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 .
Election/Restrictions
Applicant’s election without traverse of Group II, and species selection: type of acid: inorganic acid, type of surfactant: cationic, therefore, claims 9, 10, and 12-14 encompassed in the reply filed on 12/15/2025 is acknowledged.
Specification
The incorporation of essential material in the specification by reference to an unpublished U.S. application, foreign application or patent, or to a publication is improper. Applicant is required to amend the disclosure to include the material incorporated by reference, if the material is relied upon to overcome any objection, rejection, or other requirement imposed by the Office. The amendment must be accompanied by a statement executed by the applicant, or a practitioner representing the applicant, stating that the material being inserted is the material previously incorporated by reference and that the amendment contains no new matter. 37 CFR 1.57(g).
The attempt to incorporate subject matter into this application by reference to U.S. Application No. 18/464,455 is ineffective because it is an unpublished application. It should be replaced by U.S. Patent No. 12,325,146.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The term “higher” and “lower” in claim 14 are relative term which renders the claim indefinite. The term “higher” and “lower” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 102
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 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 9, 10, and 12-14 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Portwood (US 2015/0247393 A1) (“Portwood” herein).
(Claims contain only selected species)
Claims 9, 12, and 13
Portwood discloses a composition for stimulating an oil well, the composition comprising:
an acid selected from an inorganic acid, [0089]
a surfactant selected from a cationic surfactant, [0061, 0072-0073]
a corrosion inhibitor; [0072] and
nano-sized bubbles wherein the nano-sized bubbles comprise CO2. [0032-0035]
Since Portwood discloses the same composition comprising a HCl, surfactant, corrosion inhibitor, and CO2, it would be a composition for stimulating an oil well, an inorganic acid, a nano-sized bubble, have a density of the composition comprising the nano-sized bubbles within 0.01 g/cc of the composition without the nano-sized bubbles, and have a higher miscibility with intermediate and low carbon oils when compared to the composition without the nano-sized bubbles.
"Products of identical chemical composition cannot have mutually exclusive properties”. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant disc loses and /or claims are necessarily present. See MPEP 2112.01 (I), In re Best, 562 F2d at 1255, 195 USPQ at 433, Titanium Metals Corp v Banner, 778 F2d 775, 227 USPQ 773 (Fed Cir 1985) , In re Ludtke, 441 F2d 660, 169 USPQ 563 (CCPA 1971) and Northam Wareen Corp v DF Newfield Co, 7 F Supp 773, 22 USPQ 313 (EDNY1934).
Claim 10
Portwood discloses the composition of claim 9, wherein the acid comprises hydrochloric
acid, sulfuric acid, nitric acid, or any combination thereof. [0089]
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 9, 10, 12, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Applicant’s Admitted Prior Art (Admission herein and further in view of Portwood.
(Claims contain only selected species)
Claims 9, and 13-14
Admissions discloses a composition for stimulating an oil well, the composition comprising:
an acid selected from an inorganic acid,
a surfactant
a corrosion inhibitor; and
nano-sized bubbles wherein the nano-sized bubbles comprise CO2.
(in the Specification, see paragraphs 0003-0004 → Admissions teaches this limitation in that in acid stimulation, an acid-based fluid such as HCl would be typically injected at various concentrations to create conductive channels to enhance the flow paths for hydrocarbons. The acid simulation fluid that is used typically involves various components depending on the desired treatment. These include a corrosion inhibitor, a surfactant, one or more types of acids, and others. For instance, CO2 is an efficient solvent for removing formation damage and condensate banking around the wellbore. This is attributed to the CO2 being miscible with the condensate. The use of CO2 in the acid stimulation fluid will also increase the amount of CO2 avoided, thereby contributing to reducing the carbon footprint of the operation.)
Admissions however does not explicitly disclose the surfactant selected as a cationic surfactant.
