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 . Claims included in prosecution are claims 1-6.
Response to Restriction Requirement
Applicant’s election without traverse of Group I, claims 1-6, in the reply filed on Aug. 22, 2025 is acknowledged.
Claims 7-28 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
1. Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US 2011/0172092, Jul. 14, 2011) (hereinafter Lee).
Lee teaches oxygenated biochar compositions (Abstract). In an elemental and proximate analysis of selected oxygenated biochar samples prepared according to the invention, Sample #4 contained 7.57% ash, 71.54% carbon, 2.08% nitrogen, and 0.106% sulphur (satisfies claims 1-4) (Table 6) (¶ [0103]). Sample 13 contained 13.60% ash, 72.68% carbon, 0.71% hydrogen, 0.53% nitrogen, 12.61% oxygen, and 0.17% sulphur (satisfies claim 1 & 4-6) (Table 6) (¶ [0103]).
Regarding claims 5-6, Sample #13 additionally contains carbon, hydrogen, nitrogen, oxygen, and sulphur in a combined amount of 86.7%, which satisfies the amounts of organic matter recited in instant claims 5-6.
The prior art anticipates the indicated claims because it discloses a compositions comprising 7.57% ash, 71.54% carbon, 2.08% nitrogen, 0.106% sulphur, and 16.59% oxygen and 13.60% ash, 72.68% carbon, 0.71% hydrogen, 0.53% nitrogen, 12.61% oxygen, and 0.17% sulphur, which are amounts that fall into the instantly recited ranges.
Conclusion
Claims 1-6 are rejected.
Claims 7-28 are withdrawn.
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Abdulrahman Abbas whose telephone number is (571)270-0878. The examiner can normally be reached M-F: 8:30 - 5:30.
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/A.A./Examiner, Art Unit 1612
/LEZAH ROBERTS/Primary Examiner, Art Unit 1612