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 .
Applicant’s Response
In the response date 04/09/2026, the Applicant amended claims 1, 3 and 4, and argued against the rejections in the Non-Final Rejection dated 01/12/2026.
In light of the claim amendments dated 04/09/2026, the examiner withdraws the previous claim objections set forth in the Non-Final office action dated 01/12/2026.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Patil et al (U.S Pub 2019/0309217) (“Patil”) in view of Yoshikawa et al (U.S Pub 2017/0335653) (“Yoshikawa”).
Regarding Claim 1, Patil discloses a method for fracturing (Abstract; paragraphs [0001] and [0025]) a rock multi-directionally, the method comprising:
forming a borehole #104 in a rock (Figure 1; [0057]);
introducing a first fluid to the borehole (Abstract; [0028]; Page 7, paragraph [0058] [Wingdings font/0xE0] Patil discloses introducing a first treatment fluid into a wellbore); and
introducing a second fluid to the borehole (Page 5, paragraph [0028] [Wingdings font/0xE0] Patil discloses wherein a second treatment fluid is introduced).
Patil, however, fails to expressly disclose introducing and pressurizing a second fluid to the borehole to generate fractured portions around the borehole in a direction perpendicular to the borehole, and allowing the first fluid to close the fractured portions and continuously introducing and pressurizing the second fluid to the borehole even after the fractured portions are generated, and generating a fractured portion in a direction different from the fractured portion of the rock.
Yoshikawa teaches the methods of introducing and pressurizing a fracturing fluid (paragraph [0002]) to the borehole to generate fractured portions around the borehole in a direction perpendicular to the borehole (paragraphs [0018] and [0042]) and allowing the first fluid to close the fractured portions (Page 2, paragraph [0044] and [0045] [Wingdings font/0xE0] Yoshikawa teaches introducing diverting agents that are used to close cracks in the fractured portions downhole); and continuously introducing and pressurizing the second fluid to the borehole even after the fractured portions are generated, and generating a fractured portion in a direction different from the fractured portion of the rock (Abstract; [0005]; Page 2, paragraph [0034] [Wingdings font/0xE0] Yoshikawa teaches introducing and pressurizing a fracturing fluid with pressure in an ore chute passageway in which the cracks are newly formed and/or cracks grow further in multiple areas downhole) for the purpose of effectively pressurizing a fluid (i.e., fracturing fluid) filled in an ore chute downhole in order to form cracks and/or to further grow the cracks downhole (Abstract; paragraph [0018]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Patil of introducing and pressurizing a second treatment fluid to a borehole to generate fractured portions around the borehole in a direction perpendicular to the borehole, as taught by Yoshikawa, because doing so would help to effectively pressurize the fracturing fluid filled in an ore chute downhole to form cracks and/or further grow the cracks downhole.
Regarding Claim 2, Patil discloses the method for fracturing a rock multi-directionally according to claim 1, wherein the first fluid is a functional fluid (Abstract; Page 2, paragraphs [0014] and [0015] [Wingdings font/0xE0] Patil discloses wherein the first treatment fluid can be drilling fluids, spacer fluids, lost circulation fluids, fracturing fluids, diverting fluids and/or completion fluids).
Regarding Claim 3, Patil in view of Yoshikawa teach the method for fracturing a rock multi-directionally according to claim 1, wherein continuously introducing and pressurizing the second fluid to the borehole is repeated (Yoshikawa: paragraphs [0048] and [0087] [Wingdings font/0xE0] Yoshikawa teaches wherein the fluids are introduced again with pressure to form a further increased number of cracks).
Regarding Claim 4, Patil discloses a device for fracturing a rock (Abstract; paragraphs [0001] and [0025]) multi-directionally, the device comprising:
a fluid introduction pressurization unit configured to introduce and pressurize a first fluid (Abstract; [0028]; Page 7, paragraph [0058] [Wingdings font/0xE0] Patil discloses introducing a first treatment fluid into a wellbore) and a second fluid into the borehole (Page 5, paragraph [0028] [Wingdings font/0xE0] Patil discloses wherein a second treatment fluid is introduced).
