DETAILED ACTION
The amendments filed on 10/14/2025 have been entered.
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 4 and 7 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 4 is a method claim with no positively recited method steps.
In claim 7, line 1, the applicant recites “a fluid according…”. It is not clear what fluid the applicant is referring to.
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 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Marinho et al. (US 20230104709) alone.
Regarding claim 2, 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 3, Marinho further discloses that the weight of the initial composition 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), and wherein to ensure a calibrated final section with weight in a certain range, the performing of weight control also includes use of saturated and light fluid. ([0023],abstract).
Regarding claim 4, Marinho further discloses that the drilling fluid is used for the construction of wells with potential gains in the disciplines of drilling fluids, directional tools and casing and cementing ([0001]-[0003]).
Allowable Subject Matter
Claims 1 and 5-6 are allowed.
Claim 4 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art to record is Jamison et al. (US 20120094876)
Regarding claim 1 and 4, Jamison discloses A method for employing drilling fluid in drilling operations, the method comprising:
(a) receiving details of a salt, with its stratigraphic composition ([0025]);
(b) evaluating the upper limit and weight required at an end of a phase ([0006]);
(c) based on the well diameter, estimating through a mass balance and desired initial salinity, estimated depth of fluid saturation, and defining initial and final weight after saturation ([0025]);
(e) confirming with simulation and the stratigraphic composition provided whether a mass balance prediction is reproduced through temperature balance and salt balance ([0025]);
(f) during operation, preparing fluid according to suggested composition and observing salinity and initial weight ([0025]);
(g) performing a formation integrity test to assess whether the final weight of the well is within the planned range, and making any necessary adjustments during drilling ([0021]);
(h) replacing well fluid and start drilling ([0025]);
(i) monitoring the evolution of the weight and salinity of the fluid during drilling, noting the increase in chlorides, sodium, potassium, calcium, and magnesium in the fluid ([0025]);
(j) performing weight control with undersaturated fluid and, if necessary to ensuring a calibrated final section with weight in a certain range, use saturated and light fluid ([0025], fig 4);
Jamison is silent regarding
(d) confirming with a cementing project which final well extension is necessary for the fluid to be close to saturation;
(k) temporarily circulating the undersaturated fluid itself, using an undersaturated saline fluid with no viscosity, or even fresh water to release the column;
(l) at the end of drilling, using the combination of a low rheology fluid followed by a viscous and low salinity fluid that, when combined, promotes suspension of cuttings when forming a bed in inclined sections and to dissolve during the cleaning flow, in which column rotation to aid in removal can be combined;
(m) maneuvering the column and providing a memory profile in LWD during removal, without circulation, to measure the calibrated well extension as specifically called for in the claimed combination.
Response to Arguments
Applicant's arguments filed 10/14/2025 regarding claim 2 have been fully considered but they are not persuasive.
Applicant states that claim 2 depends on allowed claim 1. The Examiner respectfully disagrees. In fact, claim 2 is currently an independent claim.
Conclusion
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.
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/DANY E AKAKPO/Examiner, Art Unit 3672
1/29/2026
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