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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/4/26 has been entered.
The amended claims filed 2/4/26 are acknowledged; claims 1-13 are currently pending.
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.
Claim(s) 3, 12, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perkins (WO 2019136533) in view of Kjorholt (US 20120043081).
CLAIM 1: Perkins discloses a mining method. The method comprises stimulating a length of a fracking system along a borehole (10) of a well (“zone of mobilized hydrocarbons 14”), the fracking system located within a reservoir and including a plurality of stimulation sections alternating along the length with a plurality of extraction sections (see Fig. 2), and the stimulating including injecting pressurized fracking fluid (108) into rock (206) surrounding the plurality of stimulation sections, wherein the plurality of stimulation sections comprise a first cross-sectional configuration of a stimulation pathway and an extraction pathway, the first cross-sectional configuration defined by a cross-section taken on a first plane perpendicular to directions of flow of the fracking fluid and extraction fluid in the length of the fracking system (see Fig. 2, showing zones of mobilized hydrocarbons); and extracting extraction fluid from the well simultaneously with the stimulating of the well, the extracting including extracting the extraction fluid from rock surrounding the plurality of extraction sections (paragraphs 284-285), wherein the plurality of extraction sections comprise a second cross-sectional configuration of the stimulation pathway and the extraction pathway taken on a second plane parallel to the first plane (see zones of Fig. 2).
Perkins fails to disclose a difference between the first cross-sectional configuration and the second cross-sectional configuration causes a pressure differential to form in the stimulation pathway at a border between one of the stimulation sections and one of the extraction sections.
Kjorholt discloses a method for recovering hydrocarbons.
Kjorholt discloses a first and second cross-sectional configuration for stimulation and extraction sections (see Fig. 3). A pressure differential forms at the border between the sections (see paragraph 0038).
It would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to modify the method of Perkins to have the pressure differential of Kjorholt with a reasonable expectation of success as Kjorholt teaches the pressure can be used to control the fluid flow (see paragraph 0038).
CLAIM 2: Perkins discloses expanding, from the fracking system, at least one barrier positioned at the border between one stimulation section and one extraction section and forming a seal between the barrier and a casing of the borehole (sealing devices 540).
CLAIM 4: Perkins discloses positioning the fracking system along the length of the borehole (see Fig. 2), wherein the fracking system comprises the extraction pathway receiving the extraction fluid and transporting the extraction fluid to an outlet of the borehole, and the stimulation pathway, separate from the extraction pathway, for receiving the fracking fluid and introducing the fracking fluid to the borehole (see paragraphs 284-85 discussing paths).
CLAIM 6: Perkins discloses the fracking system comprises a plurality of resource extraction tools, each tool corresponding to a stage of the well, each stage tool mated in a series along the borehole of the well, and each tool including at least one extraction section and at least one stimulation section (see Fig. 6, showing parts of 512 with stages being shown by apertures 542/546).
CLAIM 7: Perkins discloses a fracking system. The system comprises a plurality of resource extraction tools, each tool corresponding to a stage of a well (sections of device 512 for sections of the zones in the borehole 510, see Fig. 6), and each tool comprising an outer casing (paragraph 0285); a stimulation section along a length of the respective stage, wherein the stimulation section comprises a first cross-sectional configuration of a stimulation pathway and an extraction pathway the first cross-sectional configuration defined by a cross-section taken on a first plane perpendicular to directions of flow of fracking fluid and extraction fluid in the length of the respective stage (see Fig. 2, zones), an extraction section neighboring the stimulation section along the length of the respective stage, wherein the extraction section comprises a second cross-sectional configuration of the stimulation pathway and the extraction pathway taken on a second plane parallel to the first plane (see Fig. 2); the stimulation pathway in the stimulation section in communication with the stimulation pathway in the extraction section, the stimulation pathway connected to at least one stimulation perforation in the outer casing and configured to provide a fracking fluid from the at least one stimulation pathway to an exterior of the respective tool through the stimulation perforation (see Fig. 6); the extraction pathway in the stimulation section in communication with the extraction pathway in the extraction section, the extraction pathway connected to at least one extraction perforation in the outer casing and configured to drain an extraction fluid from the exterior of the respective tool through the extraction perforation and into the extraction pathway; and a barrier between the stimulation section and the extraction section, the barrier configured to expand beyond the outer casing and into the exterior of the respective tool, mate with a casing of a borehole, and divide the exterior of the respective tool into a stimulation portion of the exterior and an extraction portion of the exterior (see Fig. 6).
Perkins fails to disclose a difference between the first cross-sectional configuration and the second cross-sectional configuration causes a pressure differential to form in the stimulation pathway at a border between one of the stimulation sections and one of the extraction sections.
Kjorholt discloses a first and second cross-sectional configuration for stimulation and extraction sections (see Fig. 3). A pressure differential forms at the border between the sections (see paragraph 0038).