Portwood teaches the above limitation (See paragraph 0061 → Portwood teaches this limitation in that the microemulsion may comprise a single surfactant or a combination of two or more surfactants. For example, in some embodiments, the surfactant comprises a first type of surfactant and a second type of surfactant. The term "surfactant," as used herein, is given its ordinary meaning in the art and refers to compounds having an amphiphilic structure which gives them a specific affinity for oil/water-type and water/oil-type interfaces which helps the compounds to reduce the free energy of these interfaces and to stabilize the dispersed phase of a microemulsion. The term surfactant encompasses cationic surfactants. ...generally possess a net positive charge) for the purpose of helping the compounds to reduce the free energy of these interfaces and to stabilize the dispersed phase of a microemulsion. [0061]
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Admission, with the above limitation, as taught by Portwood, in order to help the compounds to reduce the free energy of these interfaces and to stabilize the dispersed phase of a microemulsion. [0061]
Since Admissions discloses the same composition comprising a HCl, surfactant, corrosion inhibitor, and CO2, it would be a composition for stimulating an oil well, an inorganic acid, a nano-sized bubble, have a density of the composition comprising the nano-sized bubbles within 0.01 g/cc of the composition without the nano-sized bubbles, and have a higher miscibility with intermediate and low carbon oils when compared to the composition without the nano-sized bubbles.
"Products of identical chemical composition cannot have mutually exclusive properties”. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant disc loses and /or claims are necessarily present. See MPEP 2112.01 (I), In re Best, 562 F2d at 1255, 195 USPQ at 433, Titanium Metals Corp v Banner, 778 F2d 775, 227 USPQ 773 (Fed Cir 1985) , In re Ludtke, 441 F2d 660, 169 USPQ 563 (CCPA 1971) and Northam Wareen Corp v DF Newfield Co, 7 F Supp 773, 22 USPQ 313 (EDNY1934).
Claim 10
Admissions discloses the composition of claim 9, wherein the acid comprises hydrochloric acid, sulfuric acid, nitric acid, or any combination thereof. [0003]
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sanders et al. (US 2012/0055685 A1) METHODS FOR INCREASING OIL PRODUCTION teaches A method of recovering petroleum from dormant oil wells or increasing the production of oil wells is disclosed. An alkali or alkali earth carbonate is introduced into a water layer associated with a subterranean petroleum reservoir and/or an explosive composition is introduced into an oil layer associated with a subterranean petroleum reservoir. CO.sub.2 gas is produced by reacting the alkali or alkali earth carbonate with an acid and/or by detonating the explosive composition. An explosive composition can be introduced and detonated to achieve sufficient CO.sub.2 gas production to increase pressure within the subterranean petroleum reservoir. Petroleum recovery can be further enhanced through the use of recycling, Barati (US 2017/0044425 A1) STABILITY IMPROVEMENT OF CO2 FOAM FOR ENHANCED OIL RECOVERY APPLICATIONS USING POLYELECTROLYTES AND POLYELECTROLYTE COMPLEX NANOPARTICLES teaches Polyelectrolyte nanoparticles are generated to stabilize foam for use in enhanced oil recovery. Stability is further enhanced by optimizing pH and a ratio of polycationic and polyanioinic materials, resulting in stronger and longer lasting foams in the presence of crude oil. Use of these nanoparticles results in negligible damage to formation permeability, and Gerstner (US 2020/0140744 A1) STIMULATING WELLS USING CO2, WATER BLOCK REMOVING AGENTS, AND/OR BREAKERS TO IMPROVE WELL PRODUCTION teaches In an embodiment, the present disclosure relates generally to a method for well stimulation. In some embodiments, the method includes pumping a treatment fluid into a well. In some embodiments, the treatment fluid includes carbon dioxide (CO.sub.2) and a breaker, and the method further includes treating at least one of a reservoir and a wellbore of the well with the treatment fluid. In some embodiments, the breaker is a solution of stabilized chlorine dioxide (ClO.sub.2). In some embodiments, the method further includes commingling the CO.sub.2 with water and forming, as a result of the commingling, carbonic acid. In some embodiments, the method includes activating the stabilized ClO.sub.2 to form activated ClO.sub.2. In some embodiments, the activated ClO.sub.2 is formed as a result of a lowering of pH in the treatment fluid by the carbonic acid..
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SILVANA C RUNYAN whose telephone number is (571)270-5415. The examiner can normally be reached M-F 7:30-4:30.
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/SILVANA C RUNYAN/Primary Examiner, Art Unit 3674 12/31/2025