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 1 and 3 are objected to because of the following informalities:
The following claims are amended to more clearly recite the positive steps disclosed:
(Currently Amended) A method for fracturing a rock multi-directionally, the method comprising:
(Currently Amended) 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 a plurality of times.
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 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:
a borehole formation step of forming a borehole #104 in a rock (Figure 1; [0057]);
a first fluid introduction step of 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 a fractured portion around the borehole, and allowing the first fluid to close the fractured portion and introducing and pressurizing the second fluid to the borehole even after the fractured portion is 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 a fractured portion around the borehole (paragraphs [0018] and [0042]) and allowing the first fluid to close the fractured portion (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 introducing and pressurizing the second fluid to the borehole even after the fractured portion is 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 a fractured portion around 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 the pressurization fracturing step is repeated a plurality of times (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 a fractured portion is generated around the borehole of the rock 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 a fractured portion is generated around the borehole 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) 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 a fractured portion around 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 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Furo et al (U.S Pub 2022/0119697) – discloses diverting agents that release fillings due to bio-degradability and contain particles having large specific particle size diameter and concentration ranges (Abstract; Page 2, paragraphs [0038] and [0039]).
Yoshikawa et al (U.S Pub 2018/0010037) – discloses methods of extracting underground resources by mixing hydrolysable particles and a proppant to a dispersion fluid and introducing into an ore chute formed under the ground (Abstract; Page 2, paragraphs [0017] and [0023]).
Yoshikawa et al (U.S Pub 2017/0253703) – discloses a powder comprising hydrolyzable resin particles used as an additive for drilling in order to enhance the drilling properties of a drilling fluid and to improve retentivity of a fracture extending from a winze (Abstract; Page 2, paragraphs [0020] and [0033]).
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/ASHISH K VARMA/Examiner, Art Unit 3674
/WILLIAM D HUTTON JR/Supervisory Patent Examiner, Art Unit 3674