CLAIM 8: Perkins discloses each tool further comprising: a first mating section at a first end of the respective tool; and a second mating section at a second end of the respective tool; wherein the first mating section is configured to mate with a second mating section of a neighboring tool, and wherein the first and second mating sections include a connection for the stimulation pathways of the respective tool and the neighboring tool and include a connection for the extraction pathways of the respective tool and the neighboring tool (see Fig. 6 showing parts of 512; see also Fig. 15, see also paragraph 0329, 340).
CLAIM 10: Perkins discloses the first and second cross-sectional configurations are substantially circular; the extraction pathway runs through an inner portion of the first and second cross-sectional configurations comprising a center of the cross section; and the stimulation pathway runs through an outer portion of the first and second cross-sectional configurations not comprising the center of the cross section (see Fig. 6).
Claim(s) 3, 12, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perkins in view of Kjorholt in further view of Hazel (US 20170145801).
CLAIM 3: Perkins-Kjorholt discloses the elements of claim 2 as discussed above.
Perkins further discloses providing pressure to the pressurized fracking fluid in the fracking system (paragraph 0077).
Perkins fails to disclose wherein the expanding the barrier includes inflating a bladder in the mining tool with the pressurized fracking fluid until the barrier contacts the casing of the borehole.
Hazel discloses a downhole stimulation system.
Hazel discloses inflatable packers (6) that act as seals along the casing of the borehole (see Fig. 1).
It would have been obvious to one having ordinary skill at the time of filing the claimed invention to modify the seals of Perkins to be the inflatable packers of Hazel with a reasonable expectation of success as the substitution of one known seal for another as the seal of Hazel would perform the same function in the combination as it does in Hazel.
CLAIM 12: Perkins discloses claim 7 as discussed above.
Hazel discloses a bladder (6) configured to receive, based on the pressure differential the fracking fluid from the stimulation pathway positioned to engage the barrier as the bladder inflates with the fracking fluid (Fig. 1; paragraph 0077).
CLAIM 13: Hazel discloses each tool further comprising: a motor (31) configured to receive electrical power from a wiring pathway and to engage the barrier and cause the expansion of the barrier (see Fig. 3, paragraph 0094).
Claim(s) 5, 9, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perkins in view of Kjorholt in further view of Wygnanski (US 20110083855).
CLAIM 5: Perkins-Kjorholt discloses the elements of claim 4 as discussed above.
Perkins fails to disclose wherein the fracking system further comprises a wiring pathway separate from the extraction pathway and separate from the stimulation pathway, and the method further includes one or more of: sensing the well with a sensor connected to wiring in the wiring pathway; and controlling the fracking system by controlling a device connected to the wiring in the wiring pathway.
Wygnanski discloses a wellbore tool operating system.
Wygnanski discloses a control device with wiring pathway separate from the extraction pathway and separate from the stimulation pathway(see Figs. 5, 6; paragraphs 48-57 discussing different segments for each).
It would have been obvious to one having ordinary skill in the art at the time of the filing of the claimed invention to modify the system of Perkins-Kjorholt to have a wiring system as in Wygnanski with a reasonable expectation of success as the combination of known elements in which the pathway would allow the wires to transfer power and signals without interference from the fluids.
CLAIM 9: Wygnanski discloses each tool further comprising: a wiring pathway separate from the extraction pathway and separate from the stimulation pathway; and a device connected to wiring in the wiring pathway (see Claim 5).
CLAIM 11: Wygnanski discloses each tool further comprises: a middle casing between the stimulation pathway and a wiring pathway; and an inner casing between the wiring pathway and the extraction pathway (see Figs. 5,6).
Response to Arguments
Applicant's arguments filed 2/4/26 have been fully considered but they are not persuasive.
Applicant argues the amended language over comes the prior art. This is not persuasive.
First, the broadest reasonable interpretation of the amendment must be determined. Claim terms are given their broadest reasonable interpretation in light of the specification. Applicant failed to identify where in the Specification the amended language is supported. Neither the term “plane” no “perpendicular” appear in the Specification. Various cross sections are discussed with respect to Fig. 5, but do not appear to relate to the amended language. Therefore, the only support is the drawings. One of ordinary skill in the art could view the drawings within the described sections as claimed. So the terms will be interpreted with the plain meaning – a chosen plane perpendicular to the direction of flow. As such, one of ordinary skill in the art would consider the same planes to be taught by the drawings of the prior art, as they would require the same mental construction of the described plane.
Applicant asserts that the “zones of mobilized hydrocarbons” of Perkins are distinct from the described claim. Applicant asserts the zones are “simply the areas of the strata surrounding the well bore that are affected by the fluid injected at a particular location by the completion device”. In further detail, this is done by the “mobilizing fluid 108”. This is a method of stimulation. So the zone of mobilized hydrocarbons are the zones of stimulation. Thus, one of ordinary skill in the art would find the claims taught by the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK F LAMBE whose telephone number is (571)270-1932. The examiner can normally be reached M-Th 10-4.
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/PATRICK F LAMBE/Examiner, Art Unit 3676
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676