DETAILED ACTION
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 Amendment
Applicant’s amendments, filed March 10, 2026, have been fully considered.
Response to Amendments
Applicant’s amendments, filed March 10, 2026 have been fully considered.
Claims 2, 4, 8, 11, 15, and 20 have been cancelled by the Applicant. Claims 21-25 are newly added.
The potential objection to Claim 3 based on a duplicate claim, mailed December 17, 2025, has been overcome by the Applicant’s amendments.
The objection to Claim 4 based on improper punctuation, mailed December 17, 2025, has been overcome by the Applicant’s amendments.
The objection to Claim 5 based on an improper Markush group, mailed December 17, 2025, has been overcome by the Applicant’s amendments.
The objection to Claim 11 based on improper punctuation, mailed December 17, 2025, is moot.
The rejection of Claim 11 under 35 U.S.C. § 112(b), mailed December 17, 2025, is moot.
The rejection of Claims 12-19 under 35 U.S.C. § 112(b), mailed December 17, 2025, has been overcome by the Applicant’s amendments.
The rejection of Claim 15 under 35 U.S.C. § 112(b), mailed December 17, 2025, is moot.
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 1, 3, 5-7, 9-10, 12-14, 16-18, 21, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Porcherie et al. (US 2011/0073311) in view of Horikoshi et al. (US 2023/0250023).
Claim 1. Porcherie discloses A method (Abstract; [0009]; [0032] – [0039]), comprising:
forming a geopolymer precursor comprising an aluminosilicate source ([0009]; [0023]), a metal silicate ([0009]; [0024]), a fiber material ([0013]), an alkali activator ([0009]; [0025]) and a carrier fluid ([0009]; [0026]), …;
placing the geopolymer precursor into a subterranean well ([0032]; [0037] – [0039]); and
causing the geopolymer precursor to harden and set within the subterranean well to form a geopolymer ([0032] – [0035]).
Porcherie discloses that the geopolymer may include reinforcing agents, such as fibers, to improve the set material strength ([0013]), but Porcherie does not expressly disclose wherein the fiber material comprises fibers having a length between 1 mm and 50 mm and a diameter between 1 µm and 2000 µm, and wherein the fiber material is present in the geopolymer precursor at a concentration between 1% by weight of solids in the geopolymer precursor and 20% by weight of the solids in the geopolymer precursor; and wherein the fiber material facilitates increasing a tensile strength of the geopolymer.
However, Horikoshi teaches a composition that can form a geopolymer (Abstract; [0016]; [0031]), the composition comprising: (A) an aluminosilicate source ([0020] – [0026]), (B) an alkali activator ([0027] – [0036]), and (C) alkali-resistant fibers ([0037] – [0055]); wherein the fibers may include either inorganic fibers or organic fibers ([0038]) with an average fiber diameter of 3 µm to 1000 µm ([0040]) and an average fiber length of 0.5 to 40 mm ([0043]), wherein the fibers are present in an amount up to 5% by mass relative to a total solid content in the composition ([0055]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the reinforcing agents in Porcherie with fibers, as taught by Horikoshi, in order to reinforce and improve the tensile strength of the final composition ([0018]; [0044]).
Claim 3. Porcherie in view of Horikoshi teach The method of claim 1. Porcherie discloses further comprising:
forming a pumpable geopolymer base comprising the aluminosilicate source ([0009]; [0023]), the metal silicate ([0009]; [0024]), the alkali activator ([0009]; [0025]) and the carrier fluid ([0009]; [0026]); and
dispersing the fiber material within the pumpable geopolymer base to form the geopolymer precursor ([0013]).
Claim 5. Porcherie in view of Horikoshi teach The method of claim 1. Regarding the limitation: wherein the fiber material comprises animal fibers, plant fibers, mineral fibers, semi-synthetic fibers, regenerated fibers, glass fibers, metal fibers, carbon fibers, polymer fibers, or a combination thereof, Porcherie discloses wollastonite fibers ([0013]), which are inorganic mineral fibers. Moreover, Horikoshi teaches wherein the fibers may be either inorganic fibers or organic fibers; wherein the inorganic fibers may include: glass fibers, steel fibers, stainless fibers, and carbon fibers ([0038]).
