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 .
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wallace et al (U.S Pub 2022/0145741) (“Wallace”) in view of Okuno et al (U.S Pub 2022/0154067) (“Okuno”).
Regarding Claim 1, Wallace discloses a method for hydrocarbon recovery (paragraphs [0064] and [0067] [Wingdings font/0xE0] Wallace discloses methods of hydrocarbon recovery) from an unconventional subterranean formation having a wellbore in fluid communication therewith (Abstract; Figure 1), the method comprising:
injecting a volume of an aqueous solution through the wellbore into the unconventional subterranean formation between injections of a volume of a first gas (paragraphs [0121] and [0122] [Wingdings font/0xE0] Wallace discloses pumping stages intermittently as well as alternating stages) that are through the wellbore into the unconventional subterranean formation (Abstract; paragraphs [0007] and [0065] [Wingdings font/0xE0] Wallace discloses methods of pumping a first volume of a treatment composition comprising LPG (liquified petroleum gas) and pumping a second volume of treatment composition comprising LPG and a diverter/surfactant); and
wherein a sum of the volume of the first gas and the volume of the second gas equals to a total gas volume (Abstract; paragraphs [0124] and [0134]). Although silent to “wherein the ratio of the total gas volume (in SCF) to the volume of the aqueous solution (in BBL) is from 1,750:1 to 10,000:1,” as instantly claimed, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to provide for the ratios as claimed insofar as because it has been held "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Wallace, however, fails to expressly disclose injecting a second gas through the wellbore into the unconventional subterranean formation.
Okuno teaches the methods above of injecting a second gas through the wellbore into the unconventional subterranean formation (Abstract; paragraphs [0005] and [0008] [Wingdings font/0xE0] Okuno teaches methods of improved recovery techniques by injecting an injection fluid mixed with a carrier gas such as steam, CO2, nitrogen gas, or a hydrocarbon gas such as methane, ethane, or natural gas) for the purpose of altering the wettability of the rock formations downhole in order to enhance the recovery of hydrocarbons (Abstract; paragraphs [0005] and [0008]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Wallace to incorporate injecting a second gas through the wellbore into the unconventional subterranean formation, as taught by Okuno, because doing so would help to alter the wettability of the rock formations downhole in order to enhance the recovery of hydrocarbons.
Regarding Claim 2, Wallace discloses the method of claim 1 comprising the total gas volume (Abstract; paragraphs [0124] and [0134]). Although silent to “wherein the total gas volume is at least 100 million SCF” as instantly claimed, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to provide for the total gas volume as claimed insofar as because it has been held "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 3, Wallace discloses the method of claim 1 comprising the total gas volume (Abstract; paragraphs [0124] and [0134]). Although silent to “wherein the total gas volume is of from 100 million SCF to 750 million SCF,” as instantly claimed, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to provide for the total gas volume as claimed insofar as because it has been held "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 4, Wallace discloses the method of claim 1, wherein the first gas and the second gas are present in a ratio of the first gas to the second gas (Abstract; paragraphs [0124] and [0134]). Although silent to “wherein the first gas and the second gas are present in a ratio of the first gas to the second gas of from 0.25:1 to 1.5:1 (e.g., from 0.5:1 to 1.5:1, from 0.5:1 to 1:1, or from 1:1 to 1.5:1),” as instantly claimed, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to provide for the ratio of the first gas and second gas as claimed insofar as because it has been held "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 5, Wallace discloses the method of claim 1, wherein the volume of the aqueous solution injected is from 5% of the estimated stimulated reservoir volume (SRV) to 70% of the estimated SRV (e.g., from 10% of the estimated SRV to 70% of the estimated SRV) (Page 8, paragraphs [0111] [Wingdings font/0xE0] Wallace discloses a volume of the aqueous solution that is injected into the reservoir downhole).
Regarding Claim 6, Wallace discloses the method of claim 1, wherein the volume of the aqueous solution is injected in a volume of least 20,000 barrels (Page 8, paragraphs [0112], [0127] and [0134] [Wingdings font/0xE0] Wallace discloses wherein the volume of the aqueous solutions are injection downhole).
Regarding Claim 7, Wallace discloses the method of claim 1, wherein the volume of the aqueous solution is injected in a volume of from 20,000 barrels to 150,000 barrels (Page 8, paragraphs [0112], [0127] and [0134] [Wingdings font/0xE0] Wallace discloses wherein the volume of the aqueous solutions are injection downhole).
