DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of species “b” in the reply filed on 12/11/25 is acknowledged.
Claim Objections
Claims 36-46 are objected to because of the following informalities:
Claim 36 recites “wherein the deployable desalination unit is configured to produce a desalinated water output use a produced water feedstock” in lines 11-12, which does not make grammatical sense.
Claim 43 recites “to the deployable plant to the deployable plant” in line 5. The duplicate language should be deleted.
Claim 43 recites “the produced water output” in line 7, which is a lack of antecedent basis for this limitation in the claim.
Claims 36-46 are objected to because of the following informalities: Claims 36-38, 41, and 43-46 recite a/the “produced water feedstock” throughout the claims. Such feedstock is not described in the specification. The only feedstock mentioned is with respect to off-gas feedstock. The produced water is referred to a produced water output throughout the specification (emphasis added). Consistent terminology should be used throughout the specification and claims. For examining purposes, the claims will be treated as referring to the produced water output.
Appropriate correction is required.
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.
Claim(s) 36-39 and 43-46 is/are rejected under 35 U.S.C. 103 as being unpatentable over TSANG ET AL (US 2023/0279756 cited by applicant).
With respect to claim 36, TSANG ET AL discloses a micro-grid comprising a deployable plant (Figs. 3-5) deployed proximal to a first geographic location 460 and comprising a deployable nuclear reactor system 350, 300 configured to produce a heat output [0031-0037]; and a network of pipes configured to deliver a produced water feedstock (output, in 461) sourced from the first geographic location to the deployable plant, wherein the deployable plant comprises a deployable desalination unit 461 configured to produce a desalinated water output (in 461) using the produced water feedstock and at least one of the heat output from the nuclear reactor system or an electrical output derived therefrom [0041, 0044].
However, TSANG ET AL fails to explicitly teach feedstock as claimed. Here, feedstock and output are being used interchangeably. As best understood by the examiner, the produced water output is being used a feedstock elsewhere. Therefore, it would be considered obvious to have a produced water output of TSANG ET AL serve as a produced water feedstock.
Additionally, TSANG ET AL fails to explicitly teach wherein the deployable plant is redeployable proximal to a second geographic location, and wherein the deployable desalination unit is configured to produce a desalinated water output use a produced water feedstock sourced from the second geographic location and the heat output from the nuclear reactor system or an electrical output derived therefrom. TSANG ET AL [0040] does teach an integrated energy system 460 including the power plant system 350 of FIG. 3 in accordance with embodiments of the present technology. In the illustrated embodiment, the power plant system 350 is configured for use in an industrial process/operation and, more particularly, for use in an enhanced oil recovery operation, such as a steam-assisted-gravity-drain (SAGD) operation. The power plant system 350 can be located at or near the location of an oil reservoir 470, such as an oil sand reservoir and/or bitumen reservoir. For example, the power plant system 350 can be a permanent or temporary installation built at or near the location of the oil reservoir 470, or can be a mobile or partially mobile system that is moved to and assembled at or near the location of the oil reservoir 470. More generally, the power plant system 350 can be local (e.g., positioned at or near) the industrial process.
Therefore, it would be considered obvious to one of ordinary skill in the art before the effective filing date of the present application to have redeployed the plant to additional locations as needed.
With respect to claim 37, TSANG ET AL teaches further comprising a first plurality of well sites clustered in the first geographic location (Figs. 4-5), wherein each well site of the first plurality of well sites includes a subsurface hydrocarbon well configured to produce or contribute to the produced water feedstock sourced from the first geographic location.
With respect to claim 38, TSANG ET AL teaches further comprising a second plurality of well sites clustered in the second geographic location (Figs. 4-5), wherein each well site of the second plurality of well sites includes a subsurface hydrocarbon well configured to produce or contribute to the produced water feedstock sourced from the second geographic location.
With respect to claim 39, TSANG ET AL teaches further comprising a desalinated water offtake network comprising a network of temporary piping configured to deliver the desalinated water output to one or more municipalities adjacent either the first geographic location or the second geographic location [0044].
With respect to claim 43, TSANG ET AL discloses a micro-grid comprising a deployable plant (Figs. 3-5) deployed proximal a first geographic location 460 and comprising a deployable nuclear reactor system 350, 300 configured to produce a heat output [0031-0037]; and a network of pipes configured to deliver a produced water feedstock (output, in 461) sourced from the first geographic location to the deployable plant to the deployable plant, wherein the deployable plant comprises a deployable desalination unit 461 configured to produce a desalinated water output using the produced water output and at least one of the heat output from the nuclear reactor system or an electrical output derived therefrom [0041, 0044], and wherein the micro-grid further comprises a desalinated water offtake network comprising a network of temporary piping configured to deliver the desalinated water output to one or more municipalities adjacent the first geographic location [0044].
