DETAILED ACTION
Status of Application
Receipt of the response to the non-final office action, the amendments to the claims and applicant arguments/remarks, filed 04/23/2026, is acknowledged.
Applicant has previously elected with traverse the invention of Group I, claims 1-3 and 8-21, drawn to a particulate powder composition comprising anhydrous salt ferrate compound and an insoluble cation exchange material.
Claims 1-21 are pending in this action. Claims 1-3, 8, 10, 15, 18 have been amended. Claims 4-7 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species and inventions, there being no allowable generic or linking claim. Claims 1-3 and 8-21 are currently under consideration.
Any rejection or objection not reiterated in this action is withdrawn. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
This application is a divisional of U.S. Patent Application No. 16/274,406, filed February 13, 2019 and now issued as U.S. Patent No. 11,241,386.
Information Disclosure Statement
The information disclosure statement, filed 02/18/2026, is acknowledged and has been considered. Please see the attached initialed PTO-1449.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3, 8-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 11,241,386.
Although the conflicting claims are not identical, they are not patentably distinct from each other because prior patents also claim: A wound sealing composition comprising a particulate powder consisting essentially of mixture of a substantially anhydrous salt ferrate compound and an effective amount of an insoluble cation exchange material, wherein at least 90% of the particles in the powder have a particle size of 77.4 microns or less. Further, the cited prior patent also teaches the use of a powder consisting of a mixture of an anhydrous salt ferrate compound and an insoluble cation exchange material, wherein 99.7% of said particles have a diameter of 157.7. micron or less. Therefore, the claimed invention is directed to the same invention or is an obvious variation of the invention claimed in said prior patent.
Response to Arguments
Applicant's arguments, filed 04/23/2026, have been fully considered and were found to be persuasive. Any rejection or objection not reiterated in this action is withdrawn. Additional examiner’s comments are set forth next.
In response to applicant’s request to hold double patenting rejection in abeyance it is noted that the filing of a terminal disclaimer cannot be held in abeyance since that filing "is necessary for further consideration of the rejection of the claims" as set forth in MPEP 804(I)(B)(1): "As filing a terminal disclaimer, or filing a showing that the claims subject to the rejection are patentably distinct from the reference application's claims, is necessary for further consideration of the rejection of the claims, such a filing should not be held in abeyance. Only objections or requirements as to form not necessary for further consideration of the claims may be held in abeyance until allowable subject matter is indicated."
Further, to expedite the prosecution, it is noted that withdrawn claims 4-7 need to be amended to be rejoined. As stated previously (see Requirement for Restriction, filed 03/10/2023), withdrawn process claims that are not commensurate in scope with allowable product claims will not be rejoined. MPEP § 821.04. Therefore, in order for rejoinder to occur, the applicant is advised that the process claims 4-7 should be amended during prosecution to require the limitations of the product claims 1-3, 8-21. Failure to do so may result in no rejoinder. Furthermore, it is noted that limitations/terms “consisting essentially”, “substantially’, “essentially”, “approximately” need to be clarified.
Conclusion
No claim is allowed at this time.
THIS ACTION IS MADE FINAL. 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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLGA V. TCHERKASSKAYA whose telephone number is (571)270-3672. The examiner can normally be reached 9 am - 6 pm, Monday - Friday.
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, Robert A. Wax can be reached on (571) 272-0623. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OLGA V. TCHERKASSKAYA/
Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615
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