DETAILED ACTION
The Amendment filed 8/4/2026 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) 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.
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.
Claims 1-8,10-18,22-24 are rejected under 35 U.S.C. 103(a) as being unpatentable over US Patent 8230921 to Stine in view of US Publication 20030173085 to Vinegar and further in view of US Publication 20200386212 to Atisele.
As to claim 1, Stine discloses A method for extracting fuel from a geologic formation comprising: heating a target volume in the geologic formation (Col 2 Line 35-40, 48-58) to generate the fuel (Col 1, Line 40-53;Col 3 Line 42-53) via thermal conversion of a precursor material thereby also heating a part of the geologic formation, wherein the precursor material comprises liquid crude oil (Col 1, Line 40-53;Col 3 Line 42-53); extracting the generated fuel from the geologic formation (Col 4, Line 3-14).
Stine does not expressly disclose recovering heat from the geologic formation; and using the recovered heat for one or more of: heating the target volume, heating a different target volume, extracting the fuel, recovering the heat from the geologic formation, processing the extracted fuel, and converting the recovered heat into another form of storable energy.
Vinegar discloses how it is possible to recovering heat from the geologic formation; and using the recovered heat for one or more of: heating the target volume, heating a different target volume, extracting the fuel, recovering the heat from the geologic formation, processing the extracted fuel, and converting the recovered heat into another form of storable energy (Fig 275, Par 1497,1884-1888).
While Vinegar discloses how steam is produced in the underground reservoir for heat recovery and how it is used across a heat exchanger 2858 or steam turbine 1796 for power, it doesn’t go into much detail regarding this.
Arisele discloses how underground heat can be transferred through a heat exchanger to expand steam across a turbine or work with a heat exchanger to scavenge heat from underground (Fig 1, 116, 130).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Stine to include recovering heat from the geologic formation; and using the recovered heat for one or more of: heating the target volume, heating a different target volume, extracting the fuel, recovering the heat from the geologic formation, processing the extracted fuel, and converting the recovered heat into another form of storable energy using the teachings of Vinegar and Arisele so as to reclaim energy as useful energy after the reservoir has been depleted to increase overall power efficiency.
As to claim 2, Stine discloses recovering the heat from the geologic formation comprises extracting one or more of: warm water or steam from the geologic formation (Vinegar Par 1884-1888)(Arisele Par 0019); or wherein recovering the heat from the geologic formation comprises pumping (Arisele:114) a working fluid through subsurface heat exchange tubing arranged in thermal contact with a part of the geologic formation.
As to claim 3, Stine discloses generating electricity from the extracted warm water or steam or from the working fluid (Vinegar Par 1884-1888)(Arisele 126).
As to claim 4, Stine discloses wherein heating the target volume comprises one or more of: electromagnetic heating, thermoelectric heating, steam heating, and combustion heating (Col 2 Line 35-65).
As to claim 6, Stine discloses the heat is recovered using a geothermal energy harvesting system comprising an electricity generator operably coupled to a turbine (Vinegar Par 1884-1888)(Arisele 124,126).
As to claim 7, Stine discloses the generated fuel comprises one or more of: liquid crude oil, natural gas, and hydrogen gas (Col 1, Line 40-53;Col 3 Line 42-53; Col 4, Line 3-14).
As to claim 8, Stine discloses injecting a support material into the target volume (water and oxygenated compound Col 1, Line 40-53/ Col 2 Line 35-42, Col 4, line 15-20)(Alt, recovery fluid Vinegar Par 1884-1888).
As to claim 10, Stine discloses the support material comprises a catalyst increasing the reaction rate of a chemical reaction involved in the generation of the extracted fuel (Col 2 Line 35-42, Col 4, line 15-20).
As to claim 11, Stine discloses recovering heat from the geologic formation comprises recovering heat from the extracted fuel via a heat exchanger (Arisele: Par 0026 as remaining fuel products will move with recovery water).