However, TSANG ET AL fails to explicitly teach feedstock as claimed. Here, feedstock and output are being used interchangeably. As best understood by the examiner, the produced water output is being used a feedstock elsewhere. Therefore, it would be considered obvious to have a produced water output of TSANG ET AL serve as a produced water feedstock.
With respect to claim 44, TSANG ET AL teaches further comprising a first plurality of well sites (Figs. 4-5) clustered in the first geographic location, wherein each well site of the first plurality of well sites includes a subsurface hydrocarbon well configured to produce or contribute to the produced water feedstock sourced from the first geographic location.
With respect to claim 45, TSANG ET AL fails to explicitly teach wherein the deployable plant is redeployable proximal to a second geographic location, and the deployable desalination unit is configured to produce a desalinated water output using a produced water feedstock sourced from the second geographic location and the heat output from the nuclear reactor system or an electrical output derived therefrom as claimed. TSANG ET AL [0040] does teach an integrated energy system 460 including the power plant system 350 of FIG. 3 in accordance with embodiments of the present technology. In the illustrated embodiment, the power plant system 350 is configured for use in an industrial process/operation and, more particularly, for use in an enhanced oil recovery operation, such as a steam-assisted-gravity-drain (SAGD) operation. The power plant system 350 can be located at or near the location of an oil reservoir 470, such as an oil sand reservoir and/or bitumen reservoir. For example, the power plant system 350 can be a permanent or temporary installation built at or near the location of the oil reservoir 470, or can be a mobile or partially mobile system that is moved to and assembled at or near the location of the oil reservoir 470. More generally, the power plant system 350 can be local (e.g., positioned at or near) the industrial process.
Therefore, it would be considered obvious to one of ordinary skill in the art before the effective filing date of the present application to have redeployed the plant to additional locations as needed.
With respect to claim 46, TSANG ET AL fails to explicitly teach comprising a first plurality of well sites clustered in the first geographic location, wherein each well site of the first plurality of well sites includes a subsurface hydrocarbon well configured to produce or contribute to the produced water feedstock sourced from the first geographic location, and a second plurality of well sites clustered in the second geographic location, wherein each well site of the second plurality of well sites includes a subsurface hydrocarbon well configured to produce or contribute to the produced water feedstock sourced from the second geographic location as claimed (emphasis added).
TSANG ET AL [0040] does teach an integrated energy system 460 including the power plant system 350 of FIG. 3 in accordance with embodiments of the present technology. In the illustrated embodiment, the power plant system 350 is configured for use in an industrial process/operation and, more particularly, for use in an enhanced oil recovery operation, such as a steam-assisted-gravity-drain (SAGD) operation. The power plant system 350 can be located at or near the location of an oil reservoir 470, such as an oil sand reservoir and/or bitumen reservoir. For example, the power plant system 350 can be a permanent or temporary installation built at or near the location of the oil reservoir 470, or can be a mobile or partially mobile system that is moved to and assembled at or near the location of the oil reservoir 470. More generally, the power plant system 350 can be local (e.g., positioned at or near) the industrial process.
Therefore, it would be considered obvious to one of ordinary skill in the art before the effective filing date of the present application to have redeployed the plant to additional locations as needed.
Claim(s) 40-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over TSANG ET AL in view of TROJER ET AL (US 2021/0098143 cited by applicant).
With respect to claims 40-42, TSANG ET AL fails to explicitly teach: wherein the deployable desalination unit is configured to filter and purify the desalinated water output for acceptance and introduction into a municipal water treatment facility; wherein the system further comprises a wastewater pond configured to receive a wastewater from a waste source and hold the wastewater for processing, and the produced water feedstock comprises the wastewater from the wastewater pond; and wherein the wastewater comprises a hydraulic fracturing fluid as claimed. However, such a filter, a wastewater pond, and fracturing fluid is well known in the art and would be considered an obvious expedient to include within the water production plant 461 of Tsang et al.
TROJER ET AL teaches a deployable plant (Figs. 39-40) having a filter, a wastewater pond, and well treatment fluid for the purpose of typical equipment use in a production plant. See especially Figs. 39-40 and [0418-0438].
Therefore, it would be considered obvious to one of ordinary skill in the art before the effective filing date of the present application to include any necessary equipment and fluids within the water production plant of Tsang et al.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 36-39 and 43-46 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5 and 7 of U.S. Patent No. 12012827. Although the claims at issue are not identical, they are not patentably distinct from each other because The claims of the present application are similar in scope to the US patent claims. The claims of the present application appear to be broadened forms of the patented claims, and separates some limitations into depending claims. Therefore, it would have ben obvious to one of ordinary skill in the art to have provided both sets of claims within the same application.
Conclusion
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/ZAKIYA W BATES/Primary Examiner, Art Unit 3674 2/27/2026