DETAILED ACTION
Claims 1-20 are pending.
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 .
Response to Arguments
The most recent claim and specification objections are withdrawn in light of the current claim amendments.
The most 35 U.S.C. § 112 rejections are withdrawn in light of the current claim amendments.
Applicant's arguments filed 05/26/2026 have been fully considered but they are not persuasive.
Applicant’s representative argues the following:
“Applicant disagrees with the Examiner that claim 6 is anticipated by Colwell; however, solely to advanced prosecution Applicant has amended claim 6 to recite "passing the reservoir fluid from the sub-surface formation into a sidetrack borehole". Applicant submits that Colwell does not teach passing reservoir fluid from a sub-surface formation, as elongate conduit 22 of Colwell receives reservoir fluid from annular section 14 as shown in Figs. 1, 3, and 4. Accordingly, claim 6 is novel over Colwell.”
Examiner respectfully disagrees. Examiner notes that the claims are broad in nature in which Colwell still anticipates the limitation in contention. Specifically, Colwell teaches the limitation to pass reservoir fluid (i.e., fluid from the subterranean formation) into a sidetrack bore (22) in light of the closed-loop recirculation process. If there is a critical feature in the claims that have a certain degree of importance, it is advised to include that language in the claim(s) in keeping with the instant specification for purposes of overcoming the most recent prior art rejection. Examiner suggests incorporating more claim language (i.e., structural and/or functional, such as, but not limited to, the specific system configuration, as shown in the elected species embodiment, and/or particular chronological steps involving the process/system) in light of the specification to overcome the prior art rejection and advance prosecution, preferably towards an allowance.
Election/Restriction
Applicant’s election without traverse of species corresponding to figure 2 (claims 1-20) in the reply filed on 01/20/2026 is acknowledged.
However, Examiner telephonically reached out to Marco Santamaria on 02/20/2026 to discuss matters related to the arguments corresponding to the restriction on page 7. Applicant’s representative stated the following: “Applicant respectfully disagrees with the Examiner, however solely to advance prosecution, Applicant elects without traverse, the invention of Fig. 2 as identified by the Examiner, which encompasses claims 1 to 20 as amended.” Examiner respectfully disagrees with all of claims 1-20 corresponding to the figure 2 embodiment. After further search and consideration of whether all the claims correspond to the figure 2 specie, Examiner notes the following claims do not appear to correspond to the figure 2 specie:
Claim 4 which introduces “a second proximate well bore” in addition to the “vertical well bore” and “sidetrack well bore”, previously recited in claim 1.
Claim 5 (and, similarly claims 8 and 14) introduces “a flux co-inverter.”
Claim 11 (and, similarly claims 15-18) introduces extracting/separating hydrocarbon/oil from a hydrocarbon production well bore.
Claim 13 (and, similarly claim 16) introduces “a second heat exchanger.”
In essence, claims 4-5, 8, and 11-20 do not appear to be supported by the disclosure corresponding to the figure 2 specie, as rather the subject matter of claims 4-5, 8, and 11-20 appears to correspond to other embodiments, which are not obvious variants of that of figure 2. Applicant’s representative telephonically agreed upon withdrawing claims 4-5, 8, and 11-20 to advance prosecution.
Claim Rejections - 35 USC § 102
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.
Claim(s) 6 and 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Colwell (US Publication Number 2015/0122453 A1; herein “Colwell”).
In regard to claim 6, Colwell discloses: A method for geothermal heating (abstract, paragraphs [0001, 0008-0009, 0067-0068, 0098-0112], and figures 3-4), the method comprising:
passing a fluid into a thermal circulation system (i.e., fluid associated with 1/2/16/17 — paragraphs [0098-0105] and figure 3);
passing the fluid into a well bore heat exchanger (i.e., comprising 1 and 2);
heating the fluid (paragraphs [0098-0105] and figure 3);
passing the heated fluid out of the well bore heat exchanger (i.e., to 16 — paragraphs [0098-0105] and figure 3);
passing reservoir fluid into an annulus space (i.e., radial space between the “heat exchanger” and wellbore, as shown in figure 3) disposed around the well bore heat exchanger (paragraphs [0001, 0098-0105] and figure 3);
passing the reservoir fluid through a sub-surface formation (paragraphs [0001, 0098-0105] and figure 3); and
passing the reservoir fluid from the sub-surface formation into a sidetrack borehole (22 — paragraphs [0001, 0098-0105] and figure 3 | Examiner notes that this limitation is met in light of the closed-loop recirculation process in which the subterranean formation reservoir fluid is flown to the sidetrack and continuously circulated therethrough to provide the heat exchange).
