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 .
Response to Arguments
Applicant’s arguments, filed on 06/03/2026, with respect to objection to the specification has been fully considered and are persuasive. The objection to the specification has been withdrawn.
Applicant’s arguments, filed on 06/03/2026, with respect to the rejection(s) of Claims 35, 37-41, 44-46, 48-50, and 52-54 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Perrota et al. (US 2011/0280788 A1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made set below.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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.
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 35, 41, 44-46, 48-50, and 52-54 are rejected under 35 U.S.C. 103 as being unpatentable over Perrota et al. (US 2011/0280788 A1)(“Perrota” herein – cited previously) and further in view of Constantz et al. (US 2010/0077922 A1) ("Constantz" herein)].
Claim 35
Perrota discloses a method for sequestering a pollutant gas comprising carbon dioxide (CO₂) gas in a subterranean reservoir, the method comprising: [0004]
introducing pollutant-sorbent particles into the subterranean reservoir;
[0018,0060-0061]
introducing the pollutant gas into the subterranean reservoir, [0018, 0061] wherein the pollutant- sorbent particles react with and sequesters the pollutant gas within the subterranean reservoir, [0018, 0061]
leaving the pollutant-sorbent particles and the pollutant gas in the subterranean reservoir, to sequester the pollutant gas on a permanent basis. [0004, 0018, 0061]
Perrota however does not explicitly disclose the pollutant -sorbent particles are CO₂-sorbent particles comprise a material selected from the group consisting of: a metal-organic framework (MOF); ethylenediamine; aluminum oxide (Al₂O₃); boron nitride (BN); calcium hydroxide (Ca(OH)₂); calcium oxide (CaO); calcium carbonate (CaCO₃); carbon including activated or porous carbon; copper oxide (CuO); gold (Au); graphene; graphene oxide; lithium orthosilicate (Li4SiO4); magnesium oxide (MgO); nickel oxide (NiO); silicon/calcium (Si/Ca); silicon dioxide (SiO₂); titanium dioxide (TiO₂); a zeolite; and zirconium oxide (ZrO₂).
Constantz teaches the above limitation (See paragraphs 0105-0106 Constantz teaches this limitation in that some embodiments provide for naturally occurring proton-removing agents including minerals that create basic environments upon addition to solution. Such minerals include, but are not limited to, lime (CaO); periclase (MgO); iron hydroxide minerals (e.g., goethite and limonite); and volcanic ash. For example, chemical agents for removing protons include, but are not limited to, hydroxides, organic bases, super bases, oxides, ammonia, and carbonates. Hydroxides include chemical species that provide hydroxide anions in solution, including, for example, sodium hydroxide (NaOH), potassium hydroxide (KOH), calcium hydroxide (Ca(OH).sub.2), or magnesium hydroxide (Mg(OH).sub.2). Oxides including, for example, calcium oxide (CaO), magnesium oxide (MgO), strontium oxide (SrO), beryllium oxide (BeO), and barium oxide (BaO) are also suitable proton-removing agents that may be used. Carbonates for use in the invention include, but are not limited to, sodium carbonate. In some embodiments, a flowable composition is placed in a subterranean geological formation. In some embodiments, the geological formation was the source of a component of a carbon dioxide sequestration process used to form part of the flowable composition.) for the purpose of carbon dioxide sequestration process. [0084]
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 Perrota, with the above limitation, as taught by Constantz, in order to sequester carbon dioxide.
Claim 36
Perrota discloses the method of claim 35. Perrota however does not explicitly disclose, wherein after introducing the pollutant-sorbent particles and introducing the pollutant gas into the subterranean reservoir, the method further comprises:
introducing further amounts of pollutant gas into the subterranean reservoir and leaving the further amounts of pollutant gas in the subterranean reservoir.
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention that if there is more carbon dioxide nor reacted additional pollutant-sorbent particles amount could be added in in order to sequester the remaining carbon dioxide.
Claim 41
Perrota discloses the method of claim 35, wherein the pollutant-sorbent particles comprise nanoparticles. [0060]
Claim 44
Perrota discloses the method of claim 35, wherein:
introducing the pollutant-sorbent particles includes pumping a carrier gas containing the pollutant-sorbent particles into the subterranean reservoir; and
introducing the pollutant gas includes pumping the pollutant gas into the subterranean reservoir. [0061]
Claim 45
Perrota discloses the method of claim 44, wherein pumping the pollutant gas into the subterranean reservoir is performed after pumping the carrier gas containing the pollutant-sorbent particles into the subterranean reservoir. [0018-0019]
Claim 46
Perrota discloses the method of claim 44, wherein pumping the pollutant gas into the subterranean reservoir is performed at the same time as pumping the carrier gas containing the pollutant-sorbent particles into the subterranean reservoir. [0061]
Claim 47 and 50
Perrota discloses the method of claim 44, wherein the carrier gas comprises air, methane, steam or mixtures thereof or water.
