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 .
Election/Restrictions
Claims 6-17 and 21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 29 December 2025.
Applicant's election with traverse of Group I, claims 1-5 and 18-20 in the reply filed on 29 December 2025 is acknowledged. The traversal is on the ground(s) that the ISA identified all of the claims as identifiable over Zhang, the reference used to show lack of a special technical feature. This is not found persuasive because the USPTO is not bound to the decisions made by the ISA. As no additional arguments were presented to dispute the special technical feature from the restriction the restriction has been maintained.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10 February 2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
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.
Claims 1-5 and 18-20 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.
As to Claim 1: The claim includes a Markush group for the oxygen generating component with the language “wherein the oxygen generating component is selected from the group of alkali chlorates and alkali perchlorates, alkali oxides and alkali superoxides”. It is unclear whether one component is to be picked from each of the groups or if this is intended to be one Markush group. Based on the examples in the instant specification this was considered to be on Markush group and only one oxygen generating component needs to be included.
As to Claim 3: Claim 3 recites the limitation "the lower particle size range" in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim.
As to Claim 3: Claim 3 recites the limitation "the higher particle size range" in lines 3 and 4. There is insufficient antecedent basis for this limitation in the claim.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J OYER whose telephone number is (571)270-0347. The examiner can normally be reached 9AM-6PM EST M-F.
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, Mark Eashoo can be reached at (571)272-1197. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Andrew J. Oyer/Primary Examiner, Art Unit 1767
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