Claim 6. Porcherie in view of Horikoshi teach The method of claim 1. Regarding the limitation: wherein the fiber material comprises the fibers having a length between 5 mm and 20 mm, and a diameter between 1 µm and 500 µm, Horikoshi teaches wherein the fibers may be either inorganic fibers or organic fibers ([0038]) with an average fiber diameter of 3 µm to 1000 µm ([0040]) and an average fiber length of 0.5 to 40 mm ([0043]).
Claim 7. Porcherie in view of Horikoshi teach The method of claim 1. Regarding the limitation: wherein the fiber material is uncrimped, Porcherie discloses wollastonite fibers ([0013]), which are uncrimped fibers. Moreover, Horikoshi teaches various other uncrimped fibers ([0038]).
Claim 9. Porcherie in view of Horikoshi teach The method of claim 1. Regarding the limitation: wherein the fiber material is present in the geopolymer precursor at a concentration between 5% by weight of the solids in the geopolymer precursor and 15% by weight of the solids in the geopolymer precursor, Horikoshi teaches that the fibers are present in an amount up to 5% by mass relative to a total solid content ([0055]).
Claim 10. Porcherie in view of Horikoshi teach The method of claim 1. Regarding the limitation: wherein forming the geopolymer precursor comprises adding the fiber material as a slurry comprising a hydrocarbon oil, an aqueous fluid, a glycol fluid, or a combination thereof, Porcherie discloses that the carrier fluid is preferably an aqueous solution, such as fresh water ([0026]).
Claim 12. Porcherie discloses A geopolymer precursor (Abstract; [0009]; [0032] – [0039]), comprising: an aluminosilicate source ([0009]; [0023]); an alkali activator ([0009]; [0025]); a carrier fluid ([0009]; [0026]); and a tensile strength improvement agent, wherein the tensile strength improvement agent comprises fibers ([0013]), and …
Porcherie discloses that the geopolymer may include reinforcing agents, such as fibers, to improve the set material strength ([0013]), but Porcherie does not expressly disclose wherein the tensile strength improvement agent comprises fibers configured to increase a tensile strength of a geopolymer formed from the geopolymer precursor, the fibers having a length between 1 mm and 50 mm and a diameter between 1 µm and 2000 µm, and wherein the fiber material is present in the geopolymer precursor at a concentration between 1% by weight of solids in the geopolymer precursor and 20% by weight of the solids in the geopolymer precursor.
However, Horikoshi teaches a composition that can form a geopolymer (Abstract; [0016]; [0031]), the composition comprising: (A) an aluminosilicate source ([0020] – [0026]), (B) an alkali activator ([0027] – [0036]), and (C) alkali-resistant fibers ([0037] – [0055]); wherein the fibers may include either inorganic fibers or organic fibers ([0038]) with an average fiber diameter of 3 µm to 1000 µm ([0040]) and an average fiber length of 0.5 to 40 mm ([0043]), wherein the fibers are present in an amount up to 5% by mass relative to a total solid content in the composition ([0055]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the reinforcing agents in Porcherie with fibers, as taught by Horikoshi, in order to reinforce and improve the tensile strength of the final composition ([0018]; [0044]).
Claim 13. Porcherie in view of Horikoshi teach The geopolymer precursor of claim 12. Regarding the limitation: wherein the tensile strength improvement agent comprises animal fibers, plant fibers, mineral fibers, semi-synthetic fibers, modified natural fibers, regenerated fibers, polymer fibers, glass fibers, metal fibers, carbon fibers, or a combination thereof, Porcherie discloses wollastonite fibers ([0013]), which are inorganic mineral fibers. Moreover, Horikoshi teaches wherein the fibers may be either inorganic fibers or organic fibers; wherein the inorganic fibers may include: glass fibers, steel fibers, stainless fibers, and carbon fibers ([0038]).
