DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
2. Each of claims 1, 3 and 5, recites “A reagent set for treating a contaminated material to reduce contaminant leachability, comprising a mixture of: an acid selected from….; and an oxidant selected from…”. When interpreting in view of specification ([0041]), which discloses “Nitric acid is especially preferred because of the acidity it provides to the treatment process reactions as well as its ability to act as the oxidant in the reagent set.”, the examiner interprets that the acid and the oxidant can be one material that could meet both limitation, such as nitric acid.
Claim Rejections - 35 USC § 103
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
4. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
5. Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Soane et al. (US 20140014586) (Soane).
6. Regarding claims 1-2, Soane teaches a system for removing an oxidizable target contaminant from a fluid (i.e. contaminated material) with reagents that include an oxidizing agent to oxidize the contaminant as an insoluble precipitate in the fluid with a substrate (Soane, Abstract)
wherein the substrate that can comprise of anchor particles (Soane, [0013]) forming a removable complex (Soane, Abstract) with contaminating metals (Soane, [0048]).
Soane further teaches the contaminating metals may be complexed, immobilized, precipitated, or otherwise removed from the fluid stream (Soane, [0048])., thereby reducing contaminant mobility (i.e. claimed contaminant leaching).
wherein the system suitably comprises nitric acid (i.e., an acid; an oxidant) (Soane, [0064]).
Given that Soane discloses the system that overlaps the presently claimed reagent set, including nitric acid, it therefore would be obvious to one of ordinary skill in the art, to use the system, which is both disclosed by Soane and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Soane further teaches other common oxidants include ozone, oxygen, chlorine, chlorite, hypochlorite, permanganate, hydrogen peroxide, organic peroxides, persulfate, perborate, N-halogenated hydantoin, nitrate salts, and sodium percarbonate (Soane, [0064]).
wherein the inorganic substrates are useful as anchor particles (i.e. adsorbents) such as activated carbon (Soane, [0042])
wherein the substrate can be prepared as a solid form, such as granular, powdered, fibrous, membrane, microparticle, or coating (Soane, [0069]).
7. Regarding claims 3-4, Soane teaches a system for removing an oxidizable target contaminant from a fluid (i.e. contaminated material) with reagents that include an oxidizing agent to oxidize the contaminant as an insoluble precipitate in the fluid with a substrate (Soane, Abstract)
wherein the substrate that can comprise of anchor particles (Soane, [0013]) forming a removable complex (Soane, Abstract) with contaminating metals (Soane, [0048]).
Soane further teaches the contaminating metals may be complexed, immobilized, precipitated, or otherwise removed from the fluid stream (Soane, [0048])., thereby reducing contaminant mobility (i.e. claimed contaminant leaching).
wherein the system suitably comprises nitric acid (i.e., an acid; an oxidant) (Soane, [0064]).
Given that Soane discloses the system that overlaps the presently claimed reagent set, including nitric acid, it therefore would be obvious to one of ordinary skill in the art, to use the system, which is both disclosed by Soane and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Soane further teaches that inorganic substrates are useful as anchor particles (i.e. adsorbents) such as activated carbon (Soane, [0042])
wherein the substrate can be prepared as a solid form, such as granular, powdered, fibrous, membrane, microparticle, or coating (Soane, [0069]).
9. Regarding claim 5, Soane teaches a system for removing an oxidizable target contaminant from a fluid (i.e. contaminated material) with reagents that include an oxidizing agent to oxidize the contaminant as an insoluble precipitate in the fluid with a substrate (Soane, Abstract)
wherein the substrate that can comprise of anchor particles (Soane, [0013]) forming a removable complex (Soane, Abstract) with contaminating metals (Soane, [0048]).
Soane further teaches the contaminating metals may be complexed, immobilized, precipitated, or otherwise removed from the fluid stream (Soane, [0048])., thereby reducing contaminant mobility (i.e. claimed contaminant leaching).
wherein the system suitably comprises nitric acid (i.e., an acid; an oxidant) (Soane, [0064]).
Given that Soane discloses the system that overlaps the presently claimed reagent set, including nitric acid, it therefore would be obvious to one of ordinary skill in the art, to use the system, which is both disclosed by Soane and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Soane further teaches that inorganic substrates are useful as anchor particles (i.e. adsorbents) such as activated carbon (Soane, [0042])
wherein the substrate can be prepared as a solid form, such as granular, powdered, fibrous, membrane, microparticle, or coating (Soane, [0069]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Remy Frederic Lalisse whose telephone number is (571)272-1819. The examiner can normally be reached Monday - Friday, 10:00 - 5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ching-Yiu Fung can be reached at (571)270-5713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.F.L./Examiner, Art Unit 1732
/CORIS FUNG/Supervisory Patent Examiner, Art Unit 1732