Perrota discloses on [0060] the iron-containing compound is provided from a waste stream, such as but not limited to, acid mine drainage sludge. In another embodiment, the iron-containing compound is provided as an industrial by-product, such as but not limited to, red mud produced from processing of aluminum-containing ores. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention that the waste / slurry could contain water, in order to co-pumping CO.sub.2 and an iron oxide- or hydroxide- or oxyhydroxide-containing slurry into the underground storage.
Claim 48
Perrota discloses the method of claim 47, wherein the carrier gas is selected to avoid reactivity with the pollutant-sorbent particles. [0061]
Claim 49
Perrota discloses the method of claim 35, wherein the pollutant gas is or includes a flue gas. [0004, 0021] .
Claim 50
Perrota discloses the method of claim 35, wherein introducing the pollutant-sorbent particles and introducing the pollutant gas includes:
introducing the pollutant gas into a carrier liquid containing the pollutant-sorbent particles to produce a pollutant-rich carrier liquid; (i.e. slurry) [018, 0061] and pumping the pollutant-rich carrier liquid into the subterranean reservoir. [0061]
Claim 52
Perrota discloses the method of claim 51, wherein the carrier liquid is selected to avoid reactivity with the pollutant-sorbent particles. [0061]
Claim 53
Perrota discloses the method of claim 50, wherein introducing the pollutant gas into a carrier liquid and pumping the pollutant-rich carrier liquid are performed simultaneously to sequester a stream of pollutant gas continuously introduced to the carrier liquid. [0061]
Claim 54
Perrota discloses the method of claim 50, wherein introducing the pollutant gas into the carrier liquid containing the pollutant-sorbent particles comprises introducing a flue gas comprising the pollutant gas into the carrier liquid containing the pollutant-sorbent particles. [0018-0020]
Claims 42 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Perrota, as applied to claim 35 an above, and further in view of Gil et al. (US 2010/0058771 A1) ("Gil" herein- cited previously)
Claim 42
Perrota disclose the method of claim 35. Perrota does not explicitly disclose, wherein the subterranean reservoir comprises a zone of a depleted steam chamber of a well that was used for a steam injection operation.
Gil teaches the above limitation (See paragraphs 0054-0055 & 0059 →
Gil teaches this limitation in that The bitumen recovered from a thermal recovery operation such as SAGD or Cyclical Steam Stimulation ("CSS") contains a large amount of water. A small fraction is connate water but most of the water is produced as condensate from the steam used to heat and mobilize the bitumen. As shown in the example of FIG. 2, a SAGD steam chamber 200 is the reservoir or source of bitumen, condensed water along with dissolved and free gases such as CH.sub.4, CO.sub.2, H.sub.2S and other trace gases. The source material is recovered from the steam chamber 200 by producer wells such as used, for example, in SAGD or CSS, or by non-thermal processes such as VAPEX or by a combination of these processes that can cause the bitumen to be mobilized and recovered. The produced source material is then sent to an underground location 201 for storage and processing or for storage, pumping to the surface and processing. Thus, the process of the present invention may be carried out on the surface, underground or portions of the process may be carried out underground. While the producer well-heads are assumed to be underground for purposes of the present illustration, the well heads may be located on the surface. One of the products of the process of the present invention is hot, dry, pressurized steam which may be returned to the underground location and finally to the reservoir 200 for ongoing steaming (SAGD or CSS) operations. Other products of the process of the present invention, such as for example, CO.sub.2, NO.sub.x and SO.sub.2, may also be captured and returned to the underground location and finally to the reservoir 200 or other geologic repository for sequestration. he FWKO unit 203 separates most of the water which is then sent to a de-oiling unit 208 for final cleaning of remaining oil residue. The oil residue from the de- oiling unit 208 is returned to the feedstock of the FWKO unit 203. Make-up water from a water well source 209, for example, is added to the de-oiled water and then fed to a tube evaporator 210 which distills the water in preparation for making steam. Some water is condensed in the tube evaporator 210 and is processed by a blowdown treatment apparatus 215 and then returned to the ground via a water disposal well 216.) for the purpose of having a carbon sequestration facility in which carbon dioxide can be controlled and sequestered in a repository such as for example a mature or depleted oil and gas reservoir, an un-mineable coal seam, a deep saline formation, a basalt formation, a shale formation, or an excavated tunnel or cavern. [0016]
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 Perrota, with the above limitation, as taught by Gill, in order to have carbon sequestration facility in which carbon dioxide can be controlled and sequestered in a repository such as for example a mature or depleted oil and gas reservoir, an un-mineable coal seam, a deep saline formation, a basalt formation, a shale formation, or an excavated tunnel or cavern.
