DETAILED ACTION
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 with traverse of invention of Group I, furthermore, the applicant has elected species of claims 1, 2, 3, 5, and 24 in the reply filed on 02/03/2026 is acknowledged. The traversal is on the ground(s) that Group I and each of Groups II, III, IV and V while still including Claim 1 in each of those five Groups within the restriction requirement. There must be a burden on the Examiner in each situation or in none at all. Similar mischaracterizations occur in Groups III and V. An additional anomaly occurs upon comparing Groups I and III. Group III is mischaracterized by the Office as drawn to methods of treating.
This is not found persuasive because examination is not limited to search. In addition to the search, much of the examination is devoted to determining patentability of claims. Said determination requires the formulation of rejection and responding to applicant’s arguments with regard to the same. The additional search and the determination of patentability for multiple, patentability distinct species would place serious burden on the examiner. The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to because Figs 1 and 2 are the poor resolution, making difficult to correlate graph with the corresponding labels, mainly when the picture are reduced to print. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 2-3, and 5 are objected to because of the following informalities: The claims should be amended as follow: “The fluid”. Appropriate correction is required.
Applicant is advised that should claim 1be found allowable, claim 24 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 1-2, 5, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Morsy et al. (US 2021/0002991 A1) (“Morsy” herein) and further in view of Patino et al. (US 2013/0334097 A1) (“Patino” herein).
(Claims contain only selected species)
Claim 1.
Morsy discloses a fluid composition for treating a limestone subterranean hydrocarbon-containing formation, the fluid composition comprising:
Nanoparticles [0158, 0167, 0726]
an aliphatic hydrocarbon solvent; [0066-0069, 0171]
an aliphatic alcohol; [0105] and
an interfacial tension reducer. [0110-0157]
Morsy however does not explicitly disclose the nanoparticles as nanocatalyst, said nanocatalyst comprising nickel oxide nanoparticles supported on alumina nanoparticles;
wherein the alumina nanoparticle to nickel oxide nanoparticle weight to weight ratio in the catalyst is in a range of from about 99 to about 400;
wherein the particle size of the alumina nanoparticle is in a range of from about 30 to about 100 nanometers;
wherein the catalyst does not further comprise silver nanoparticles supported on the alumina nanoparticles; and
wherein the alumina nanoparticles are present in an amount of at least 99% by weight of the catalyst or the catalyst SBET surface area is from about 17 to about 70 m²/g.
Patino teaches the above limitation (See paragraphs 0052-0053, 0055-0056,& Table 1 → Patino teaches this limitation in that nickel oxide nanoparticles supported on alumina nanoparticles; wherein the alumina nanoparticle to nickel oxide nanoparticle (i.e. not silver nanoparticles) weight to weight ratio in the catalyst is in a range .. in a range of from about 99 to about 400. the alumina nanoparticles comprising the catalysts is less than about 0.1 .mu.m, the alumina nanoparticles are present in an amount of at least 99% by weight of catalyst. Support Nanoparticles and Supported Nickel Oxide on Alumina Nanoparticles Material S.sub.Bet(m.sup.2/g) AlNi (from 5% sol.) 69.9 35 (from 15% sol.) 17.9 35 ,) for the purpose of upgrading heavy oil fractions [0047]
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 Morsy, with the above limitation, as taught by Patino, in order to upgrade heavy oil fractions.
,
Claims 2-3.
Morsy discloses a fluid composition according to claim 1 further comprising a carboxylic acid buffer, wherein the carboxylic acid buffer is acetic acid. [0097]
Claim 5.