Claim 14. Porcherie in view of Horikoshi teach The geopolymer precursor of claim 12. Regarding the limitation: wherein the tensile strength improvement agent comprises an uncrimped fiber material, Porcherie discloses wollastonite fibers ([0013]), which are uncrimped fibers. Moreover, Horikoshi teaches various other uncrimped fibers ([0038]).
Claim 16. Porcherie in view of Horikoshi teach The geopolymer precursor of claim 12. Regarding the limitation: wherein the tensile strength improvement agent is present in the geopolymer precursor at a concentration between about 5% by weight of the solids in the geopolymer precursor and 15% by weight of the solids in the geopolymer precursor, Horikoshi teaches that the fibers are present in an amount up to 5% by mass relative to a total solid content ([0055]).
Claim 17. Porcherie in view of Horikoshi teach The geopolymer precursor of claim 12. Regarding the limitation: wherein the fibers of the tensile strength improvement agent have a length between 5 mm and 20 mm, Horikoshi teaches wherein the fibers may be either inorganic fibers or organic fibers ([0038]) with an average fiber length of 0.5 to 40 mm ([0043]).
Claim 18. Porcherie in view of Horikoshi teach The geopolymer precursor of claim 12. Regarding the limitation: wherein the fibers of the tensile strength improvement agent have a diameter between 1 µm and 500 µm, Horikoshi teaches wherein the fibers may be either inorganic fibers or organic fibers ([0038]) with an average fiber diameter of 3 µm to 1000 µm ([0040]).
Claim 21. Porcherie in view of Horikoshi teach The method of claim 1. Horikoshi teaches wherein:
the fiber material comprises alkali-resistant glass fibers ([0038]);
the fibers are uncrimped ([0038]);
the fibers have a length between 10 mm and 14 mm ([0043]);
the fibers have a diameter of about 20 µm ([0040]);
the fiber material is present in the geopolymer precursor at a concentration between 5% by weight of the solids in the geopolymer precursor and 15% by weight of the solids in the geopolymer precursor ([0055]); and…
Porcherie discloses forming the geopolymer precursor comprises adding the fiber material as a slurry comprising a hydrocarbon oil, an aqueous fluid, a glycol fluid, or a combination thereof ([0026]).
Claim 24. Porcherie in view of Horikoshi teach The geopolymer precursor of claim 12. Porcherie discloses further comprising a metal silicate ([0009]; [0024]).
Claims 19 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Porcherie et al. (US 2011/0073311) in view of Horikoshi et al. (US 2023/0250023), as applied to Claim 12, further in view of Bestaoui-Spurr et al. (US 2020/0231867).
Claim 19. Porcherie in view of Horikoshi teach The geopolymer precursor of claim 12. Regarding the limitation: wherein the carrier fluid comprises a hydrocarbon oil, a glycol fluid, or both, Porcherie discloses that the carrier fluid is preferably an aqueous solution, such as fresh water ([0026]). However, Bestaoui-Spurr teaches that it is well known in the art to use any carrier fluid suitable for transporting a composition comprising aluminosilicate into a well and/or subterranean formation fracture in communication therewith including carrier fluids, such as brine, salt water, fresh water, and/or liquid hydrocarbons ([0136]). Therefore, it would have been to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the carrier fluid in Porcherie, with hydrocarbons, as taught by Bestaoui-Spurr, in order to transport the geopolymer into a well and/or subterranean formation with a reasonable expectation of success.