Claim 43
Perrota disclose the method of claim 42. Perrota does not explicitly disclose, wherein introducing the pollutant-sorbent particles and introducing the pollutant gas is performed during or after a blowdown operation on the depleted steam chamber. (Same as claim 42)
Claims 55-66 are rejected under 35 U.S.C. 103 as being unpatentable over Perrota et al. (US 2011/0280788 A1)(“Perrota” herein – cited previously) and further in view of Gil et al. (US 2010/0058771 A1) ("Gil" herein- cited previously.)
Claim 55
Perrota discloses a method for sequestering a pollutant gas comprising gas in a subterranean reservoir, the method comprising: [0004]
introducing pollutant-sorbent particles into the subterranean reservoir; the sorbent particles comprising a material selected from the group consisting of: a metal-organic framework (MOF); zinc oxide (ZnO); iron oxide (Fe₂O₃); magnetite (Fe₃O₄); copper oxide (CuO); nickel oxide (NiO); calcium oxide (CaO); manganese oxide (MnO₂); and molybdenum oxide (MoO₂)[0018,0060-0061]
introducing the pollutant gas into the subterranean reservoir, [0018, 0061] wherein the pollutant- sorbent particles react with and sequesters the pollutant gas within the subterranean reservoir, [0018, 0061]
leaving the pollutant-sorbent particles and the pollutant gas in the subterranean reservoir, to sequester the pollutant gas on a permanent basis. [0004, 0018, 0061]
Perrota however does not explicitly disclose the pollutant gas as hydrogen sulfide (H2S).
Gil teaches the above limitation (See paragraphs 0054-0055 & 0059 →
Gil teaches this limitation in that The bitumen recovered from a thermal recovery operation such as SAGD or Cyclical Steam Stimulation ("CSS") contains a large amount of water. A small fraction is connate water but most of the water is produced as condensate from the steam used to heat and mobilize the bitumen. As shown in the example of FIG. 2, a SAGD steam chamber 200 is the reservoir or source of bitumen, condensed water along with dissolved and free gases such as CH.sub.4, CO.sub.2, H.sub.2S and other trace gases. The produced source material is then sent to an underground location 201 for storage and processing or for storage, pumping to the surface and processing. Thus, the process of the present invention may be carried out on the surface, underground or portions of the process may be carried out underground. While the producer well-heads are assumed to be underground for purposes of the present illustration, the well heads may be located on the surface. One of the products of the process of the present invention is hot, dry, pressurized steam which may be returned to the underground location and finally to the reservoir 200 for ongoing steaming (SAGD or CSS) operations. Other products of the process of the present invention, such as for example, CO.sub.2, NO.sub.x and SO.sub.2, may also be captured and returned to the underground location and finally to the reservoir 200 or other geologic repository for sequestration..) for the purpose of having gases and sequestered in a repository such as for example a mature or depleted oil and gas reservoir, an un-mineable coal seam, a deep saline formation, a basalt formation, a shale formation, or an excavated tunnel or cavern. [0016]
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 Perrota, with the above limitation, as taught by Gill, in order to gases sequestered in a repository such as for example a mature or depleted oil and gas reservoir, an un-mineable coal seam, a deep saline formation, a basalt formation, a shale formation, or an excavated tunnel or cavern.
Claim 56
Perrota discloses the method of claim 55. Perrota however does not explicitly disclose, wherein after introducing the pollutant-sorbent particles and introducing the pollutant gas into the subterranean reservoir, the method further comprises:
introducing further amounts of pollutant gas into the subterranean reservoir and leaving the further amounts of pollutant gas in the subterranean reservoir.
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention that if there is more carbon dioxide nor reacted additional pollutant-sorbent particles amount could be added in in order to sequester the remaining carbon dioxide.
Claim 57
Perrota discloses the method of claim 35, wherein the pollutant-sorbent particles comprise nanoparticles. [0060]
Claim 58
Perrota disclose the method of claim 55. Perrota does not explicitly disclose, wherein the subterranean reservoir comprises a zone of a depleted steam chamber of a well that was used for a steam injection operation.