Regarding Claim 8, Wallace discloses the method of claim 1, wherein the aqueous solution comprises water (paragraphs [0006] and [0007]).
Regarding Claim 9, Wallace discloses the method of claim 1, wherein the aqueous solution further comprises a surfactant (paragraphs [0037] and [0064]).
Regarding Claim 10, Okuno teaches the method of claim 9, wherein the surfactant specifically comprises a non-ionic surfactant, an anionic surfactant, or any combination thereof (paragraphs [0014] and [0114]).
Regarding Claim 11, Wallace discloses the method of claim 1, wherein the aqueous solution further comprises an acid, an alkali agent, a co-solvent, a co-surfactant, a foam stabilizer, a viscosity modifying polymer, a chelating agent (e.g., EDTA or a salt thereof), a clay swelling inhibitor (e.g., KCl), a biocide, a scale inhibitor, a breaker, a corrosion inhibitor, a sulfide scavenger, or any combination thereof (paragraphs [0061], [0064], [0078] [Wingdings font/0xE0] Wallace discloses additives such as defoamers, non-emulsifiers, breakers and surfactants).
Regarding Claim 12, Okuno teaches the method of claim 1, wherein the gas comprises nitrogen, natural gas or a hydrocarbon component thereof, helium, CO2, H2S, air, or any combination thereof (Abstract; paragraphs [0005] and [0008] [Wingdings font/0xE0] Okuno teaches methods of improved recovery techniques by injecting an injection fluid mixed with a carrier gas such as steam, CO2, nitrogen gas, or a hydrocarbon gas such as methane, ethane, or natural gas).
Regarding Claim 13, Okuno teaches the method of claim 12, wherein the gas comprises methane, ethane, propane, butane, or any combination thereof (Abstract; paragraphs [0005] and [0008] [Wingdings font/0xE0] Okuno teaches methods of improved recovery techniques by injecting an injection fluid mixed with a carrier gas such as steam, CO2, nitrogen gas, or a hydrocarbon gas such as methane, ethane, or natural gas).
Regarding Claim 14, Okuno teaches the method of claim 13, wherein the gas comprises natural gas enriched with propane, butane, or any combination thereof (Abstract; paragraphs [0005] and [0008] [Wingdings font/0xE0] Okuno teaches methods of improved recovery techniques by injecting an injection fluid mixed with a carrier gas such as steam, CO2, nitrogen gas, or a hydrocarbon gas such as methane, ethane, or natural gas).
Regarding Claim 15, Wallace discloses the method of claim 1, wherein the method further comprises allowing the aqueous solution to contact a rock matrix of the unconventional subterranean formation for a period of time (Abstract; paragraph [0066]).
Regarding Claim 16, Wallace in view of Okuno teach the method of claim 1, wherein the method comprises forming an aqueous based foam in situ within the wellbore (paragraph [0014]).
Regarding Claim 17, Wallace in view of Okuno teach the method of claim 1, wherein the aqueous based foam provides for conformance control (paragraph [0014]).
Regarding Claim 18, Wallace discloses the method of claim 1, wherein the method further comprises producing fluids from the unconventional subterranean formation through the wellbore (Abstract; Figure 1; paragraphs [0006]-[0007]; [0064] and [0067] [Wingdings font/0xE0] Wallace discloses methods of hydrocarbon recovery).
Regarding Claim 19, Wallace discloses a method for hydrocarbon recovery (paragraphs [0064] and [0067] [Wingdings font/0xE0] Wallace discloses methods of hydrocarbon recovery) from an unconventional subterranean formation having a wellbore in fluid communication therewith (Abstract; Figure 1), the method comprising:
co-injecting a volume of an aqueous solution (paragraphs [0121] and [0122] [Wingdings font/0xE0] Wallace discloses pumping stages intermittently as well as alternating stages) through the wellbore into the unconventional subterranean formation (Abstract; paragraphs [0007] and [0065] [Wingdings font/0xE0] Wallace discloses methods of pumping a first volume of a treatment composition comprising LPG (liquified petroleum gas) and pumping a second volume of treatment composition comprising LPG and a diverter/surfactant); and
a ratio of the volume of the gas (in SCF) to the volume of the aqueous solution (in BBL) (Abstract; paragraphs [0124] and [0134]). Although silent to “wherein the ratio of the volume of gas (in SCF) to the volume of the aqueous solution (in BBL) is from 1,750:1 to 10,000:1,” as instantly claimed, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to provide for the ratios as claimed insofar as because it has been held "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Wallace, however, fails to expressly disclose injecting a volume of gas through the wellbore into the unconventional subterranean formation.
