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Claims 8-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/7/2025.
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 1-7 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. The dependent claims do not cure the deficiency.
Claim 1 recites the limitation "the clay matrix" in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the limitation will be treated as “the dry clay mineral powder”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Walter (US 5019170).
Regarding Claim 1, Walter teaches a method for producing a wood chip-clay aggregate (abstract) comprising: coating green wood chips with a dry clay mineral powder (col. 1 ln. 30-35), allowing the chips to remain encased in the clay matrix until equilibrium with ambient conditions have been substantially reached (constant with regard to biological and meteorological influences, col. 1 ln. 65-col. 2 ln. 1), and subsequently separating into individualized aggregate particles (shipped in bulk and the aggregate will not alter for months, col. 2 ln. 23-26; free aggregate, Claim 1).
Regarding Claims 2-3, Walter teaches the particle pores and cavities having moisture therein are closed, i.e. particles retain free water content (col. 2 ln. 50-53).
Regarding Claim 4, Walter teaches treatment with aluminum sulfate prior to the dry mineral clay (col. 2 ln. 50-53).
Regarding Claim 5-7, Walter teaches kaolin (i.e. a low-swelling clay, col. 3 ln. 8-16).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TABATHA L PENNY whose telephone number is (571)270-5512. The examiner can normally be reached M-F 8:00-5:00.
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/TABATHA L PENNY/Primary Examiner, Art Unit 1712