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 Group I in the reply filed on 1/8/26 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)).
Double Patenting
Application number 18/228784 recites similar content, but ‘784 is distinct because the claims in this application do not heat aluminum and fluoride, followed by the additional addition of sodium borate. However, given that ‘784 is co-pending, Applicant is notified that changes to the claim sets of either application could result in a double patenting rejection.
Claim Rejections - 35 USC § 112
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.
Claim 5 is 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.
Claim 5, line 5 recites “continued at 450°C or higher and 560°C or lower” is objected because this feature is already described in Claim 1.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance: Bayer (GB 10473). Bayer describes a method of making sodium borohydride (title). The process combined Na2B4O7 with aluminum and an alkali and hydrogen (page 2, left col, lines 28-30, equation I) and heating the mixture from 330-350 degrees C (page 2, left col, lines 30-33).
The reference does not teach adding fluoride powder or that the sodium borate is added after the heat pretreatment, as required by the claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHENG HAN DAVIS whose telephone number is (571)270-5823. The examiner can normally be reached 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fung Coris 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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/SHENG H DAVIS/Primary Examiner, Art Unit 1732 March 20, 2026
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