Okuno teaches the methods above of injecting a volume of gas through the wellbore into the unconventional subterranean formation (Abstract; paragraphs [0005] and [0008] [Wingdings font/0xE0] Okuno teaches methods of improved recovery techniques by injecting an injection fluid mixed with a carrier gas such as steam, CO2, nitrogen gas, or a hydrocarbon gas such as methane, ethane, or natural gas) for the purpose of altering the wettability of the rock formations downhole in order to enhance the recovery of hydrocarbons (Abstract; paragraphs [0005] and [0008]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Wallace to incorporate injecting a volume of gas through the wellbore into the unconventional subterranean formation, as taught by Okuno, because doing so would help to alter the wettability of the rock formations downhole in order to enhance the recovery of hydrocarbons.
Regarding Claim 20, Wallace discloses a method for hydrocarbon recovery (paragraphs [0064] and [0067] [Wingdings font/0xE0] Wallace discloses methods of hydrocarbon recovery) from an unconventional subterranean formation having a wellbore in fluid communication therewith (Abstract; Figure 1), the method comprising:
injecting a volume of a first gas through the wellbore into the unconventional subterranean formation (Abstract; paragraphs [0007] and [0065] [Wingdings font/0xE0] Wallace discloses methods of pumping a first volume of a treatment composition comprising LPG (liquified petroleum gas) and pumping a second volume of treatment composition comprising LPG and a diverter/surfactant); and
co-injecting a volume of an aqueous solution (paragraphs [0121] and [0122] [Wingdings font/0xE0] Wallace discloses pumping stages intermittently as well as alternating stages) through the wellbore into the unconventional subterranean formation (Abstract; paragraphs [0007] and [0065] [Wingdings font/0xE0] Wallace discloses methods of pumping a first volume of a treatment composition comprising LPG (liquified petroleum gas) and pumping a second volume of treatment composition comprising LPG and a diverter/surfactant);
wherein a sum of the volume of the first gas and the volume of the second gas equals to a total gas volume (Abstract; paragraphs [0124] and [0134]); and
a ratio of the volume of the gas (in SCF) to the volume of the aqueous solution (in BBL) (Abstract; paragraphs [0124] and [0134]). Although silent to “wherein the ratio of the volume of gas (in SCF) to the volume of the aqueous solution (in BBL) is from 1,750:1 to 10,000:1,” as instantly claimed, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to provide for the ratios as claimed insofar as because it has been held "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Wallace, however, fails to expressly disclose injecting a second gas through the wellbore into the unconventional subterranean formation.
Okuno teaches the methods above of injecting a second gas through the wellbore into the unconventional subterranean formation (Abstract; paragraphs [0005] and [0008] [Wingdings font/0xE0] Okuno teaches methods of improved recovery techniques by injecting an injection fluid mixed with a carrier gas such as steam, CO2, nitrogen gas, or a hydrocarbon gas such as methane, ethane, or natural gas) for the purpose of altering the wettability of the rock formations downhole in order to enhance the recovery of hydrocarbons (Abstract; paragraphs [0005] and [0008]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Wallace to incorporate injecting a second gas through the wellbore into the unconventional subterranean formation, as taught by Okuno, because doing so would help to alter the wettability of the rock formations downhole in order to enhance the recovery of hydrocarbons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Nguyen et al (U.S Patent 12,006,809) – discloses methods and compositions for enhancing flow rate and heat transfer efficiency of wellbores and/or propped fractures for geothermal operations; the methods comprise injecting an etching agent into an injection inlet (Abstract; Col 2, lines 4-27).
Thomas et al (U.S Patent 12,391,867) – discloses surfactants particularly olefin sulfonate surfactants for use in hydrocarbon recovery, wherein the olefin sulfonate surfactant is a propylene oligomer (Abstract; Col 1, lines 37-55).
Gizzatov et al (U.S Patent 11,078,405) – discloses compositions and methods for injection of a nano-surfactant based foam composition including a gaseous component and a petroleum sulfonate surfactant (Abstract; Col 2, lines 8-32).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHISH K VARMA whose telephone number is (571)272-9565. The examiner can normally be reached Monday-Friday 9:30-5:30pm, Telework Mondays and Fridays.
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/ASHISH K VARMA/Examiner, Art Unit 3674
/WILLIAM D HUTTON JR/Supervisory Patent Examiner, Art Unit 3674
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