Claim 23. Porcherie in view of Horikoshi teach The geopolymer precursor of claim 12. Horikoshi teaches wherein:
the tensile strength improvement agent comprises alkali-resistant glass fibers ([0038]);
the fibers are uncrimped ([0038]);
the fibers have a length between 10 mm and 14 mm ([0043]);
the fibers have a diameter of about 20 µm ([0040]);
the tensile strength improvement agent is present in the geopolymer precursor at a concentration between 5% by weight of the solids in the geopolymer precursor and 15% by weight of the solids in the geopolymer precursor ([0055]); and…
Regarding the limitation: the carrier fluid comprises a hydrocarbon oil, a glycol fluid, or both, Porcherie discloses that the carrier fluid is preferably an aqueous solution, such as fresh water ([0026]). However, Bestaoui-Spurr teaches that it is well known in the art to use any carrier fluid suitable for transporting a composition comprising aluminosilicate into a well and/or subterranean formation fracture in communication therewith including carrier fluids, such as brine, salt water, fresh water, and/or liquid hydrocarbons ([0136]). Therefore, it would have been to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the carrier fluid in Porcherie, with hydrocarbons, as taught by Bestaoui-Spurr, in order to transport the geopolymer into a well and/or subterranean formation with a reasonable expectation of success.
Claims 22 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Porcherie et al. (US 2011/0073311) in view of Horikoshi et al. (US 2023/0250023), as applied to Claims 1 and 12, further in view of Dubey (US 2013/0284069).
Claims 22 and 25. Porcherie in view of Horikoshi teach The method of claim 1 (Claim 22); and Porcherie in view of Horikoshi teach The geopolymer precursor of claim 12 (Claim 25).
Porcherie discloses that the geopolymeric composition can include various additives ([0018]), but Porcherie does not expressly disclose wherein:
the geopolymer precursor further comprises a self-healing agent, an expanding agent, a flexible agent, or a combination thereof,
the self-healing agent comprises styrene-butadiene-styrene particles, styrene-isoprene- styrene particles, polynorbornene, alkylstyrene, a vinyl acrylate copolymer, diatomaceous earth, vulcanized rubber, ground rubber, carbon black, asphaltite mineral, or a combination thereof,
the expanding agent comprises calcium oxide, magnesium oxide, calcium sulphoaluminate, gypsum, finely ground aluminum powder, or a combination thereof, and
the flexible agent comprises ground vulcanized rubber, a polypropylene copolymer, acrylonitrile-butadiene rubber, or a combination thereof.
However, Dubey teaches geopolymer cementitious binder compositions, comprising a mixture of thermally activated aluminosilicate mineral, calcium aluminate cement, a calcium sulfate and a chemical activator with water (Abstract). Dubey teaches that various additives may be included in the geopolymer compositions, including reinforcing fibers ([0050]) and film-forming polymer dispersions, such as latex (i.e. an emulsion polymer formed from a pure acrylic, a styrene rubber, a styrene butadiene rubber, a styrene acrylic, a vinyl acrylic or an acrylated ethylene vinyl acetate copolymer and is more preferably a pure acrylic) ([0205] – [0207]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the geopolymer in Porcherie, with additives including latex, as taught by Dubey, in order to modify the working time flexibility, dimensional stability, compressive strength and/or other strength of the geopolymer ([0053]) with a reasonable expectation of success.
Response to Arguments
Applicant’s arguments, filed March 10, 2026, have been considered, but the arguments are immaterial to the new ground of rejection, which does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Gong et al. (US 2012/0152153).
Gong discloses a geopolymer composition comprising: reactive aluminosilicate; an alkali activator comprising an aqueous solution of metal hydroxide and metal silicate; and one or more aggregate ([0012]). Gong discloses wherein the geopolymer composition may further comprise fibers for reinforcement and improvement of tensile strength ([0005]; [0100]), wherein the fibers are present in an amount up to about 15 wt%, and wherein the fibers have a length of at least 2 mm and preferably between about 10 and 30 mm, and wherein the ratio of length to diameter of metal fibers used for reinforcement is typically within the range of about 10 to 300 ([0099] – [0100]). Gong provides an exemplary fiber having 13 mm in length and 0.20 mm in diameter ([0100]).
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 Crystal J. Lee whose telephone number is (571)272-6242. The examiner can normally be reached M-F from 8:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at (571) 272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CRYSTAL J LEE/Primary Examiner, Art Unit 3674
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