Morsy discloses a fluid composition according to claim 2 further comprising silica. [0167]
Claim 24
Morsy discloses a fluid composition for treating a limestone subterranean hydrocarbon- containing formation, the fluid composition comprising:
Nanoparticles [0158, 0167, 0726]
an aliphatic hydrocarbon solvent; [0066-0069, 0171]
an aliphatic alcohol; [0105] and
an interfacial tension reducer. [0110-0157]
Morsy discloses a fluid composition for treating a limestone subterranean hydrocarbon-containing formation, the fluid composition comprising:
Morsy however does not explicitly disclose the nanoparticles as nanocatalyst, said nanocatalyst comprising nickel oxide nanoparticles supported on alumina nanoparticles;
wherein the alumina nanoparticle to nickel oxide nanoparticle weight to weight ratio in the catalyst is in a range of from about 99 to about 400;
wherein the particle size of the alumina nanoparticle is in a range of from about 30 to about 100 nanometers;
wherein the catalyst does not further comprise silver nanoparticles supported on the alumina nanoparticles; and
wherein the alumina nanoparticles are present in an amount of at least 99% by weight of the catalyst or the catalyst SBET surface area is from about 17 to about 70 m²/g.
Patino teaches the above limitation (See paragraphs 0052-0053, 0055-0056,& Table 1 → Patino teaches this limitation in that nickel oxide nanoparticles supported on alumina nanoparticles; wherein the alumina nanoparticle to nickel oxide nanoparticle (i.e. not silver nanoparticles) weight to weight ratio in the catalyst is in a range .. in a range of from about 99 to about 400. the alumina nanoparticles comprising the catalysts is less than about 0.1 .mu.m, the alumina nanoparticles are present in an amount of at least 99% by weight of catalyst. Support Nanoparticles and Supported Nickel Oxide on Alumina Nanoparticles Material S.sub.Bet(m.sup.2/g) AlNi (from 5% sol.) 69.9 35 (from 15% sol.) 17.9 35 ,) for the purpose of upgrading heavy oil fractions [0047]
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 Morsy, with the above limitation, as taught by Patino, in order to upgrade heavy oil fractions.
Claims 1-3, 5, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Morsy et al. (US 2021/0002991 A1) (“Morsy” herein) and further in view of Patino et al. (US 2013/0334097 A1) (“Patino” herein).
(Claims contain only selected species)
Claim 1.
Morsy discloses a fluid composition for treating a limestone subterranean hydrocarbon-containing formation, the fluid composition comprising:
Nanoparticles [0158, 0167, 0726]
an aliphatic hydrocarbon solvent; [0066-0069, 0171]
an aliphatic alcohol; [0105] and
an interfacial tension reducer. [0110-0157]
Morsy however does not explicitly disclose the nanoparticles as nanocatalyst, said nanocatalyst comprising nickel oxide nanoparticles supported on alumina nanoparticles;
wherein the alumina nanoparticle to nickel oxide nanoparticle weight to weight ratio in the catalyst is in a range of from about 99 to about 400;
wherein the particle size of the alumina nanoparticle is in a range of from about 30 to about 100 nanometers;
wherein the catalyst does not further comprise silver nanoparticles supported on the alumina nanoparticles; and
wherein the alumina nanoparticles are present in an amount of at least 99% by weight of the catalyst or the catalyst SBET surface area is from about 17 to about 70 m²/g.
Patino teaches the above limitation (See paragraphs 0052-0053, 0055-0056,& Table 1 → Patino teaches this limitation in that nickel oxide nanoparticles supported on alumina nanoparticles; wherein the alumina nanoparticle to nickel oxide nanoparticle (i.e. not silver nanoparticles) weight to weight ratio in the catalyst is in a range .. in a range of from about 99 to about 400. the alumina nanoparticles comprising the catalysts is less than about 0.1 .mu.m, the alumina nanoparticles are present in an amount of at least 99% by weight of catalyst. Support Nanoparticles and Supported Nickel Oxide on Alumina Nanoparticles Material S.sub.Bet(m.sup.2/g) AlNi (from 5% sol.) 69.9 35 (from 15% sol.) 17.9 35 ,) for the purpose of upgrading heavy oil fractions [0047]
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 Morsy, with the above limitation, as taught by Patino, in order to upgrade heavy oil fractions.
,
Claims 2-3.
Morsy discloses a fluid composition according to claim 1 further comprising a carboxylic acid buffer, wherein the carboxylic acid buffer is acetic acid. [0097]
Claim 5.
