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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
Applicants amendments render moot the prior art rejection of record.
There is no prior art for the full scope of instant claim 1 (only independent claim), and therefore, the Election of Species Requirement of 2 April 2025, is withdrawn.
All claims have been examined on the merits.
Current Status of 17/776,428
This Office Action is responsive to the amended claims of 4 December 2025.
Claims 1, 3-19, and 21 have been examined on the merits. Claims 1, 4-7, 9-15, and 21 are currently amended. Claims 8 and 18-19 are original. Claims 3 and 16-17 are previously presented.
Priority
The effective filing date is 17 September 2021.
Response to Arguments
The Examiner acknowledges receipt of and has reviewed Applicants’ claim amendments and Reply of 4 December 2025.
Applicants’ amendments to the claims render moot the indefiniteness rejections made within paragraphs 12-16 of the previous Office Action.
Applicants’ amendments to claim 21 revising that claim so it depends on/refers back to claim 1 renders moot the anticipatory prior art rejection and the obviousness rejection of record (see paragraphs 17-21 and 22-26 of the previous Office Action).
Response to Amendment
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 14-15 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Dependent claim 14 drawn to “pH adjusting agent component of sodium hydroxide” does not properly further limit claim 5 (recall claim 14 depends on claim 9 and claim 9 depends on claim 5). Applicants struck “sodium hydroxide” in claim 5. Therefore, claim 14 is rejected under 35 USC 112(d).
Dependent claim 15, drawn to “sodium bicarbonate” and “hydrochloric acid”, improperly further limits claim 5 for the same rationale as above (Applicants struck these two limitations within the claim 5). Thus, claim 15 is rejected under 35 USC 112(d).
These rejections are properly made FINAL due to Applicants’ claim amendments.
Applicants are asked to carefully re-review their claims as amended to make sure there are no 35 USC 112 issues in the After Final submission. Dependent claims should further limit (emphasis) the claims upon which they depend and should not lack antecedent basis to their parent claim(s). All amendments must have written description support in the original disclosure.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Conclusion
Claims 14-15 are not presently allowable as written.
The claims 1, 3-13, 16-19, and 21 are presently allowable as written for the rationale stated within paragraphs 28-29 of the Non-Final Office Action mailed 5 September 2025.
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 JOHN S KENYON whose telephone number is (571)270-1567. The examiner can normally be reached Monday-Friday 10a-6p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew D Kosar can be reached at (571) 272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN S KENYON/Primary Patent Examiner, Art Unit 1625