As to claim 12, Stine discloses A system for extracting fuel from a geologic formation comprising: a heating system configured for heating a target volume in the geologic formation to generate the fuel via thermal conversion of a precursor material thereby also heating a part of the geologic formation, wherein the precursor material comprises crude oil; a fuel extractor configured for extracting the generated fuel from the target volume; and a geothermal energy harvesting system configured for recovering heat from the heated geologic formation, and for providing the recovered heat for usage in one or more of: heating the target volume, heating a different target volume, extracting the fuel, recovering the heat from the geologic formation, processing of the extracted fuel, and converting the recovered heat into a storable form of energy (as cited and rejected Claim 1 above).
As to claim 13, Stine discloses recovering the heat from the geologic formation comprises extracting one or more of: warm water or steam from the geologic formation (Vinegar Par 1884-1888)(Arisele Par 0019).
As to claim 14, Stine discloses the geothermal energy harvesting system comprises a pump for pumping a working fluid through subsurface heat exchange tubing arranged in thermal contact with a part of the geologic formation (Arisele 114).
As to claim 15, Stine discloses the geothermal energy harvesting system comprises an electricity generator operably connected to a turbine and configured for generating electricity from the extracted heat (Vinegar Par 1884-1888)(Arisele 124,126).
As to claim 16, Stine discloses wherein heating the target volume comprises one or more of: electromagnetic heating, thermoelectric heating, steam heating, and combustion heating (Col 2 Line 35-65).
As to claim 17, Stine discloses the precursor material comprises one or more of: solid organic material, and liquid crude oil (Col 1, Line 40-53;Col 3 Line 42-53).
As to claim 18, Stine discloses the generated fuel comprises one or more of: liquid crude oil, natural gas, and hydrogen gas (Col 1, Line 40-53;Col 3 Line 42-53; Col 4, Line 3-14).
As to claim 22, Stine discloses a carbon dioxide separator for separating carbon dioxide from the generated fuel (Col 4, Line 3-14).
As to claim 23, Stine discloses A method for extracting fuel from a geologic formation comprising: heating a target volume in the geologic formation to generate the fuel via thermal conversion of a precursor material thereby also heating a part of the geologic formation, wherein the generated fuel comprises liquid crude oil and hydrogen gas (Col 1, Line 40-53;Col 3 Line 42-53; Col 4, Line 3-14); extracting the generated fuel from the geologic formation; recovering heat from the geologic formation; and using the recovered heat for one or more of: heating the target volume, heating a different target volume, extracting the fuel, recovering the heat from the geologic formation, processing the extracted fuel, and converting the recovered heat into another form of storable energy (as cited and rejected Claim 1 above)
As to claim 5 (now depending from Claim 23), Stine discloses the precursor material comprises one or more of solid organic matter, and liquid crude oil (Col 1, Line 40-53;Col 3 Line 42-53).
As to claim 24, Stine discloses A system for extracting fuel from a geologic formation comprising: a heating system configured for heating a target volume in the geologic formation to generate the fuel via thermal conversion of a precursor material thereby also heating a part of the geologic formation, wherein the generated fuel comprises liquid crude oil and hydrogen gas (Col 1, Line 40-53;Col 3 Line 42-53; Col 4, Line 3-14); a fuel extractor configured for extracting the generated fuel from the target volume; and a geothermal energy harvesting system configured for recovering heat from the heated geologic formation, and for providing the recovered heat for usage in one or more of: heating the target volume, heating a different target volume, extracting the fuel, recovering the heat from the geologic formation, processing of the extracted fuel, and converting the recovered heat into a storable form of energy (As cited and rejected Claim 1 above).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 8230921 to Stine as applied to Claim 1 above in view of US Patent 7980312 to Hill.
As to claim 8, Stine (alternate interpretation) does not expressly disclose injecting a support material into the target volume to improve electromagnetic radiation reception or a catalyst to improve reaction rate.
Hill discloses how electromagnetic radiation can be added to existing heat methods, and how a support either catalyst or electromagnetic radiation enhancer can be injected into the system to enhance overall component recovery (Col 11, Line 39-43; Col 33, Line 63-Col 34, Line 19; Fig 17g).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Stine to a support for either improving an added electromagnetic radiation reaction or as a catalyst using the teachings of Hill to improve overall heat and reactivity of the subterranean system to more effectively produce the desired reactive constituent.
