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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 17-26 in the reply filed on 12/30/25 is acknowledged. The traversal is on the ground(s) that no objection on lack of unity of invention has been raised in the Written Opinion (WO) of the International Searching Authority (ISA) under Chapter I [WO/ISA] of the PCT is not persuasive. This is not found persuasive because the inventions have acquired a separate status in the art in view of their different classification; the inventions have acquired a separate status in the art due to their recognized divergent subject matter; and/or the inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries). The common technical feature between the two inventions is a modified acid composition. However, such feature is not specifically linked to one another in the same environment. Therefore, it is possible for the composition (product) to be found allowable in the wellbore method/environment, but not allowable in other methods/environments.
Examples demonstrating a serious search and/or examination burden may include: a search for the apparatus (or product) may not need all of the steps of the method; and the search for the method may not need the same search strategies as all of the details of the apparatus (or product).
The requirement is still deemed proper and is therefore made FINAL.
Specification
The abstract of the disclosure is objected to because (1) the abstract should be one paragraph of 50-150 words; (2) the term “The present invention” is stated in line 1; and (3) the term “said” is stated multiple times throughout lines 1, 6, 8, 12, and 13. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Objections
Claim 21 is objected to because of the following informalities: the term “the hydrochloric acid” in line 2 lacks antecedent basis. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 17, and 22-26 are rejected under 35 U.S.C. 112(a), because the specification, while being enabling for certain amino acids and mineral acid, does not reasonably provide enablement for any and/or all amino acids and mineral acids.
The preliminarily amended disclosure recites the following: “Preferably, said amino acid is selected form the group consisting of: alanine, asparagine, aspartic acid, cysteine, glutamic acid, glycine, histidine, leucine, lysine, methionine, proline, serine, threonine or valine or combinations thereof.” (See Applicant' s Specification, filed 2/26/25: [0010]).
The preliminarily amended disclosure also recites the following: “According to a preferred embodiment of the present invention, said mineral acid is hydrochloric acid.” (See Applicant' s Specification, filed 2/26/25: [0013]).
The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention commensurate in scope with these claims.
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) 17-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO’129 (WO 2018/018129).
With respect to claim 17, WO’129 discloses a method to increase the volume and surface area of a wellbore, said method comprising:- providing a wellbore located within a rock formation;- providing a modified acid composition comprising at least two components: a first component being an amino acid and a second component being a mineral acid; wherein said first component and second component being present in a molar ratio ranging from 1:2 to 1:12.5;- injecting said modified acid composition into said wellbore at a pressure below fracking pressure;- allowing the modified acid composition to be in contact with the rock formation for a period of time long enough to allow the modified acid composition to create a series of wormholes and consequently increase the surface area fluidly connected to said wellbore to enhance the absorption capacity of carbon dioxide injected into said wellbore. See especially WO’129 p. 24-26 and claims 1, 6, and 18 (lysine:HCL in a range of 1:3 to 1:12.5 (weight%) to improve wormholing).
With respect to claims 18-21, directed towards amino acid and mineral acid composition, see especially WO’129 p. 24-26 and claims 1 and 18 (lysine:HCL in a range of 1:3 to 1:12.5 (weight%) to improve wormholing).
With respect to claims 22-26, directed towards formation composition, characteristics, and optimization, see especially WO’129 p. 24-26 and claim 6 (chalk formation).
Claim(s) 17-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN’004 (CN 104560004).
With respect to claim 17, CN’004 discloses a method to increase the volume and surface area of a wellbore, said method comprising:- providing a wellbore located within a rock formation;- providing a modified acid composition comprising at least two components: a first component being an amino acid and a second component being a mineral acid; wherein said first component and second component being present in a molar ratio ranging from 1:2 to 1:12.5;- injecting said modified acid composition into said wellbore at a pressure below fracking pressure;- allowing the modified acid composition to be in contact with the rock formation for a period of time long enough to allow the modified acid composition to create a series of wormholes and consequently increase the surface area fluidly connected to said wellbore to enhance the absorption capacity of carbon dioxide injected into said wellbore. See especially CN’004 pars. [0007], [0016-0018], and claim 1 (lysine:HCL ratio) for matrix acidizing [0012].
With respect to claims 18-21, directed towards amino acid and mineral acid composition, see especially CN’004 pars. [0007], [0016-0018], and claim 1 (lysine:HCL ratio) for matrix acidizing [0012].
With respect to claims 22-26, directed towards formation composition, characteristics, and optimization, see especially CN’004 par. [0011] (chalk formation).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CA 3028112 teaches an aqueous modified acid composition for use in oil industry activities, said composition comprising: an amino acid, an alkanolamine and strong acid wherein the mineral acid : alkanolamine/amino acid are present in a molar ratio of not more than 15:1, preferably not more than 10:1; it can also further comprise a metal iodide or iodate.
CA 3051428 teaches an aqueous synthetic acid composition for use in oil industry activities, said composition comprising: lysine and hydrogen chloride in a molar ratio ranging from 1:3 to 1:12.5, preferably from more than 1:5 to 1:8.5; it can also further comprise a metal iodide or iodate; an alcohol or derivative thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKIYA W BATES whose telephone number is (571)272-7039. The examiner can normally be reached M-F 8:30am - 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, Doug Hutton can be reached at 5712724137. 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.
/ZAKIYA W BATES/ Primary Examiner, Art Unit 3674 4/3/2026
Prosecution Insights