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 .
DETAILED ACTION
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/13/2026 has been entered. Claims 1-6, 9 and 29-30 are currently under examination on the merits.
Any rejections and/or objections made in the previous office action and not repeated below are hereby withdrawn.
Claim Objections
Claim 1 is objected because “the fire-retarding solution being selected...” should reading “the solids of the aqueous fire-retarding solution being selected... ”. Appropriate correction is required.
Claim 1 is objected because “the nanoporous material” should read “the deconstructed nanoporous material”. Appropriate correction is required.
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 1-6, 9 and 29-30 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 pre-AIA the applicant regards as the invention.
Claim 1 is rejected as being vague and indefinite when this claim recites "a temperature associated with a boiling point of the silylating agent” because it is not clear how this temperature associated with the boiling point of the silylating agent, it could be lower, equal to or higher than the boiling point of the silylating agent. Claims 2-6, 9 and 29-30 are also rejected for depending from claim 1 thus inclusion of its indefinite features.
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 2-6 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. The non-intumescent coating as recited in base claim 1 comprising solids of an aqueous fire-retarding solution. The limitation “adding ...and the solids resulting from evaporation of liquid from a fire retarding solution” in claims 2-5 fails to further limit the solids of an aqueous fire-retarding solution as recited in the base claim. In addition. The solids of an aqueous fire-retarding solution also read upon frozen solutions which include both solute (fire-retarding agent in this case) and solvent (water in this case). 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.
Allowable Subject Matter
Claims 1-6, 9 and 29-30 would be allowable if rewritten to overcome 112 rejections as set forth above. The reason for the allowance is that the prior art of record does not specifically disclose, teach or fairly suggest a process as recited in the present claim 1, comprising a step of removing a silylating agent from the deconstructed nanoporous material by heating the deconstructed nanoporous material to a temperature equals a boiling point of the silylating agent, without sintering the deconstructed nanoporous material, to render the deconstructed nanoporous material hydrophilic, prior to adding the deconstructed nanoporous material and the solids of an aqueous fire-retarding solution to a polymeric resin.
Response to Arguments
Applicant's arguments filed on 02/16/2026 have been fully considered but they are moot in view of the new grounds of rejection as set forth above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUIYUN ZHANG whose telephone number is (571)270-7934. The examiner can normally be reached on 8:00-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arron Austin can be reached on 571-272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUIYUN ZHANG/Primary Examiner, Art Unit 1782
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