Office Action 3: Notice of Allowance (2025-01-10)

CLAIMS:
AMENDMENTS TO THE CLAIMS

This listing of claims will replace all prior versions, and listings, of claims in the application:

1\. (Presently Amended) A process, comprising:preparing a borehole extending from a surface into an underground magma reservoir;
providing a flow of a first fluid into the borehole, wherein providing the flow of the first fluid into the borehole causes a rock layer to be formed and maintained from magma around a portion of the borehole located within the magma reservoir;
lowering a casing into the borehole;
providing a second fluid into the casing, thereby causing the casing to sink into a volume of the first fluid within the borehole; and
after the casing is sunk to a target depth ithin the borehole, ceasing the flow of the first fluid into the borehole thereby causing the rock layer maintained around the portion of the borehole located within the magma reservoir to remelt such that magma contacts casing located within the magma reservoir.

2\. (Original) The process of Claim 1, wherein the casing comprises a cylindrical body with an open end and a closed end.

3\. (Presently Amended) The process of Claim 1, further comprising continuously providing the flow of the first fluid into the borehole at least until the casing is lowered to thea-target depth.

4\. (Original) The process of Claim 1, further comprising, prior to providing the second fluid into the casing, determining that the casing is moving in a downward direction at less than a threshold speed.

5\. (Presently Amended) The process of Claim 4, further comprising, prior to providing the second fluid into the casing, determining that the eatarget depth of the casing has not been reached.

6\. (Original) The process of Claim 1, further comprising providing the second fluid into the casing at a predetermined flow rate.

7\. (Presently Amended) The process of Claim 1, further comprising providing a predetermined volume of the second fluid into the casing, the predetermined volume sufficient to cause lowering of the casing to the a-target depth within the borehole.

8\. (Original) The process of Claim 1, wherein the first fluid is a drilling or cooling fluid.

9\. (Original) The process of Claim 1, further comprising providing the flow of that first fluid into the borehole at a flow rate sufficient to maintain a volume of the first fluid at or above a ceiling of the magma reservoir.

10\. (Canceled)

11\. (Canceled)

12\. (Presently Amended) The process of Claim 14,further comprising providing a flow of the second fluid or another fluid through the casing, thereby causing a new rock layer to form proximate the outer surface of the casing within the magma reservoir.

13\. (Previously Presented) A process, comprising:preparing a borehole extending downward from a surface into a magma reservoir;
providing a flow of a first fluid into the borehole to cause a rock layer to be formed and maintained from magma around a portion of the borehole located within the magma reservoir;
lowering a casing into the borehole;
providing a second fluid into the casing, thereby causing the casing to sink into a volume of the first fluid within the borehole and down to the portion of the borehole located within the magma reservoir; and.
after the casing is in the portion of the borehole located within the magma reservoir, ceasing the flow of the first fluid into the borehole thereby causing the rock layer maintained around the

portion of the borehole located within the magma reservoir to remelt such that magma contacts casing located within the magma reservoir.

14\. (Original) The process of Claim 13, wherein the casing comprises a cylindrical body with an open end and a closed end.

15\. (Original) The process of Claim 13, further comprising continuously providing the flow of the first fluid into the borehole at least until the casing is lowered to a target depth.

16\. (Original) The process of Claim 13, further comprising, prior to providing the second fluid into the casing, determining that the casing is moving in a downward direction at less than a threshold speed.

17\. (Original) The process of Claim 16, further comprising, prior to providing the second fluid into the casing, determining that a target depth of the casing has not been reached.

18\. (Original) The process of Claim 13, further comprising providing the second fluid into the casing at a predetermined flow rate.

19\. (Original) The process of Claim 13, further comprising providing a predetermined volume of the second fluid into the casing, the predetermined volume sufficient to cause lowering of the casing to a target depth within the borehole.

20\. (Original) The process of Claim 13, wherein the first fluid is a drilling or cooling fluid.

