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
This office action is a response to Applicant’s amendments/remarks after non-final rejection filed 4/2/2026.
As filed, claims 1, 2, and 8 are pending; claims 3-7 and 9-17 are withdrawn.
Drawings
The drawings of Figs. 1A, 3A-3C, and 6A-6I were received on 4/2/2026. These drawings are acceptable.
Response to Amendments/Remarks
Applicant’s amendments/remarks, filed 4/2/2026, with respect to claims 1, 2, and 8, have been fully considered and are entered. The status for each rejection in the previous Office Action is set out below.
The § 112(b) indefinite rejection of claim 8 is withdrawn per amendments.
The § 102(a)(1)/102(a)(2) rejection of claim 8 by Vail is withdrawn per amendments.
Election/Restrictions
Claims 1, 2, and 8 are directed to an allowable product. Pursuant to the procedures set forth in MPEP § 821.04(B), claims 3-7 and 9-17, directed to the process of making or using an allowable product, previously withdrawn from consideration as a result of a restriction requirement, are hereby rejoined and fully examined for patentability under 37 CFR 1.104.
Because all claims previously withdrawn from consideration under 37 CFR 1.142 have been rejoined, the restriction requirement as set forth in the Office action mailed on 9/10/2025 is hereby withdrawn. In view of the withdrawal of the restriction requirement as to the rejoined inventions, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claim Rejections - 35 USC § 112(b)
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 6 and 9-16 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.
Regarding claim 6, the claim recites the phrase, “the chlorinated solvent is a linker connecting the tetraphenylporphyrin monomer”. It is unclear to the Examiner how a linker connecting the tetraphenylporphyrin monomer, which is a structural feature of the compound of instant formula (1), (2), or (3), a chlorinated solvent. With such ambiguity, the metes and bounds of this claim is unclear, which rendered the claim indefinite.
Regarding claim 9, the claim is dependent of claim 1, claim 9 recites the phrase, “the adsorbent” wherein the word, “the”, requires antecedent basis, and it is unclear where applicant has defined “an” adsorbent in claim 1 or 9. Without antecedent basis, the claim is rendered indefinite.
Regarding claims 10-16, the claims are directly or indirectly dependent of claim 9, and they failed to correct the indefiniteness issue of claim 9, which rendered these claims indefinite.
Claim Objections
Claims 11 and 15 are objected to because of the following informalities:
Regarding claim 11, the claim recites the phrase, “recirculating the adsorbent from which the valuable metal is desorbed to step (a), after step (b)”.
Such expression can be clarified by reciting -- recirculating the adsorbent from which the valuable metal is desorbed, after step (b), to step (a)
Regarding claim 15, the claim recites the phrase, “wherein the valuable metal is selected from”.
Such expression can be clarified by reciting -- wherein the valuable metal element is selected from --.
Appropriate correction is required.
Allowable Subject Matter
Claims 1-5, 7, 8, and 17 are allowed.
Conclusion
Claims 6 and 9-16 are rejected.
Claims 1-5, 7, 8, and 17 are allowed.
Claims 11 and 15 are objected.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PO-CHIH CHEN whose telephone number is (571)270-7243. The examiner can normally be reached Monday - Friday 10:00 am to 6:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Brooks can be reached at (571)270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PO-CHIH CHEN/Primary Examiner, Art Unit 1621
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