DETAILED ACTION
Claim Rejections - 35 USC § 112
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.
Claim 27 is 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.
Claim 27 is indefinite in view of the terms “rapid” (in “rapid hardening cement”) and “high” (in “high alumina cement”) which are relative terms. The terms “rapid” and “high” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Allowable Subject Matter
Claims 1-6 and 11-13 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art references, Chuang and Yang, in combination teach a coating material comprising two components, which are silane coupling agent and urethane or polyurethane, as required in the claims; and Yang does teach the silane coupling agent being 1 wt to 2 wt% of the particulate and the polyurethane being 10-30 wt% of the particulate, and thus the proportion of silane coupling agent in the coating material would overlap the claimed range of 1 to 10 wt% of silane coupling agent in the coating material. However, the silane coupling agent is applied separately from the urethane/polyurethane instead of forming a coating material comprising both components prior to the coating process. In addition, Chuang teaches coating individual particulate waste material having an average particle size of less than 10 mm while the claimed method requires a particulate waste fraction having an average particle size of at least 100 mm.
Election/Restrictions
Claims 15, 17-19, 21, 23 and 24 are directed to an invention non-elected without traverse. Accordingly, claims 15, 17-19, 21, 23 and 24 should have been cancelled.
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.
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HOA (Holly) LE
Primary Examiner
Art Unit 1788
/HOA (Holly) LE/Primary Examiner, Art Unit 1788
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