Morsy discloses a fluid composition according to claim 2 further comprising silica. [0167]
Claim 24
Morsy discloses a fluid composition for treating a limestone subterranean hydrocarbon- containing formation, the fluid composition comprising:
Nanoparticles [0158, 0167, 0726]
an aliphatic hydrocarbon solvent; [0066-0069, 0171]
an aliphatic alcohol; [0105] and
an interfacial tension reducer. [0110-0157]
Morsy discloses a fluid composition for treating a limestone subterranean hydrocarbon-containing formation, the fluid composition comprising:
Morsy however does not explicitly disclose the nanoparticles as nanocatalyst, said nanocatalyst comprising nickel oxide nanoparticles supported on alumina nanoparticles;
wherein the alumina nanoparticle to nickel oxide nanoparticle weight to weight ratio in the catalyst is in a range of from about 99 to about 400;
wherein the particle size of the alumina nanoparticle is in a range of from about 30 to about 100 nanometers;
wherein the catalyst does not further comprise silver nanoparticles supported on the alumina nanoparticles; and
wherein the alumina nanoparticles are present in an amount of at least 99% by weight of the catalyst or the catalyst SBET surface area is from about 17 to about 70 m²/g.
Patino teaches the above limitation (See paragraphs 0052-0053, 0055-0056,& Table 1 → Patino teaches this limitation in that nickel oxide nanoparticles supported on alumina nanoparticles; wherein the alumina nanoparticle to nickel oxide nanoparticle (i.e. not silver nanoparticles) weight to weight ratio in the catalyst is in a range .. in a range of from about 99 to about 400. the alumina nanoparticles comprising the catalysts is less than about 0.1 .mu.m, the alumina nanoparticles are present in an amount of at least 99% by weight of catalyst. Support Nanoparticles and Supported Nickel Oxide on Alumina Nanoparticles Material S.sub.Bet(m.sup.2/g) AlNi (from 5% sol.) 69.9 35 (from 15% sol.) 17.9 35 ,) for the purpose of upgrading heavy oil fractions [0047]
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 Morsy, with the above limitation, as taught by Patino, in order to upgrade heavy oil fractions.
Claims 1-3, 5, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al. (US 2022/0363979 A1) (“Thomas” herein) and further in view of Patino et al. (US 2013/0334097 A1) (“Patino” herein).
(Claims contain only selected species)
Claim 1.
Thomas discloses a fluid composition for treating a limestone subterranean hydrocarbon-containing formation, the fluid composition comprising:
Nanoparticles [0091-0092, 0174]
an aliphatic hydrocarbon solvent; [0036, 0237-0239]
an aliphatic alcohol; [0072, 0135] and
an interfacial tension reducer. [0057, 0102-0114]
Morsy however does not explicitly disclose the nanoparticles as nanocatalyst, said nanocatalyst comprising nickel oxide nanoparticles supported on alumina nanoparticles;
wherein the alumina nanoparticle to nickel oxide nanoparticle weight to weight ratio in the catalyst is in a range of from about 99 to about 400;
wherein the particle size of the alumina nanoparticle is in a range of from about 30 to about 100 nanometers;
wherein the catalyst does not further comprise silver nanoparticles supported on the alumina nanoparticles; and
wherein the alumina nanoparticles are present in an amount of at least 99% by weight of the catalyst or the catalyst SBET surface area is from about 17 to about 70 m²/g.
Patino teaches the above limitation (See paragraphs 0052-0053, 0055-0056,& Table 1 → Patino teaches this limitation in that nickel oxide nanoparticles supported on alumina nanoparticles; wherein the alumina nanoparticle to nickel oxide nanoparticle (i.e. not silver nanoparticles) weight to weight ratio in the catalyst is in a range .. in a range of from about 99 to about 400. the alumina nanoparticles comprising the catalysts is less than about 0.1 .mu.m, the alumina nanoparticles are present in an amount of at least 99% by weight of catalyst. Support Nanoparticles and Supported Nickel Oxide on Alumina Nanoparticles Material S.sub.Bet(m.sup.2/g) AlNi (from 5% sol.) 69.9 35 (from 15% sol.) 17.9 35 ,) for the purpose of upgrading heavy oil fractions [0047]
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 Thomas, with the above limitation, as taught by Patino, in order to upgrade heavy oil fractions.
