DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant's election with traverse of Group II, claims 11-15, in the reply filed on 18 June 2025 is acknowledged. The traversal is on the grounds that the full scope of the invention could be searched and examined without undue burden on the patent office. This is not found persuasive because restriction requirements for 371 national stage applications are not predicated on undue burden related to search and examination, but rather there must be a special technical feature unifying the different inventive concepts in view of the prior art. No such special technical feature was found, see the remarks starting on pg. 4 of the restriction requirement dated 22 April 2025.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
3. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
4. Claims 11-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
A. Regarding claim 11, the phrase “in particular polystyrene” renders the claim indefinite because it is unclear whether the limitations following this phrase are part of the claimed invention. See MPEP § 2173.05(d).
B. Claims 12-15 are rejected as they are dependent on rejected claim 11.
Allowable Subject Matter
5. Claims 11-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
6. The following is a statement of reasons for the indication of allowable subject matter:
Applicant’s amendment’s to the claims have overcome the prior art rejections outlined in the Office Action filed 12 August 2025. See applicant’s remarks, filed 25 November 2025, pg. 10 ¶ 2.
Conclusion
7. No claims are allowed.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN ELLIS YOUNG whose telephone number is (703)756-5397. The examiner can normally be reached M-F 0730 - 1700.
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, Heather Calamita can be reached at (571) 272-2876. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN ELLIS YOUNG/Examiner, Art Unit 1684
/JULIET C SWITZER/Primary Examiner, Art Unit 1682
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