]; [0021]; [0022]; [0028]), and the reaction product further comprises glycerol ([0066]; [0072]).
With respect to dependent claim 37, Gardner discloses wherein a molar ratio of fatty acid to first saccharide polymer in the reaction product is about 0.2 to about 0.9 ([0028]).
With respect to dependent claim 38, Gardner discloses wherein the neutral surfactant comprises a fatty acid alkanolamide ([0017]).
With respect to dependent claim 40, Gardner discloses wherein the zwitterionic surfactant comprises at least one betaine ([0031]).
Claims 22, 26 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Gardner in view of Mabrel et al., or, Gardner in view of Burts, as applied to claim 20 above, and further in view of Gardner et al. (US 11,028,314 – Gardner ‘314 – cited previously).
Gardner discloses the method as set forth above, wherein various methods and applications of the aqueous composition are suggested wherein additives may be included therewith; examples include those known to the oilfield services industry, such as other clay control agents ([0057]). The reference, however, fails to disclose, teach and/or suggest the further inclusion of an amine-functionalized saccharide polymer wherein the amine- functionalized saccharide polymer is produced from a second saccharide polymer comprising a plurality of glucose units in which at least a portion of the glucose units have been oxidatively opened and functionalized with at least one amine group at a site of oxidative opening, as claimed, along with the further specification of wherein the amine-functionalized saccharide polymer comprises an amine-functionalized dextrin compound comprising 2 to about 20 glucose units linked together with a(1,4) glycosidic bonds, an amine-functionalized dextran comprising a plurality of glucose units linked together with a(1,6) glycosidic bonds, or any combination thereof and wherein the amine-functionalized saccharide polymer bears a secondary amine or a tertiary amine directly covalently bound to one or more sites of oxidative opening.
Garner ‘314 suggests an amine-functionalized saccharide polymer wherein the amine- functionalized saccharide polymer is produced from a saccharide polymer comprising a plurality of glucose units in which at least a portion of the glucose units have been oxidatively opened and functionalized with at least one amine group at a site of oxidative opening (col. 3, l. 31-40), and, further, wherein the amine-functionalized saccharide polymer comprises an amine-functionalized dextrin compound comprising 2 to about 20 glucose units linked together with a (1,4) glycosidic bonds (col. 4, l. 18-21), an amine-functionalized dextran comprising a plurality of glucose units linked together with a (1,6) glycosidic bonds (col. 4, l. 22-26), or any combination thereof (col. 3, l. 4-19) and wherein the amine-functionalized saccharide polymer bears a secondary amine or a tertiary amine directly covalently bound to one or more sites of oxidative opening (col. 6, l. 64-col. 7, l. 57) used as a clay stabilizing compound (abstract) that can be used in conjunction with subterranean operations including excavation or mining, wherein such provides synergistic clay stabilization effects during the operation (col. 11, l. 57-67). Since Gardner discloses wherein clay stabilizing agents are compatible and useable in the aqueous composition, it would have been obvious to one having ordinary skill in the art to try and further include an amine-functionalized saccharide polymer as taught by Gardner ‘314 in the aqueous composition of Gardner in order to yield the predictable result of providing synergistic clay stabilization effects during an excavation and/or mining operation wherein a plurality of metal particulates/contaminants are intended to be separated from any mining run off therefrom.
Response to Arguments
Applicant’s arguments with respect to the rejections of claims as anticipated by, or, in the alternative, unpatentable over Gardner. The Examiner notes, in view of Applicant’s amendments to require the step of removing the plurality of particulates from the aqueous composition, two new grounds of rejection have been presented above in view of the teachings of Mabrel et al. and, alternatively, in view of Burts. Both Mabrel et al. and Burts suggest methods wherein particulates are removed from an aqueous fluid, such as a clean up fluid and lost circulation fluid, respectively, and, thus, in combination with Gardner, provide for the method as claimed for at least the reasons now set forth above.
Conclusion
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.
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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
05/06/26
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