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
Applicant’s response and affidavit filed February 9, 2026 is acknowledged. Claims 18-19 are amended and claims 15-17 and 20 are canceled. Claims 1-14 and 18-19 are pending and further considered on the merits.
Response to Amendment
In light of applicant’s amendment, the examiner maintains the grounds of rejection set forth in the office action filed October 9, 2025.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-14 and 18-19 is/are rejected under 35 U.S.C. 102(a1/a2) as being anticipated by Cwiertny et al., PCT/US2017/034663. For the purposes of examination, the examiner is relying on the national stage entry of PCT/US2017/034663, hereinafter referred to as Cwiertny et al., US 2020/0317903 (Cwiertny).
Regarding claims 1-2 and 7-8, Cwiertny discloses a method for removing a metal contaminant from a water sample (abstract, fig. 2, ¶ 0034-0037, 0137) comprising:
Contacting a water sample what comprises a metal contaminant such as uranium, lead, or copper (¶ 0037, 0087-0088) with a sorbent (see “composite”, abstract), that comprises a carboxylic acid (see “phthalic acid”, ¶ 0095), under conditions where the metal contaminant is removed from the water sample.
Regarding claims 3-6, Cwiertny discloses a method where the sorbent comprises a non-woven nanofiber mat comprising iron-oxide (abstract, ¶ 0035, 0091).
Regarding claims 9-12, 14, and 18, Cwiertny is relied upon in the rejection of claims 1-8 set forth above, where the filtration device (¶ 0027-0029) comprises polymeric nanofibers (abstract, ¶ 0016-0017), iron oxide nanoparticles (¶ 0018, 0091), and a carboxylic acid (see “phthalic acid”, ¶ 0095).
Regarding claim 13, Cwiertny discloses a filtration system wherein the non-woven nanofiber sorbent comprises an organic polymer (abstract, ¶ 0089).
Regarding claim 19, Cwiertny is relied upon in the rejection of claims 1-14 and 18 set forth above.
Response to Arguments
Applicant's arguments and affidavit filed February 9, 2026 have been fully considered but they are not persuasive.
Applicant’s argument regarding the removal of phthalic acid as a porogen is not found persuasive. While the prior art discloses phthalic acid as a non-preferred porogen, it is nonetheless disclosed as an embodiment within the content of the disclosure. Since the embodiment incorporating phthalic acid is not disclosed as unworkable or unsuitable for the composites in the prior art, the examiner does not consider it to teach away from those embodiments described. Additionally, while the prior art describes phthalic acid porogens requiring a higher temperature for removal, the prior art does not disclose complete removal of the porogen or conditions for the complete removal of the porogen.
In response to applicant’s argument that the prior art does not disclose a method where the composite contacts a water sample having a metal contaminant, the examiner directs applicant’s attention to the rejections set forth above. Cwiertny discloses “contacting a liquid comprising at least one contaminant; wherein said contaminant is a material selected from the group consisting of heavy metals” (¶ 0034-0037).
In response to applicant’s argument that the prior art does not disclose a point-of-use filtration device, the examiner directs applicant’s attention to the rejections set forth above. Cwiertny discloses a non-woven mat comprising each element described in claim 18, where it follows that if the components after the preamble are described in the prior art, the preamble itself is anticipated. In this case, the preamble discloses a point-of-use filtration device without further specifying the metes and bounds of the filtration device. Since the prior art discloses the elements following the preamble, the examiner maintains those elements anticipate the claim.
Applicant’s affidavit has been considered but is not found persuasive. While the purpose of a porogen and its subsequent removal is noted, the examiner maintains that Cwiertny does not disclose complete removal of the porogen nor the conditions for such removal to occur. The examiner notes the open-ended nature of the claims where the sorbent “comprises a carboxylic acid”. Since the claim does not disclose a concentration or final amount within the sorbent, the examiner considers any amount of residual phthalic acid to anticipate the claims.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIRK R BASS whose telephone number is (571) 270-7370. The examiner can normally be reached 8-4:30 EST Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby Ramdhanie can be reached at (571) 270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DIRK R. BASS
Primary Examiner
Art Unit 1779
/DIRK R BASS/Primary Examiner, Art Unit 1779
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