NON-FINAL OFFICE ACTION after RCE
This application has been assigned or remains assigned to Technology Center 1700, Art Unit 1774 and the following will apply for this application:
Please direct all written correspondence with the correct application serial number for this application to Art Unit 1774.
Telephone inquiries regarding this application should be directed to the Electronic Business Center (EBC) at http://www.uspto.gov/ebc/index.html or 1-866-217-9197 or to the Examiner at (571) 272-1139. All official facsimiles should be transmitted to the centralized fax receiving number (571)-273-8300.
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 .
Priority
Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d). All of the CERTIFIED copies of the priority documents have been received in this national stage application from the International Bureau (PCT Rule 17.2(a)).
Drawings
The set of drawings filed 8 JUNE 2026 are approved for entry.
Specification
The specification is objected to because the amendment to specification filed 8 JUNE 2026 refers to the published application, not the specification of record filed 29 JULY 2023 as seen below:
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Correction is required. The publication of the application is not necessarily the specification as originally filed on 29 JULY 2023.
Curiously, the amendment to the specification filed 17 MARCH 2026 properly refers to the specification of record filed 29 JULY 2023:
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The substitute Abstract of the Disclosure is objected to because:
a. the inclusion of legal phraseology such as “means” (see line 2) of the abstract filed 8 JUNE 2026 is improper.
Correction is required. See MPEP § 608.01(b).
The revised title of the invention is approved.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submissions filed on 8 JUNE and 11 JUNE 2026 have been entered.
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, 5-9, and 12-16 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.
Claim 1 as amended: the scope of “mitigate adverse effects” in line 9 is unclear/indefinite within the scope of this amended claim. It is suggested that --generally cleared of the solid particulate matter-- or the like should be inserted after “supplying feedwater” in the penultimate line of claim 1 filed 11 JUNE 2026 for definiteness and clarity. This would clearly establish that the solids relief ports pass solid particulate matter through these ports thereby clearing the feedwater of such solid particulate matter whereby the cleared feedwater is supplied to the fluid injection ports, as argued.
: Per 37 CFR 1.75(c), dependent claims shall be construed to include all
NOTE: Per 37 CFR 1.75(c), dependent claims shall be construed to include all the limitations of the claim incorporated by reference into the dependent claim. Accordingly, by definition, any claims that depend from a claim that is deemed indefinite under 35 USC 112(b) will also be considered indefinite and identified in the list of rejected claims above, even if such claims are themselves free of indefiniteness under § 112(b).
construed to include all
the
Claims Withdrawn
The new METHOD claims 17-18 filed 8 JUNE 2026 are withdrawn from consideration since an applicant cannot, as a matter of right, file a request for continued examination (RCE) on claims that are independent and distinct from the claims previously claimed and examined (i.e., applicant cannot switch inventions by way of an RCE as a matter of right). See MPEP § 706.07(h), subsection VI.(B). The method claims 17-18 filed with the RCE are independent and distinct from the apparatus claims 1, 5-9, and 12-16 previously claimed and examined. Thus, these new method claims 17-18 filed with the RCE are improper - MPEP 819.
Allowable Subject Matter
Claims 1, 5-9, and 12-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action in view of the remarks filed 8 JUNE and 11 JUNE 2026.
Claims 17-18 stand withdrawn and were not examined on the merits.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES COOLEY whose telephone number is (571)272-1139. The examiner can normally be reached M-F 9:30 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CLAIRE X. WANG can be reached at 571-272-1700. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES COOLEY/
Examiner, Art Unit 1774
DATED: 20 JULY 2026
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