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 .
Claim Objections
Claims 18-33 and 36 are objected to because of the following informalities:
The following claims 18-33 each recite “The composition of claim…” and should be amended to recite “The plugging agent composition of claim…” to properly address the plugging agent composition of Independent claim 17.
Claim 36 recites “The method of claim 17…” and should be amended to recite “The hydrocarbon reservoir plugging of method 35…” to properly address the hydrocarbon reservoir plugging method of claim 35.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 17-24 and 26-36 are rejected under 35 U.S.C. 103 as being unpatentable over Osorio et al (U.S Pub 2015/0114649) (“Osorio”) in view of Reddy et al (U.S Pub 2007/0111900) (“Reddy”).
Regarding Claim 17, Osorio discloses a composition comprising a polymer and a stabilizer (Abstract; paragraphs [0009]-[0010] and [0036] [Wingdings font/0xE0] Osorio discloses a sealant composition comprising a crosslinkable polymer and a stabilizer), wherein the stabilizer has a cross-linkable group and/or a couplable group (paragraphs [0025], [0036], [0043] [Wingdings font/0xE0] Osorio discloses a variety of stabilizers in the form of surfactants, viscosifying agents, buffering agents and other organic polymers that include crosslinkable groups);
the cross-linkable group and/or the couplable group in the stabilizer are/is cross-linked or coupled in the presence of a crack and/or a leakage point so that the polymer latex is coagulated and cured (paragraphs [0025] and [0028], [0036], [0043] [Wingdings font/0xE0] Osorio discloses a variety of crosslinkable organic polymers for use in the sealant composition that are crosslinked with a crosslinker in order to form a gel (i.e., curing) for a variety of wellbore operations [0010]).
Osorio, however, fails to expressly disclose a plugging agent composition comprising a polymer latex.
Reddy teaches the composition above comprising a plugging agent composition that comprises a polymer latex (Abstract; paragraphs [0016] and [0018]-[0019] [Wingdings font/0xE0] Reddy teaches a sealant composition that comprises a solid polymer latex for loss circulation fluids, zonal isolation fluids and/or to plug voids/cracks in conduits or an opening in a cement sheath) for the purpose of plugging a void/crack in a conduit in order to prevent the loss of aqueous/nonaqueous fluids in loss circulation zones downhole (Abstract; paragraph [0016]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Osorio to incorporate a polymer latex in the plugging agent composition, as taught by Reddy, because doing so would help to plug a void/crack in a conduit in order to prevent the loss of aqueous/nonaqueous fluids in loss circulation zones.
Regarding Claim 18, Osorio discloses the composition of claim 17, wherein the cured product is capable of withstanding a specific pressure (Abstract; paragraph [0099]). Although silent to “wherein the cured product is capable of withstanding a pressure of not less than 5MPa,” as instantly claimed, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to provide for the specific pressure above as claimed insofar as because it has been held "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 19, Reddy teaches the composition of claim 17, wherein the concentration of metal cations in the composition is below 0.1 wt% (paragraphs [0026] and [0033]-[0034]; [0038] [Wingdings font/0xE0] Reddy teaches wherein the sealant composition comprises viscosifying agents and solid polymer latexes comprising cations present in a range from 0.01% to about 1%).
Regarding Claim 20, Reddy teaches the composition of claim 18, wherein the composition does not contain a metal cation demulsifier (paragraph [0018] [Wingdings font/0xE0] Reddy teaches wherein the sealant polymerized latex comprises an emulsifying surfactant, not a demulsifier).
Regarding Claim 21, Osorio in view of Reddy teach the composition of claim 17, wherein a weight ratio of polymer latex: stabilizer is 1: (0.0001-0.2) (Abstract; paragraphs [0028] and [0031]).
Regarding Claim 22, Osorio discloses the composition of claim 17, wherein the content of a cross-linkable group and/or a couplable group in the stabilizer is within the range of 0.001-20 wt%, based on the total weight of the stabilizer (Page 3, paragraphs [0024]-[0025] and [0027] [Wingdings font/0xE0] Osorio discloses a concentration of the crosslinkable polymer groups in the stabilizer).
Regarding Claim 23, Osorio discloses the composition of claim 22, wherein the cross-linkable group and/or the couplable group is siloxy (paragraphs [0025] and [0028], [0036], [0043] [Wingdings font/0xE0] Osorio discloses a variety of crosslinkable organic polymers for use in the sealant composition that are crosslinked with a crosslinker in order to form a gel (i.e., curing) for a variety of wellbore operations [0010]).
Regarding Claim 24, Osorio discloses the composition of claim 23, wherein the stabilizer further comprises at least one of the groups (as illustrated on Page 5 of the claims dated 04/29/2025): wherein M1, M2, M3, M4, M5, and M6 are each independently selected from H+, Na+, K+, or NH4+; and/or, the stabilizer has a weight average molecular weight (paragraphs [0025], [0036], [0043] [Wingdings font/0xE0] Osorio discloses a variety of stabilizers in the form of surfactants, viscosifying agents, buffering agents and other organic polymers that include crosslinkable groups at specific concentration ranges downhole). Although silent to “wherein the stabilizer has a weight average molecular weight within the range of 10,000-100,000 g/mol,” as instantly claimed, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to provide for an average weight molecular concentration as claimed insofar as because it has been held "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 26, Reddy teaches the composition of claim 17, wherein the polymer latex is at least one selected from the group consisting of nitrile latex, styrene-butadiene latex, styrene-propylene latex, butyl latex, pure propylene latex, neoprene latex, natural rubber latex, fluororubber latex, polybutadiene latex, ethylene propylene diene monomer (EPDM) latex, silicone rubber latex, and polyacrylate latex (Abstract; paragraphs [0016] and [0018]-[0019] [Wingdings font/0xE0] Reddy teaches a sealant composition that comprises a solid polymer latex such as nitrile latex).