Gil teaches the above limitation (See paragraphs 0054-0055 & 0059 →
Gil teaches this limitation in that The bitumen recovered from a thermal recovery operation such as SAGD or Cyclical Steam Stimulation ("CSS") contains a large amount of water. A small fraction is connate water but most of the water is produced as condensate from the steam used to heat and mobilize the bitumen. As shown in the example of FIG. 2, a SAGD steam chamber 200 is the reservoir or source of bitumen, condensed water along with dissolved and free gases such as CH.sub.4, CO.sub.2, H.sub.2S and other trace gases. The source material is recovered from the steam chamber 200 by producer wells such as used, for example, in SAGD or CSS, or by non-thermal processes such as VAPEX or by a combination of these processes that can cause the bitumen to be mobilized and recovered. The produced source material is then sent to an underground location 201 for storage and processing or for storage, pumping to the surface and processing. Thus, the process of the present invention may be carried out on the surface, underground or portions of the process may be carried out underground. While the producer well-heads are assumed to be underground for purposes of the present illustration, the well heads may be located on the surface. One of the products of the process of the present invention is hot, dry, pressurized steam which may be returned to the underground location and finally to the reservoir 200 for ongoing steaming (SAGD or CSS) operations. Other products of the process of the present invention, such as for example, CO.sub.2, NO.sub.x and SO.sub.2, may also be captured and returned to the underground location and finally to the reservoir 200 or other geologic repository for sequestration. he FWKO unit 203 separates most of the water which is then sent to a de-oiling unit 208 for final cleaning of remaining oil residue. The oil residue from the de- oiling unit 208 is returned to the feedstock of the FWKO unit 203. Make-up water from a water well source 209, for example, is added to the de-oiled water and then fed to a tube evaporator 210 which distills the water in preparation for making steam. Some water is condensed in the tube evaporator 210 and is processed by a blowdown treatment apparatus 215 and then returned to the ground via a water disposal well 216.) for the purpose of having a carbon sequestration facility in which carbon dioxide can be controlled and sequestered in a repository such as for example a mature or depleted oil and gas reservoir, an un-mineable coal seam, a deep saline formation, a basalt formation, a shale formation, or an excavated tunnel or cavern. [0016]
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 Perrota, with the above limitation, as taught by Gill, in order to have carbon sequestration facility in which carbon dioxide can be controlled and sequestered in a repository such as for example a mature or depleted oil and gas reservoir, an un-mineable coal seam, a deep saline formation, a basalt formation, a shale formation, or an excavated tunnel or cavern.
Claim 59
Perrota disclose the method of claim 58. Perrota does not explicitly disclose, wherein introducing the pollutant-sorbent particles and introducing the pollutant gas is performed during or after a blowdown operation on the depleted steam chamber. (Same as claim 42)
Claim 60
Perrota discloses the method of claim 55, wherein:
introducing the pollutant-sorbent particles includes pumping a carrier gas containing the pollutant-sorbent particles into the subterranean reservoir; and
introducing the pollutant gas includes pumping the pollutant gas into the subterranean reservoir. [0061]
Claim 61
Perrota discloses the method of claim 60, wherein pumping the pollutant gas into the subterranean reservoir is performed after pumping the carrier gas containing the pollutant-sorbent particles into the subterranean reservoir. [0018-0019]
Claim 62
Perrota discloses the method of claim 60, wherein pumping the pollutant gas into the subterranean reservoir is performed at the same time as pumping the carrier gas containing the pollutant-sorbent particles into the subterranean reservoir. [0061]
Claim 63
Perrota discloses the method of claim 55, wherein the carrier gas comprises air, methane, steam or mixtures thereof or water.
Perrota discloses on [0060] the iron-containing compound is provided from a waste stream, such as but not limited to, acid mine drainage sludge. In another embodiment, the iron-containing compound is provided as an industrial by-product, such as but not limited to, red mud produced from processing of aluminum-containing ores. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention that the waste / slurry could contain water, in order to co-pumping CO.sub.2 and an iron oxide- or hydroxide- or oxyhydroxide-containing slurry into the underground storage.
Claim 64
Perrota discloses the method of claim 35, wherein the pollutant gas is or includes a flue gas. [0004, 0021] .
Claim 65
Perrota discloses the method of claim 55, wherein introducing the pollutant-sorbent particles and introducing the pollutant gas includes:
introducing the pollutant gas into a carrier liquid containing the pollutant-sorbent particles to produce a pollutant-rich carrier liquid; (i.e. slurry) [018, 0061] and pumping the pollutant-rich carrier liquid into the subterranean reservoir. [0061]
Claim 66
Perrota discloses the method of claim 55, wherein introducing the pollutant gas into the carrier liquid containing the pollutant-sorbent particles comprises introducing a flue gas comprising the pollutant gas into the carrier liquid containing the pollutant-sorbent particles. [0018-0020]
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 SILVANA C RUNYAN whose telephone number is (571)270-5415. The examiner can normally be reached M-F 7:30-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sue Lui can be reached at 571-272-5539. 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 1616 07/23/2026
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