In regard to claim 9, Colwell further discloses: passing the reservoir fluid through the sidetrack bore hole (paragraphs [0098-0105] and figure 3).
In regard to claim 10, Colwell further discloses: passing the reservoir fluid through a proximate well bore (i.e., wellbore comprising 1 and 2 — paragraphs [0098-0105] and figure 3).
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.
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.
Claim(s) 1-3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Colwell (US Publication Number 2015/0122453 A1; herein “Colwell”) in view of Higgins et al. (US Publication Number 2021/0062682 A1; herein “Higgins”).
In regard to claim 1, Colwell discloses: A system for geothermal heating (abstract, paragraphs [0001, 0067-0068, 0098-0112], and figures 3-4), the system comprising:
a forced geothermal circuit (i.e., circuit as shown in figures 3-4) in communication with a vertical well bore (i.e., unlabeled vertical wellbore comprising 1 and 2 | see paragraphs [0098-0105] and figure 3);
a sidetrack borehole (22) in communication with said vertical well bore (paragraphs [0098-0105] and figure 3);
a well bore heat exchanger (i.e., comprising 1 and 2);
an annulus space (i.e., radial space between the “heat exchanger” and wellbore, as shown in figure 3) disposed around said well bore heat exchanger (paragraphs [0001, 0098-0105] and figure 3);
said well bore heat exchanger disposed above said sidetrack borehole (Examiner notes that the since the “heat exchanger” is being interpreted as the entirety at least 1 and 2, figure 3 teaches the limitation);
said annulus space configured to receive a reservoir fluid (paragraphs [0098-0105] and figure 3);
said sidetrack borehole configured to receive circulated reservoir fluid from a sub-surface formation (paragraphs [0001, 0098-0105] and figure 3 | Examiner notes that this limitation is met in light of the closed-loop recirculation process in which the subterranean formation reservoir fluid is flown to the sidetrack and continuously circulated therethrough to provide the heat exchange).
However, Colwell is silent in regard to: a pump.
Nonetheless, Higgins teaches a similar type of geothermal system comprising a downhole heat exchanger “40” (as shown in figure 4), similar to that of Colwell. Higgins teaches a submersible pump (90) “[...] may be disposed within the wellbore at a depth below the lower end 54 of DHX 40, pumping produced fluids toward the surface, and thereby enhancing the flow of produced fluids from the geothermal reservoir to the surface, and increasing the heat transferred to the working fluid within DHX 40” (paragraph [0063] and figure 4).
Therefore, it would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the invention (AIA ), to modify the geothermal system comprising a heat exchanger, as taught by Colwell, to include a pump below the heat exchanger, as taught by Higgins, “[...] thereby enhancing the flow of produced fluids from the geothermal reservoir to the surface, and increasing the heat transferred to the working fluid within DHX” (paragraph [0063] of Higgins).
In regard to claim 2, in view of the modification of the preceding claim, Higgins further discloses: wherein said pump is a submersible pump (paragraph [0063]).
In regard to claim 3, Colwell further discloses: a circulation fluid (paragraphs [0098-0105] and figure 3).
In regard to claim 7, Colwell discloses claim 6 above.
However, Colwell is silent in regard to: a pump.
Nonetheless, Higgins teaches a similar type of geothermal system comprising a downhole heat exchanger “40” (as shown in figure 4), similar to that of Colwell. Higgins teaches a submersible pump (90) “[...] may be disposed within the wellbore at a depth below the lower end 54 of DHX 40, pumping produced fluids toward the surface, and thereby enhancing the flow of produced fluids from the geothermal reservoir to the surface, and increasing the heat transferred to the working fluid within DHX 40” (paragraph [0063] and figure 4).
Therefore, it would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the invention (AIA ), to modify the geothermal system comprising a heat exchanger, as taught by Colwell, to include a pump below the heat exchanger, as taught by Higgins, “[...] thereby enhancing the flow of produced fluids from the geothermal reservoir to the surface, and increasing the heat transferred to the working fluid within DHX” (paragraph [0063] of Higgins).
Conclusion
THIS ACTION IS MADE FINAL. 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 NEEL PATEL whose telephone number is (469)295-9168. The examiner can normally be reached M-F, 9:00AM-5:00PM CST.
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, Tara Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NEEL GIRISH PATEL/Primary Patent Examiner, Art Unit 3676
Prosecution Insights