Regarding Claim 27, Reddy teaches the composition of claim 17, wherein the polymer latex comprises latex particles (Abstract; paragraphs [0016] and [0018]-[0019]; [0088] [Wingdings font/0xE0] Reddy teaches a sealant composition that comprises solid polymer latex in the form of dry latex particles). Although silent to “wherein the latex particles have a particle size of 20-300nm and/or latex particles having a particle size of 300nm-2mm,” as instantly claimed, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to provide for the specific particle size of the latex particles as claimed insofar as because it has been held "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 28, Osorio discloses the composition of claim 17, wherein the composition further comprises a surfactant (paragraphs [0016] and [0036] [Wingdings font/0xE0] Osorio discloses surfactants such as nonionic surfactants).
Regarding Claim 29, Osorio discloses the composition of claim 28, wherein the surfactant is selected from anionic surfactants and/or non-ionic surfactants (paragraphs [0016] and [0036] [Wingdings font/0xE0] Osorio discloses surfactants such as nonionic surfactants).
Regarding Claim 30, Osorio in view of Reddy teach the composition of claim 28, wherein the weight ratio of polymer latex: surfactant is 1: (0.0001-0.2) (Abstract; paragraphs [0028] and [0031]).
Regarding Claim 31, Osorio discloses the composition of claim 17, wherein the composition further comprises a bridging material (paragraphs [0034] and [0048] [Wingdings font/0xE0] Osorio discloses wherein the sealant composition comprise bridge plugs and elastomeric polymer particles as disclosed in dependent claim 32).
Regarding Claim 32, Osorio discloses the composition of claim 31, wherein the bridging material is at least one selected from the group consisting of walnut shell, elastic particles, and fibrous material; and/or, the weight ratio of polymer latex: bridging material is 1: (0.001-1) (paragraphs [0034] and [0048] [Wingdings font/0xE0] Osorio discloses wherein the sealant composition comprise bridge plugs and elastomeric polymer particles).
Regarding Claim 33, Osorio discloses the composition of claim 32, wherein the walnut shell has a particle size within the range of 150-450pm; the elastic particles have a particle size within the range of 450-850pm; and the fibrous material has a fiber length within the range of 5-40mm (paragraphs [0034] and [0048]; [0088] [Wingdings font/0xE0] Osorio discloses wherein the sealant composition comprise bridge plugs and elastomeric polymer particles with specific particle sizes).
Regarding Claim 34, Osorio in view of Reddy teach a method of using the plugging agent composition of claim 17 in lost circulation control of a hydrocarbon reservoir (Abstract; paragraphs [0009]-[0010]; [0016] and [0036] [Wingdings font/0xE0] Osorio discloses a sealant composition comprising a crosslinkable polymer and a stabilizer for preventing/reducing fluid loss in zones).
Regarding Claim 35, Osorio in view of Reddy teach a hydrocarbon reservoir plugging method comprising the following steps:
injecting the plugging agent composition of claim 17 into a hydrocarbon reservoir formation (Reddy: paragraph [0016]), the composition flows into a crack and/or a leakage point of the oil and gas reservoir formation during the injection process (Reddy: paragraphs [0016] and [0018]-[0019] [Wingdings font/0xE0] Reddy teaches a sealant composition that comprises a solid polymer latex for loss circulation fluids, zonal isolation fluids and/or to plug voids/cracks in conduits or an opening in a cement sheath), and is coagulated and cured at the crack and/or leakage point (Reddy: paragraphs [0018] and [0019]) to form a cured product capable of withstanding a specific pressure and at a temperature of 100°C (Osorio: paragraphs [0009], [0031] and [0032] [Wingdings font/0xE0] Osorio discloses a wide variety of temperatures that the crosslinkable polymer compositions can withstand). Although silent to “wherein the cured product is capable of withstanding a pressure of not less than 5MPa,” as instantly claimed, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to provide for the specific pressure above as claimed insofar as because it has been held "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 36, Osorio discloses the method of claim 17, wherein the temperature of the hydrocarbon reservoir formation is within the range of 30-120°C; and/or, the crack has a width within the range of 20nm-2mm; the leakage point has a size within the range of 20nm-300nm (Osorio: paragraphs [0009], [0031] and [0032]; [0088] [Wingdings font/0xE0] Osorio discloses a wide variety of temperatures that the crosslinkable polymer compositions can withstand).
Allowable Subject Matter
Claim 25 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Rashid (U.S Patent 11,124,633) – discloses a water borne sealant composition comprising a latex polymer, at least one freeze thaw stabilizer and at least one peptone or at least one additive derived from a peptone (Abstract; Col 3, lines 28-53).
Hutchins et al (U.S Patent 10,472,555) – discloses methods for reducing the permeability of at least one zone in a subterranean formation including a treatment fluid comprising a solvent, a crosslinking agent, and a water-soluble polymer that is a copolymer of an acrylamide and an n-vinyl amide monomer (Abstract; Col 2, lines 19-28).
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/ASHISH K VARMA/Examiner, Art Unit 3674
/WILLIAM D HUTTON JR/Supervisory Patent Examiner, Art Unit 3674
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