Patil, however, fails to expressly disclose:
a drilling unit configured to drill a borehole in the rock and a control unit for the fluid introduction pressurization unit configured to continuously operate the fluid introduction pressurization unit even after fractured portions are generated around the borehole of the rock in a direction perpendicular to the borehole by the fluid introduction pressurization unit and perform control to repeat fracturing around the borehole of the rock.
Yoshikawa teaches the methods of incorporating a drilling unit configured to drill a borehole in the rock (Abstract; Page 3, paragraphs [0042] and [0043]) and a control unit for the fluid introduction pressurization unit configured to continuously operate the fluid introduction pressurization unit even after fractured portions are generated around the borehole of the rock in a direction perpendicular to the borehole (Abstract; [0005]; Page 2, paragraph [0034] [Wingdings font/0xE0] Yoshikawa teaches introducing and pressurizing a fracturing fluid with pressure in an ore chute passageway in which the cracks are newly formed and/or cracks grow further in multiple areas downhole) by the fluid introduction pressurization unit and perform control to repeat fracturing around the borehole of the rock (paragraphs [0048] and [0087] [Wingdings font/0xE0] Yoshikawa teaches wherein the fluids are introduced again with pressure to form a further increased number of cracks) for the purpose of effectively pressurizing a fluid (i.e., fracturing fluid) filled in an ore chute downhole in order to form cracks and/or to further grow the cracks downhole (Abstract; paragraph [0018]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Patil of incorporating a drilling unit and introducing and pressurizing a first and second treatment fluid to a borehole to generate fractured portions around the borehole in a specific direction, as taught by Yoshikawa, because doing so would help to effectively pressurize the fracturing fluid filled in an ore chute downhole to form cracks and/or further grow the cracks downhole.
Regarding Claim 5, Patil discloses the device for fracturing a rock multi-directionally according to claim 4, wherein the first fluid is a functional fluid (Abstract; Page 2, paragraphs [0014] and [0015] [Wingdings font/0xE0] Patil discloses wherein the first treatment fluid can be drilling fluids, spacer fluids, lost circulation fluids, fracturing fluids, diverting fluids and/or completion fluids).
Response to Arguments
Applicant’s arguments filed 04/09/2025 have been fully considered but are not persuasive.
The Applicant argues wherein the combination of references Patil and Yoshikawa fail to disclose and/or teach “methods for fracturing a rock by introducing and pressurizing a second fluid to the borehole to generate fractured portions around the borehole in a direction perpendicular to the borehole,” as recited on pages 4-5 of the Applicant’s arguments/remarks dated 04/09/2026.
Upon further consideration of the Applicant’s arguments/remarks above, the examiner finds the arguments unpersuasive. Reference Patil discloses methods for fracturing (Abstract; paragraphs [0001] and [0025]) a rock multi-directionally by introducing a first fluid to the borehole (Abstract; [0028]; Page 7, paragraph [0058] [Wingdings font/0xE0] Patil discloses introducing a first treatment fluid into a wellbore) and a second fluid to the borehole (Page 5, paragraph [0028] [Wingdings font/0xE0] Patil discloses wherein a second treatment fluid is introduced). The examiner brings in secondary reference Yoshikawa to teach the methods of introducing and pressurizing a fracturing fluid (paragraph [0002]) to the borehole to generate fractured portions around the borehole in a direction perpendicular to the borehole (paragraphs [0018] and [0042]) and allowing the first fluid to close the fractured portions (Page 2, paragraph [0044] and [0045]). Reference Yoshikawa teaches introducing and pressurizing a fracturing fluid with pressure in an ore chute passageway in which the cracks are newly formed and/or cracks grow further in multiple areas downhole and also in various directions as illustrated in Figures 1A and 1B. Although reference Yoshikawa does not expressly illustrate wherein the fractured portions around the borehole are in a direction perpendicular to the borehole, it would have been obvious to one of ordinary skill in the art at the time of the invention to introduce and pressurize a fluid to a borehole downhole in order to generate fractured portions around the borehole in a direction perpendicular to the borehole, as instantly recited by the Applicant for Independent claims 1 and 5.
In light of the arguments presented above, the rejection stands as previously set forth.
Conclusion
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 ASHISH K VARMA whose telephone number is (571)272-9565. The examiner can normally be reached Monday-Friday 9:30-5:30pm, Telework Mondays and Fridays.
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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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