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
Applicant’s election without traverse of Group III, Claims 9-15 in the reply filed on 10/1/25 is acknowledged.
Claims 1-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 10/1/25.
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 9, hence claim 10-15 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.
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: either of “forming from the batch clay a modified clay power…” or “forming the modified clay power is performed by grinding and/or crushing and/or shredding the batch clay in a rotating ball mill”.
Furthermore, claim 9 recites “acquiring a batch clay”; however, there is no other associated step involving the batch clay. The batch clay is acquired so as to be able to form the modified clay powder. So, as mentioned above, it appears that an additional step of “forming from the batch clay a modified clay power…” or “forming the modified clay power is performed by grinding and/or crushing and/or shredding the batch clay in a rotating ball mill” is required.
Claim 9 recites the limitation "the predetermined construction site" in lines 17-18. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the structure" in line 19. There is insufficient antecedent basis for this limitation in the claim. It appears that step g) should read --g) applying the spray mixture obtained in step f) to a predetermined construction site to form a structure,--.
Claim 9 recites the limitation "the predetermined construction site" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 9-15 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:
As best understood, the prior art of record fails to show or suggest, the method of claim 9 with annotated amendment in bold.
9. A method for improving the stability of a soil sample, the
method comprising steps of:
a) acquiring the soil sample,
b) acquiring a batch clay, wherein the batch clay comprises kaolinite and/or
and/or montmorillonite and/or bentonite and/or smectite and/or illite and/or
chlorite and/or vermiculite and/or talc and/or pyrophyllite,
c) forming from the batch clay a modified clay power with an average particle size of between 2 nm and 150 nm,
d) forming an aqueous suspension of the modified clay powder,
e) placing the aqueous suspension of the modified clay powder in an ultrasonic
water bath for 5-30 min to disperse the clay powder for geochemical
fractionation,
f) mixing the aqueous suspension of the modified clay powder obtained in step e)
with the soil sample in a weight ratio of the aqueous suspension of the clay
powder to the soil sample of between 1:100 wt/wt and 18:100 wt/wt, wherein the
result of step f) is a spray mixture,
g) applying the spray mixture obtained in step f) to a predetermined
construction site to form a structure,
h) allowing the structure obtained in step g) to harden for a curing time.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK L LAGMAN whose telephone number is (571)272-7043. The examiner can normally be reached Tuesday-Friday 8am-6:00pm.
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/FREDERICK L LAGMAN/Primary Examiner, Art Unit 3678