Prosecution Insights
Last updated: October 04, 2026
Application No. 18/938,628

METHOD FOR USING DRILLING FLUID IN DRILLING OPERATIONS, DRILLING FLUID AND ITS USE

Final Rejection §103
Filed
Nov 06, 2024
Priority
Nov 19, 2023 — BR 1020230242375
Examiner
AKAKPO, DANY E
Art Unit
3672
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Petróleo Brasileiro S.A. - Petrobras
OA Round
3 (Final)
87%
Grant Probability
Favorable
4-5
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
477 granted / 550 resolved
+34.7% vs TC avg
Moderate +13% lift
Without
With
+13.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
25 currently pending
Career history
578
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
43.5%
+3.5% vs TC avg
§102
27.9%
-12.1% vs TC avg
§112
23.8%
-16.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 550 resolved cases

Office Action

§103
DETAILED ACTION The amendments filed on 06/03/2026 have been entered. Claim Objections Claims 2, 9-19 are objected to because of the following informalities: The use of the term “mainly” in claims 2, 9-19 makes the claim confusing. 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. Claims 8-9, 11-15, 17-18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Marinho et al. (US 20230104709) alone. Regarding claims 8-9, 11-15, 17-18, Marinho discloses a drilling fluid comprising the following components: a continuous phase, mainly water ([0045], table 1); from 0 to 276.4 g/l (0 to 96.7 lb/bbl) of donor salinity, mainly sodium chloride ([0045], table 1); from 1.43 to 4.29 g/l (0.5 to 1.5 lb/bbl) of calcium and magnesium controller, mainly sodium bicarbonate ([0045], table 1); from 4.29 to 7.15 g/l (1.5 to 2.5 lb/bbl) of viscosifier, mainly xanthan gum ([0045], table 1); a filtrate reducer, mainly polyanionic cellulose ([0045], table 1); from 0.29 to 0.86 g/l (0.1 to 0.3 lb/bbl) of alkalizing agent, mainly caustic soda ([0045], table 1); from 0.29 to 0.86 g/l (0.1 to 0.3 lb/bbl) of bactericide, mainly glutaraldehyde ([0045], table 1); from 0 to 0.86 g/l (0 to 0.3 lb/bbl) antifoaming, mainly silicone antifoaming ([0045], table 1); and from 57 to 257 g/l (20 to 90 lb/bbl) of thickening agent, mainly baryte (([0045], table 1)). Marinho appears to be silent in providing water within the ranges 87.6 to 92.2% v/v and polyanionic cellulose within the ranges of 0 to 2.86 g/l (0 to 1.0 lb/bbl) However, before the effective filling date, it would have been obvious to one of ordinary skill in the art, having the teachings of Marinho before him or her, to modify the apparatus/method disclosed by Marinho to include water between 87.6 to 92.2% v/v and polyanionic cellulose within the ranges of 0 to 2.86 g/l (0 to 1.0 lb/bbl) in order to obtain optimal fluid properties since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 VSPQ 233. Regarding claim 20, Marinho further discloses that the weight of the drilling fluid varies depending on the initial concentration of the salinity donor, from weights of 10.3 lb/gal (1.23 g/cm3) to 10.5 lb/gal (1.26 g/cm3) ([0023, abstract]). Claims 10, 16, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Marinho et al. (US 20230104709) as applied to claim 8 above, and further in view of Onaizi (US 11479703). Regarding claims 10, 16, 19, Marinho is silent regarding the use of calcium chloride, triazine and limestone in the drilling fluid Onaizi teaches the use of calcium chloride, triazine and limestone in the drilling fluid (col 9 lines 43-53, col 11 lines 1-33, col 12 lines 7-28). Before the effective filling date, it would have been obvious to one of ordinary skill in the art, having the teachings of Marinho and Onaizi before him or her, to modify the apparatus/method disclosed by Marinho to include calcium chloride, triazine and limestone in the drilling fluid as taught by Onaizi in order to help stabilize the formulation of the drilling fluid (col 1 lines 35-48) Allowable Subject Matter Claims 1-6 are allowed. Response to Arguments Applicant’s arguments, filed on 06/03/2026, with respect to claims 1-7 have been fully considered and are persuasive. 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 DANY E AKAKPO whose telephone number is (469)295-9255. The examiner can normally be reached M-F 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, Nicole Coy can be reached on (571) 272-5405. 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. /DANY E AKAKPO/Examiner, Art Unit 3672 08/27/2026
Read full office action

Prosecution Timeline

Nov 06, 2024
Application Filed
Jun 16, 2025
Non-Final Rejection mailed — §103
Oct 14, 2025
Response Filed
Feb 02, 2026
Non-Final Rejection mailed — §103
Jun 03, 2026
Response Filed
Sep 04, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+13.4%)
2y 1m (~3m remaining)
Median Time to Grant
High
PTA Risk
Based on 550 resolved cases by this examiner. Grant probability derived from career allowance rate.

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