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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-2, 4-19, and 21-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1,2,6-12,15-17 and 21, the use of the term ‘unsealed’ is not supported by the specification of the instant invention. In [0037], the process is done within a rotatable barrel where said vessel continuously receives air. Then in [0046] the feed stream (1) is taught to include fresh air or that the fresh air is separately supplied to the vessel. In fig. 17, the vessel (10) appears to be within a closed system that involves a heater (12). While the specification teaches a proves involving air, it does not note that the vessel is unsealed or uncontained. Therefore, the term is considered new matter.
The following is a quotation of 35 U.S.C. 112(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.
Claims 1-2, 4-19, and 21-22 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.
Regarding claims 1-2, 4-19, and 21-22, the instant claims refer to ‘feed air’ being supplied into the unsealed vessel. It is unspecified if the feed air is only composed of atmospheric air or if “feed air” is using “air” as a general term for any gas or if it intended to encompass any gas containing air.
Furthermore, regarding claims 1,2,6-12,15-17 and 21, the use of the term ‘unsealed’ is also unclear. The claim does not specify if the vessel is unsealed in relation to the other elements of the system (i.e., if the entire system is closed and the vessel is unsealed within), or if the entire process/system is open to the atmosphere. Therefore, the metes and bounds of the term are indefinite.
Response to Arguments
Applicant’s arguments, see Pg. 5-6, filed January 16, 2026, with respect to claims 4 and 5 under 35 USC 112(b), claims 1,7-13, and 16-19 under 35 USC 102(a)(1)/(a)(2) in view of Livingston (US 10844285), and claims 4-5 and 14-15 under 35 USC 103 in view of Livingston and further in view of the EPA bench test article and Ball (US 20180319685 A1). have been fully considered and are persuasive. The rejection was overcome due to the prior art lacking the mention of supplying air in the remediation process while heating as required by claim 1. Livingston’s process relies on the absence of air to generate a proper pyrolysis reaction (Livingston [C5 L49-58]). As a result, the rejection of September 16,2025 has been withdrawn.
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 ANNETTE H PHAN whose telephone number is (703)756-4520. The examiner can normally be reached M-F 8:30-6:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at 5712703591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNETTE PHAN/Examiner, Art Unit 1736
/ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736
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