OFFICE ACTION:
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 .
Allowable Subject Matter
Applicant's AFCP request and amendments therein filed 12/13/2024 is sufficient to obviate the prior drawing objections and 112(b) rejections. A detailed Reasons for Allowance was given in the prior action, mailed 11/20/2024, respectfully not repeated again here.
Conclusion

APPLICANT REBUTTAL: REMARKS I. DISPOSITION OF THE CLAIMS Claims 1-20, of which claims 1 and 13 are independent claims, were originally filed in the present application. In a prior response, claims 1 and 13 were amended. In the present response, claims 1, 3, 5, 7, and 12 are amended to prevent any potential indefiniteness or antecedent basis issues, and claims 10 and 11 are canceled. No claims are added or withdrawn in the present response, and no new matter is entered with the present amendments. Applicant respectfully requests entry of the present amendments, and reconsideration of the present application in view of the foregoing amendments and the following remarks. II. OBJECTIONS TO THE DRAWINGS The Office Action objects to FIG. 2 of the present application for not including a designation as "Prior Art". In response, a Replacement Sheet is submitted herewith setting forth an amended FIG. 2 having the designation as "Prior Art". No new matter is added. Accordingly, it is believed that this objection has been overcome, and therefore Applicant respectfully requests withdrawal of the objection. III. REJECTIONS UNDER 35 U.S.C. § 112 The Office Action rejects claims 10-12 under 35 U.S.C. §112(b) as being indefinite for reciting elements deemed redundant with the previous amendments made to independent claim 1, from which claims 10-12 depend. In response, Applicant has canceled claims 10 and 11, and amended claim 12 to depend directly from claim 1. No new matter is added. Accordingly, it is believed that this rejection has been overcome, and therefore Applicant respectfully requests withdrawal of the rejection. IV. ALLOWABLE SUBJECT MATTER The Office Action indicates that claims 1-9 and 13-20, as previously presented, are allowable. Applicant acknowledges this finding, and respectfully asserts that the amended to allowed claim 1 is only for term consistency with other claims in the application, and therefore still recites allowable subject matter. With the cancellation of claims 10-11 and the amendment to the dependency of claim 12, it is believed that all claims in the present application are allowable. V. NO WAIVER All of Applicant's arguments and amendments are without prejudice or disclaimer. Additionally, Applicant has merely discussed example distinctions from the cited references. Other distinctions may exist, and Applicant reserves the right to discuss these additional distinctions in a later Response or on Appeal, if appropriate. By not responding to any additional statements made by the Examiner, either in the present Office Action, any prior communication from the Office, or any future communication from the Office, Applicant does not acquiesce to any such additional statements, such as, for example, any statements relating to what is or is not disclosed or suggested in any reference, what would be obvious or not obvious to a person of ordinary skill in the art, or any statements made as reasons for allowance of any claim in the present application. CONCLUSION In light of the above amendments and remarks, Applicant respectfully requests reconsideration and withdrawal of the outstanding rejections. Applicant notes that the three-month deadline for filing a response expires on February 20, 2025; thus, this response is timely and no Extension of Time is believed to be required with the present filing. In addition, this response is being filed within the shortened two-month period under M.P.E.P. 706.07(f) for responding to a Final Office Action, which expires February 1, 2024. Further, this response is being filed with a request for reconsideration under the After Final Consideration Pilot 2.0 program. Thus, Applicant respectfully requests the examiner to grant the request for AFCP 2.0. If it is determined that an Extension of Time is required, such extension is hereby requested. Although no fees are believed to be due with the present response, if any fees are found to be due, the Commissioner is authorized to charge any such fees to Carstens, Allen & Gourley, LLP, Deposit Account No. 50-0392, referencing the Attorney Docket number specified herein. Respectfully submitted, By: /James H. Ortega/ James H. Ortega Registration No. 50,554 Attorney for Applicant Date: December 13, 2024 CARSTENS, ALLEN & GOURLEY, LLP 7500 Dallas Pkwy, Suite 300 Plano, Texas 75024 (972) 367-2001 Telephone (972) 367-2002 Facsimile