As to claim 9, Stine discloses the support material comprises a material that enhances absorption of electromagnetic radiation (Hill: (Col 11, Line 39-43; Col 33, Line 63-Col 34, Line 19; Fig 17g).
As to claim 10, Stine discloses the support material comprises a catalyst increasing the reaction rate of a chemical reaction involved in the generation of the extracted fuel (Hill: (Col 11, Line 39-43; Col 33, Line 63-Col 34, Line 19; Fig 17g).
Claims 11 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 8230921 to Stine as applied to Claim 1 above in view of US Publication 20140130498 to Randolph.
As to claim 11, Stine (in a narrower interpretation) does not expressly disclose recovering heat from the geologic formation comprises recovering heat from the extracted fuel via a heat exchanger.
Randolph discloses recovering heat from the geologic formation comprises recovering heat from the extracted fuel via a heat exchanger (62).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Stine to include recovering heat from the geologic formation comprises recovering heat from the extracted fuel via a heat exchanger using the teachings of Randolph as Stine will continue to create geothermal heat due to the ongoing combustion reaction (Col 2 Line 60-65), which can be effectively scavenged using a heat exchanger in contact with the extracted fuel increasing overall power production and efficiency.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 8230921 to Stine as applied to Claim 12 above in view of US Patent 7866388 to Bravo.
As to claim 19, Stine does not expressly disclose comprising a cooler, operably connected to the fuel extractor, the cooler configured for cooling the extracted fuel.
Bravo discloses a cooler, operably connected to the fuel extractor, the cooler configured for cooling the extracted fuel (212 to 214 to 232 to 242; Col 35, Line 22-38).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Stine to include a cooler, operably connected to the fuel extractor, the cooler configured for cooling the extracted fuel using the teachings of Bravo so as to assist in separating out the various component streams to utilize the desired Hydrogen gas stream for use.
As to claim 20, Stine discloses does not expressly disclose a compressor (Bravo: 232), operably connected to the fuel extractor (Bravo: 212), the compressor configured for compressing the extracted fuel which is taught by Bravo.
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Stine to include a compressor, operably connected to the fuel extractor, the compressor configured for compressing the extracted fuel using the teachings of Bravo so as to compress the gaseous components such as the hydrogen for easier transport and use.
Claims 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 8230921 to Stine as applied to Claim 19 above in view of US Publication 20090308083 to Brunner.
As to claim 19, while Stine discloses how the fuel comprises hydrogen and separating out and storing the hydrogen (Col 4, Line 3-14) Stine does not expressly disclose comprising a cooler, operably connected to the fuel extractor, the cooler configured for cooling the extracted fuel.
Brunner discloses a cooler to cool scavenged hydrogen to a safe temperature for stable storage for later use (Abs).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Stine to include a cooler, operably connected to the fuel extractor, the cooler configured for cooling the extracted fuel using the teachings of Brunner so as to assist in separating out the various component streams to utilize the desired Hydrogen gas stream for use at a later time and for efficient and compact storing until such time.
As to claim 20, while Stine discloses how the fuel comprises hydrogen and separating out and storing the hydrogen (Col 4, Line 3-14) Stine does not expressly disclose a compressor, operably connected to the fuel extractor, the compressor configured for compressing the extracted fuel.
Brunner discloses compressing and cooling scavenged hydrogen to a safe temperature for stable storage for later use (Abs).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Stine to include a compressor, operably connected to the fuel extractor, the compressor configured for compressing the extracted fuel using the teachings of Brunner so as to assist in separating out the various component streams to utilize the desired Hydrogen gas stream for use at a later time and for efficient and compact storing until such time.
As to claim 21, the modified Stine discloses the fuel comprises hydrogen gas (Col 4, Line 3-14), and the cooler comprises a cryogenic cooler configured for cooling the hydrogen gas below a temperature of 20 degrees Kelvin to generate liquid hydrogen, and wherein the system further comprises a cryogenic storage tank for storing the generated liquid hydrogen (Brunner:Abs).
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 JESSE SAMUEL BOGUE whose telephone number is (571)270-1406. The examiner can normally be reached M-F 8:00-5:00.
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JESSE SAMUEL. BOGUE
Examiner
Art Unit 3748
/JESSE S BOGUE/Primary Examiner, Art Unit 3746