DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of Patent 12338802. Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite the underlined components of the instant application.
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 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication 20030173085 to Vinegar in view of US Publication 20200386212 to Atisele.
As to claim 1, Vinegar 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 (Abs, Fig 114, Par 1375-1377); extracting the generated fuel from the geologic formation (1502,1502A); recovering heat from the geologic formation (Fig 275, Par 1884-1888); 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 (Par 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 and how it can be used to expand across a turbine for power 1798, 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
Talks about heat exchanger 2858 to expand a working fluid across a turbine (124; Fig 1) to power a generator for electricity.
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Vinegar to include how the heat exchanger powers a Rankine cycle to power a turbine for electricity, and for the turbine 1798 to power electricity using the teachings of Arisele so as to scavenge power from underground heat for electrical production and use elsewhere on the grid.
As to claim 2, Vinegar discloses wherein recovering the heat from the geologic formation comprises extracting one or more of: warm water or steam from the geologic formation (Par 1884-1888; water to steam turbine)(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, Vinegar discloses generating electricity from the extracted warm water or steam or from the working fluid (Arisele: 126,128).
As to claim 4, Vinegar discloses heating the target volume comprises one or more of: electromagnetic heating, thermoelectric heating, steam heating, and combustion heating (Steam: Par 1375-1377; Thermoelectric:Par 0006; Combustion Par 0010; Electromagnetic Induction Heating: Par 1123).
As to claim 5, Vinegar discloses the precursor material comprises one or more of solid organic matter, and liquid crude oil (Abs).
As to claim 6, Vinegar discloses the heat is recovered using a geothermal energy harvesting system comprising an electricity generator operably coupled to a turbine (Arisele: 126,124).
As to claim 7, Vinegar discloses the generated fuel comprises one or more of: liquid crude oil, natural gas, and hydrogen gas (Par 0002).
As to claim 8, Vinegar discloses injecting a support material into the target volume (Par 1933-1936; alt working fluid Par 1884-1888).
As to claim 10, Vinegar discloses the support material comprises a catalyst increasing the reaction rate of a chemical reaction involved in the generation of the extracted fuel (Par 0598, 1933-1936).
As to claim 11, Vinegar discloses wherein recovering heat from the geologic formation comprises recovering heat from the extracted fuel via a heat exchanger (2858)( Arisele:116).
As to claim 12, Vinegar discloses A system 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 (Abs, Fig 114, Par 1375-1377); extracting the generated fuel from the geologic formation (1502,1502A); recovering heat from the geologic formation (Fig 275, Par 1884-1888); 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 (Par 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 and how it can be used to expand across a turbine for power 1798, 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
Talks about heat exchanger 2858 to expand a working fluid across a turbine (124; Fig 1) to power a generator for electricity.
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Vinegar to include how the heat exchanger powers a Rankine cycle to power a turbine for electricity, and for the turbine 1798 to power electricity using the teachings of Arisele so as to scavenge power from underground heat for electrical production and use elsewhere on the grid.
As to claim 13, Vinegar discloses wherein recovering the heat from the geologic formation comprises extracting one or more of: warm water or steam from the geologic formation (Par 1884-1888; water to steam turbine)(Arisele: Par 0019)
As to claim 14, Vinegar discloses 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 (Arisele : 108).
As to claim 15, Vinegar discloses the geothermal energy harvesting system comprises an electricity generator operably connected to a turbine and configured for generating electricity from the extracted heat (Arisele: 126,124).
As to claim 16, Vinegar discloses the heating system comprises one or more of: an electromagnetic heating, thermoelectric heating, steam heating, and combustion heating (Steam: Par 1375-1377; Thermoelectric:Par 0006; Combustion Par 0010; Electromagnetic Induction Heating: Par 1123
As to claim 17, Vinegar discloses the precursor material comprises one or more of solid organic matter, and liquid crude oil (Abs).
As to claim 18, Vinegar discloses the generated fuel comprises one or more of: liquid crude oil, natural gas, and hydrogen gas (Par 0002).
