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 .
Claim Interpretation
With regard to Claims 97, 98, 104, and 106, the term “battery” will be examined as “a number of similar articles, items, or devices arranged, connected, or used together” from Merriam Webster dictionary, which is consistent with the instant specification at Figures 12 and 13, Pages 49 and 50.
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.
Claims 88, 94, 97, 98, 100, 103, 104, and 106 are 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.
With regard to Claim 88, part (b); Claim 94, part (b)(i); Claim 97, first line; Claim 98, last line; Claim 100, part (b); Claim 103, part (i); and Claim 104, part (b); “amine” is defined in Merriam-Webster’s dictionary as “any of a class of basic organic compounds derived from ammonia by replacement of hydrogen with one or more monovalent hydrocarbon radicals”. Therefore, ammonia is not an amine, and as a result, it is not clear if the trapping agent A that is covalently bonded to the mth carbonyl group is actually capable of capturing or binding an amine as traditionally defined, or if the trapping agent A is capable of capturing or binding either ammonia or an amine.
With regard to Claims 88 and 100, parts (a)(i), (a)(ii), and (a)(iii), the claim recites that the linker comprises a straight chain alkane. Webster-Merriam dictionary defines “alkane” as “any of numerous saturated hydrocarbons”. Therefore, the claimed straight chain alkane cannot be unsaturated, as in (i) and (ii), or contain any double bonds, as in (iii).
With regard to Claims 104 and 106, the claims each state “conjugate as defined in claim 99” but then also state the limitations for a conjugate, which appear substantially the same as the conjugate of claim 99. It is not clear if there is an intent to differentiate between the conjugate of claim 99 and the claimed conjugate, or if they are the same.
Allowable Subject Matter
Independent Claims 87, 98, 99, 104, 105, and 106 all require a “conjugate having the structure of formula I, the conjugate comprising a particle bonded to at least one linker comprising a chain of n carbon atoms covalently bonded to m carbonyl groups, and at least one trapping agent A covalently bonded to the mth carbonyl group; wherein, n is an integer within the range of 5 to 15, and m is an integer within the range of 5 to 10, wherein trapping agent A is characterized by having the ability to capture or bind amine”.
Functional groups such as carboxylic acids that can bind to amine groups are well known in the art of liquid purification using particles and ligands, as evidenced at least by Stein (US 2012/0018382, [0166]). Furthermore, it is known from at least Eisen (US 2010/0230346, e.g., [0008], [0020], and Claim 10) to use two adjacent carbonyl groups as a functional group for adsorbing urea (containing two primary amines) without generation of ammonia. Finally, it is well known in the art to use a hydrocarbon chain within the claimed range as a spacer between a particle and a ligand containing a functional group, as evidenced by at least Maloisel (US 2015/0299248, [0052]-[0053]).
However, it would not be obvious to combine these three references in order to arrive at the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN LEBRON whose telephone number is (571)272-0475. The examiner can normally be reached 9 AM - 5:30 PM.
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Benjamin Lebron
Primary Examiner
Art Unit 1777
/BENJAMIN L LEBRON/Primary Examiner, Art Unit 1777