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
Newly submitted claims 31-35 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: The newly submitted claims are drawn to a product. Product claims were withdrawn in the election filed 5/2/25.
Since applicant has received an action on the merits for the originally presented invention (drawn to a method), this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 31-35 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Response to Arguments
Applicant’s arguments, see pages 14-17, filed 12/12/25, with respect to the rejection(s) of claim(s) 1-4, 6, 9, 18 and 19 under 103 as obvious over Jovanovic have been fully considered. The reference recites a method of making a nanocomposite comprising a spinel ferrite (CoFe2O4) and additional phases (goethite and hematite) but does not teach or suggest the hydroxide containing secondary phases as set forth in the instant claims. Therefore, the rejection has been withdrawn.
The 103 rejection of claim 5 as obvious over Jovanovich is moot because the claim has been canceled.
Regarding Jovanovich in view of Shirsath, applicant argues that Shirsath teaches CoDyFe2O4 (a Dy containing CoFe2O4) that is made by a fundamentally different method. Primary reference, Jovanovich, recites that the spinel can contain a rare earth but does not further limit the rare earth. Shirsath was applied as a secondary reference to recite a known rare earth, Dy, in a known spinel, CoFe2O4. However, the rejection over the primary reference, Jovanovich, has been withdrawn and Shirsath was only applied as a secondary reference to provide Dy.
Therefore, the rejection of claims 8, 20-23, 25, 27 and 28 as obvious over Jovanovich in view of Shirsath has been withdrawn.
The 103 rejection of claim 24 as obvious over Jovanovich in view of Shirsath is moot because the claim has been canceled.
The rejection of claim 26 as obvious over Jovanovich in view of Shirsath and further in view of Jias has also been withdrawn.
Allowable Subject Matter
Claims 1-4, 6-9, 18-23, and 25-30 are allowed.
The following is an examiner’s statement of reasons for allowance: The closest prior art, Jovanovich, teaches a method of making a magnetic nanocomposite but does not teach the presence of hydroxide containing secondary phases as set forth in the instant claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 LYNNE EDMONDSON whose telephone number is (571)272-2678. The examiner can normally be reached M-F 10-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.E./Examiner, Art Unit 1734
/Matthew E. Hoban/Primary Examiner, Art Unit 1734