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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/13/2026 has been entered.
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.
Claim 4 is 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.
In regard to claim 4, the limitation "8%" in line 3 and the limitation “20%” in line 5 are indefinite because the percentage value lacks specified units or a clear basis of calculation. It is unclear whether the percentage is a percentage by weight, a percentage by volume, or an elemental weight ratio. A person of skill in the art cannot determine the quantitative boundaries of the claimed composition without these units.
Indication of Allowable Subject Matter
Claims 1-2 and 6-9 are allowable. Claim 4 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record - Christensen (US Patent Publication No. 2010/0133368 A1) - discloses a composition comprising: a mineral matrix, chosen from the drilling gravel (e.g. a drill cuttings granulate) [para. 0060] and an organic matrix consisting of algal biomass produced by cultivating cyanobacteria, microalgae or macroalgae in culture media based on drilling gravel (e.g. growth of algae on the granulates, wherein algae is an organism including microalgae and macroalgae) [0060].
Zaseybida (CA2874890 – cite no 1 in 03/02/2023 IDS) describes an agricultural composition comprising basalt/glacial gravel dust, sea minerals and humic substances comprising minerals and organic carbon for soil and plant health as well as the nutrients and benefits of microalgae [pgs. 14; 16].
However, the prior art references do not teach or render obvious all the cumulative limitations of independent claim 1 with particular attention to a mineral matrix comprising drilling gravel and wherein the claimed fertilizer is a solid product that is soluble in water. The composition disclosed by the Christensen reference is described as undergoing a process of hardening on the seabed and is not considered soluble in water.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer A Smith whose telephone number is (571)270-3599. The examiner can normally be reached Monday - Friday 9:30am-6pm EST.
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/JENNIFER A SMITH/Primary Patent Examiner, Art Unit 1731 August 25, 2026
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