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 (Claims 1-2) in the reply filed on 4/2/2026 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)).
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 1-2 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.
In claim 1, line 5, the phrase “capable of reacting with the sodium hydroxide to form an adhesive” is indefinite because it is unclear what composition Applicant intends to capture and the scope thereof. The material of instant claim 1 requires sodium hydroxide, water, a solid material capable of reacting with the sodium hydroxide to form an adhesive and a forming intermediate. In addition, the claimed material further requires an amount of aluminum powder. The instant disclosure teaches that the sodium hydroxide, water, solid material capable of reacting with the sodium hydroxide to form an adhesive and the forming intermediate are mixed together before the aluminum powder is mixed into the composition (Examples). Because the process mixes the sodium hydroxide and the solid material capable of reacting with the sodium hydroxide to form an adhesive together before the aluminum powder is added it appears that once the aluminum powder is added sodium hydroxide and the solid material capable of reacting with the sodium hydroxide to form an adhesive has already reacted together to form the adhesive such that when the aluminum powder is added the final composition would be a composition of the adhesive, water, forming intermediate, and the aluminum powder. The sodium hydroxide and the solid material capable of reacting with the sodium hydroxide to form an adhesive would already be reacted to form the adhesive. Thus claim 1 is unclear how the solid material capable of reacting with the sodium hydroxide to form an adhesive is present with sodium hydroxide in the material without having already reacted into the adhesive material.
In claim 2, line 4, the phrase “yellow mud” is unclear. This phrase is too vague to understand the scope materials that may be included by this phrase. The specification indicates that the yellow mud is from a mountain (Examples), but there is no other clear description of its chemical composition. Also, there does not appear to be any common understanding according to the person having ordinary skill in the art for “yellow mud” as described in the present application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fullerton US 2009/0252671 teaches a hydrogen generation composition including aluminum, sodium hydroxide, and water (Abstract). The material may further be turned into a reactant paste using a hydrocarbon binder (Paragraph [0035], Fig. 8).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A FIORITO whose telephone number is (571)272-9921. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Orlando can be reached at (571) 270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A FIORITO/Primary Examiner, Art Unit 1731
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