DETAILED ACTION
This communication responds to the application filed March 24, 2023, and the Response to Restriction Requirement and amended claim set filed December 15, 2025. Claims 1-15 are currently pending. Claims 1-6 and 15 are under examination.
Non-elected claims 7-14 are WITHDRAWN.
Claims 1-6 and 15 are REJECTED under 35 USC 112, but otherwise contain allowable subject matter.
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
Applicant’s election of Group I, claims 1-6 and 15, in the reply filed on December 15, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse. (See MPEP § 818.01(a)).
Claim Interpretation
Claim 15 claims the chelating resins of claim 1, with the additional limitation that “the resin is added to a reaction for the preparation and purification of silicon.” The examiner interprets this limitation as merely descriptive, a “use” of the claimed chelating resins. The limitation does not further define the claimed chelating resins and is not accorded patentable weight.
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.
Claims 1-6 and 15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 1, the limitation “the polystyrene copolymer skeleton” in line 4 lacks sufficient antecedent basis. In addition, it is not clear what a “C1s alkyl” is in the definition of R3.
Claims 2-6 and 15 depend from claim 1 and do not correct the deficiencies of claim 1. Thus, they are indefinite for the reasons claim 1 is indefinite.
Allowable Subject Matter
Claims 1-6 and 15 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1-6 and 15 contain allowable subject matter in view of the closest prior art reference, Klipper et al. (US 8,440,730). Klipper teaches a chelating resin comprising a copolymer skeleton comprising styrene and the following functional group:
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(See Ex. 1; col. 5, lines 13-35.)
However, Klipper does not teach or fairly suggest the claimed chelating resins. In particular, Klipper does not teach or fairly suggest a chelating resin in which the groups corresponding to R1 and R2 are -CH2-PO(OR3)R4. Rather, the functional group of Klipper has an -OH group in place of R4 of the present claims, and Klipper provides no teaching or suggestion that its functional group may include any group other than a hydroxyl group. Further, after a thorough and complete search, the examiner cannot find prior art teaching or fairly suggesting a chelating resin comprising functional groups with the structure of the recited structural element (I).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE S BRANCH whose telephone number is (571)270-3539. The examiner can normally be reached Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CATHERINE S. BRANCH
Primary Examiner
Art Unit 1763
/CATHERINE S BRANCH/Primary Examiner, Art Unit 1763