As to claim 22, Vinegar discloses comprising a carbon dioxide separator for separating carbon dioxide from the generated fuel (Par 1375).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication 20030173085 to Vinegar as applied to Claim 1 above in view of US Patent 7980312 to Hill.
As to claim 8, Vinegar (in a narrower 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 Vinegar 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, Vinegar 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, Vinegar 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 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication 20030173085 to Vinegar as applied to Claim 1 above in view of US Patent 7866388 to Bravo.
As to claim 19, Vinegar 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 Vinegar 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, Vinegar discloses a compressor (Bravo: 232), operably connected to the fuel extractor (212), the compressor configured for compressing the extracted fuel.
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.
Claims 1-3, 5-8, 10-11, 17-20, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Randolph (US 2014/0130498 A1).
As to Claim 12, Randolph discloses a system (Figure 2 or Figure 3) for extracting fuel [26] from a geologic formation [1, 8, 9] comprising: a heating system (see [6]) configured for heating a target volume (see [2]) in the geologic formation [1, 8, 9] to generate the fuel [26] via thermal conversion of a precursor material [2] thereby also heating a part [1] of the geologic formation [1, 8, 9]; a fuel extractor (paragraph 0089: “a pump or compressor (not shown) at the surface, e.g., essentially immediately downstream of the production well 28, and upstream of the energy recovery system”) configured for extracting the generated fuel [26] from the target volume (see [2]); and a geothermal energy harvesting system [66 or 76] configured for recovering heat (in heat exchanger [62]) from the heated geologic formation [1], and for providing the recovered heat for usage in one or more of: heating the target volume, heating a different target volume [64], 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 [90] (paragraphs 0054-0057, 0072-0074, 0080, 0083, 0088-0089, 0101-0103, 0105-0108, and Figures 2-3).
As to Claim 13, Randolph discloses the system of claim 12, wherein the geothermal energy harvesting system [66 or 76] is configured for recovering the heat from the geologic formation [1, 8, 9] by extracting one or more of: warm water (paragraphs 0083 and 0086: “water-containing working fluid”) or steam from the geologic formation [1, 8, 9] (paragraphs 0061, 0083, 0086, and Figures 2-3).
As to Claim 14, Randolph discloses the system of claim 12, wherein the geothermal energy harvesting system [66 or 76] comprises a pump (paragraph 0072: “[a] pump (not shown) can optionally be included downstream of the cooling unit 22 either before the CO2 working fluid 12 enters the injection well 14 or within the injection well 14”) for pumping a working fluid [12] through subsurface heat exchange tubing [14] arranged in thermal contact with a part of the geologic formation [1, 8, 9] (paragraphs 0054, 0072, and Figures 2-3).
As to Claim 15, Randolph discloses the system of claim 12, wherein the geothermal energy harvesting system [76] comprises an electricity generator [88] operably connected to a turbine [84] and configured for generating electricity [90] from the extracted heat (see heat exchanger [62]) (paragraphs 0101, 0103, and Figure 3).
As to Claim 17, Randolph discloses the system of claim 12, wherein the precursor material [2] comprises one or more of: solid organic material, natural gas (paragraph 0054: “[t]he native fluid 2 can include a solution comprising methane (CH4) 4”), and liquid crude oil (oil/EOR field) (paragraphs 0028, 0054, 0080, and 0088).
As to Claim 18, Randolph discloses the system of claim 12, wherein the generated fuel [26] comprises one or more of: liquid crude oil (paragraph 0108: “[t]he final production fluid 108 can also include other compounds, such as oil”), natural gas [4] (see paragraph 0027), and hydrogen gas (paragraphs 0027, 0074, 0083, and 0108).
As to Claim 19, Randolph discloses the system of claim 12, further comprising a cooler [62], operably connected to the fuel extractor (paragraph 0089: “a pump or compressor (not shown) at the surface, e.g., essentially immediately downstream of the production well 28, and upstream of the energy recovery system”), the cooler [62] configured for cooling the extracted fuel [26] (paragraphs 0089, 0101-0102, 0106, and Figures 2-3; wherein the heat exchanger [62] heats the secondary working fluid [64] and thus cools the production fluid [26]).
