DETAILED ACTION
The following Office action concerns patent application number 18/219,122. Claims 1-14 are pending in the application.
Claim Rejections - 35 USC § 101
The following is a quotation of the appropriate paragraphs of 35 U.S.C. § 101 that form the basis for the rejections under this section made in this Office action:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 8-14 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to non-statutory subject matter. The claimed “use of the preparation method” does not fall within at least one of the four categories of patent eligible subject matter.
Claim Rejections - 35 USC § 112
The following is a quotation of the appropriate paragraphs of 35 U.S.C. § 112 that form the basis for the rejections under this section made in this Office action:
(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.
Claims 8-14 are rejected under 35 U.S.C. § 112(b) because the claims include the term “use of the preparation method” which renders the claims indefinite. The claims do not set forth any steps involved in a method of using the preparation method. Therefore, it is unclear what method the applicant is intending to encompass. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced. MPEP § 2173.05(q).
Allowable Subject Matter
Claims 1-7 are allowable over the closest prior art of CN-111115610 (included in the applicant’s IDS). The reference does not teach or suggest subjecting the pulverized material to a second calcination step. The major difference between the claims and the closest prior art is the second calcination step.
Examiner’s Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to William Young whose telephone number is (571) 270-5078. The examiner can normally be reached Monday through Friday, 8:30 AM to 5 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew, can be reached at 571-272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000./WILLIAM D YOUNG/Primary Examiner, Art Unit 1761 March 9, 2026
Prosecution Insights