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 of claims 1-9 in the reply filed on 5/1/2026 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 (MPEP § 818.01(a)).
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Manousi, “An automatic on-line sol-gel pyridylethylthiopropyl functionalized silica-based sorbent extraction system coupled to flame atomic absorption spectrometry for lead and copper determination in beer samples”.
Regarding claim 1, and 8-9, Manousi teaches a sol-gel pyridylethylthiopropyl functionalized silica-based sorbent (Abstract, Title), which are part of particles or substrate (Abstract) and has the chemical structure of claim 9.
Regarding claims 1-7, Manousi does not expressly state the process steps recited in claims 1-7. However, these process steps are product-by-process features. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Manousi, “An automatic on-line sol-gel pyridylethylthiopropyl functionalized silica-based sorbent extraction system coupled to flame atomic absorption spectrometry for lead and copper determination in beer samples”.
Regarding claim 1, and 8-9, Manousi teaches a sol-gel pyridylethylthiopropyl functionalized silica-based sorbent (Abstract, Title), which are part of particles or substrate (Abstract) and has the chemical structure of claim 9 (Fig. 3).
Regarding claims 1-7, Manousi does not expressly state the process steps recited in claims 1-7. However, these process steps are product-by-process features. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A FIORITO whose telephone number is (571)272-9921. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Orlando can be reached at (571) 270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A FIORITO/Primary Examiner, Art Unit 1731
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