,
Claims 2-3.
Thomas discloses a fluid composition according to claim 1 further comprising a carboxylic acid buffer, wherein the carboxylic acid buffer is acetic acid. [0191]
Claim 5.
Thomas discloses a fluid composition according to claim 2 further comprising silica. [0174]
Claim 24
Thomas discloses a fluid composition for treating a limestone subterranean hydrocarbon- containing formation, the fluid composition comprising:
Nanoparticles [0091-0092, 0174]
an aliphatic hydrocarbon solvent; [0036, 0237-0239]
an aliphatic alcohol; [0072, 0135] and
an interfacial tension reducer. [0057, 0102-0114]
Thomas discloses a fluid composition for treating a limestone subterranean hydrocarbon-containing formation, the fluid composition comprising:
Thomas however does not explicitly disclose the nanoparticles as nanocatalyst, said nanocatalyst comprising nickel oxide nanoparticles supported on alumina nanoparticles;
wherein the alumina nanoparticle to nickel oxide nanoparticle weight to weight ratio in the catalyst is in a range of from about 99 to about 400;
wherein the particle size of the alumina nanoparticle is in a range of from about 30 to about 100 nanometers;
wherein the catalyst does not further comprise silver nanoparticles supported on the alumina nanoparticles; and
wherein the alumina nanoparticles are present in an amount of at least 99% by weight of the catalyst or the catalyst SBET surface area is from about 17 to about 70 m²/g.
Patino teaches the above limitation (See paragraphs 0052-0053, 0055-0056,& Table 1 → Patino teaches this limitation in that nickel oxide nanoparticles supported on alumina nanoparticles; wherein the alumina nanoparticle to nickel oxide nanoparticle (i.e. not silver nanoparticles) weight to weight ratio in the catalyst is in a range .. in a range of from about 99 to about 400. the alumina nanoparticles comprising the catalysts is less than about 0.1 .mu.m, the alumina nanoparticles are present in an amount of at least 99% by weight of catalyst. Support Nanoparticles and Supported Nickel Oxide on Alumina Nanoparticles Material S.sub.Bet(m.sup.2/g) AlNi (from 5% sol.) 69.9 35 (from 15% sol.) 17.9 35 ,) for the purpose of upgrading heavy oil fractions [0047]
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 Thomas, with the above limitation, as taught by Patino, in order to upgrade heavy oil fractions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nick (US 2012/0256134 A1) FORMULATIONS INCLUDING NANOPARTICLES teaches The present invention relates to a formulation comprising a medium, one or more stabilizers, and one or more particles comprising nanoparticles included within a host material. In certain embodiments, a stabilizer comprises a HALS stabilizer. In certain embodiments, a stabilizer comprises a UVA stabilizer. In certain embodiments, the formulation includes a HALS stabilizer and a UVA stabilizer, Javora et al. (US 2009/0082230 A1) Well Treatment Fluids Containing Nanoparticles And Methods Of Using Same teaches An aqueous-based well treatment fluid containing an additive having a median particle size less than 1 micron is suitable for use in a wide variety of well treatment applications including use as a drill-in fluid, thermal insulating fluid, spacer or fluid loss control additive. The fluid may consist of a high density brine. The additive is capable of viscosifying the water or brine. Viscosification of the water or brine may occur in the substantial absence of a polymeric viscosifying agent, and Holcomb et al. (US 2010/0096139 A1) Method For Intervention Operations In Subsurface Hydrocarbon Formations teaches Methods are provided for improved intervention processes in a well. Nanoparticles are added to a fluid containing a wetting agent to enhance wetting of solid surfaces in and around the well, leading to improved flow capacity of the well.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at 571-272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SILVANA C RUNYAN/Primary Examiner, Art Unit 3674 04/29/2026
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