As to Claim 20, Randolph discloses the system of claim 12, further comprising a compressor (paragraph 0089: “a…compressor can be added to the system essentially immediately upstream of the injection well 14 before reinjection the CO2 into the reservoir 1”), operably connected to the fuel extractor extractor (paragraph 0089: “a pump or compressor (not shown) at the surface, e.g., essentially immediately downstream of the production well 28, and upstream of the energy recovery system”), the compressor configured for compressing the extracted fuel [26] (paragraph 0089 and Figures 2-3).
As to Claim 22, Randolph discloses the system of claim 12, further comprising a carbon dioxide separator (paragraph 0107: “CO2 capture system”) for separating carbon dioxide (CO2) from the generated fuel [26] (paragraph 0107 and Figures 2-3; also see paragraph 0093 and CO2 capture system [58] in Figure 1).
As to Claim 1, Randolph discloses 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; 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 with the System of claim 12 above).
As to Claim 2, Randolph discloses wherein recovering the heat from the geologic formation comprises extracting one or more of: warm water or steam from the geologic formation; or wherein recovering the heat from the geologic formation comprises pumping a working fluid through subsurface heat exchange tubing arranged in thermal contact with a part of the geologic formation (as cited and rejected with the System of claim 13,14 above).
As to Claim 3, Randolph discloses generating electricity from the extracted warm water or steam or from the working fluid (as cited and rejected with the System of claim 13,14,15 above).
As to Claim 5, Randolph discloses the precursor material comprises one or more of solid organic matter, and liquid crude oil (as cited and rejected with the System of claim 17 above).
As to Claim 6, Randolph discloses the heat is recovered using a geothermal energy harvesting system comprising an electricity generator operably coupled to a turbine (as cited and rejected with the System of claim 15 above).
As to Claim 7, Randolph discloses the generated fuel comprises one or more of: liquid crude oil, natural gas, and hydrogen gas (as cited and rejected with the System of claim 18 above).
As to Claim 8, Randolph discloses the method of claim 1, further comprising: injecting a support material [12] into the target volume (see [2]) (paragraphs 0054-0055 and Figures 2-3).
As to Claim 10, Randolph discloses the method of claim 8, wherein the support material [12] comprises a catalyst (CO2) increasing the reaction rate of a chemical reaction (paragraph 0074: “[t]he CO2 working fluid 12 can cause at least a portion of the methane 4 within the reservoir 1 to come out of solution from within the native fluid 2”) involved in the generation of the extracted fuel [26] (paragraphs 0004, 0027, and 0074).
As to Claim 11, Randolph discloses the method of claim 1, wherein recovering heat from the geologic formation [1, 8, 9] comprises recovering heat from the extracted fuel [26] via a heat exchanger [62] (paragraphs 0101-0102, 0106, and Figures 2-3).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Randolph as applied to claims 1 and 12 above, and further in view of Symington et al. (US 2008/0173443 A1; hereinafter Symington).
As to Claim 16, Randolph does not disclose the heating system comprising one or more of: an electromagnetic heating system, a thermoelectric heating system, a steam heating system, and a combustion heating system. Symington, however, teaches a similar heating system, wherein the heating system comprises one or more of: an electromagnetic heating system (paragraph 0017: “electromagnetic heating of the formation”), a thermoelectric heating system, a steam heating system, and a combustion heating system (paragraph 0016: “in situ combustion of oil in an adjacent reservoir”) (paragraphs 0004, 0016, 0017, and 0020-0021). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure Randolph’s heating system to include one or more of an electromagnetic heating system and a combustion heating system because Symington teaches that these known heating systems heat geological formations to generate a production fluid. This amounts to a known technique to a known device ready for improvement to yield predictable results.
As to Claim 4, the system of claim 16 would inherently perform the method of claim 4.
Conclusion
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 on M-F 8:00-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached on 571-270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JESSE S BOGUE/Primary Examiner, Art Unit 3746