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 with traverse of claims 1 – 5, 7 in the reply filed on 12/24/2025 is acknowledged. The traversal is on the ground(s) that a proper amendment under Article 19 was filed in the international application. This is not found persuasive because the common technical feature of fuel comprising magnetite additive is known in the art. Also, the fuel types are different for different species. Since the species of claim 9 is different from the elected species of claim 7, claim 9 is also further withdrawn as not being drawn to the elected species. While claim 5 is also a different species from the hydrocarbon of claim 7, the search results provided coal-based fuel and thus claim 5 was not withdrawn.
The requirement is still deemed proper and is therefore made FINAL.
Claims 6, 8 – 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected methods and species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/27/2025.
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, 7 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation that magnetite material contains at least 25% Fe, and the claim also recites that the magnetite material contains at least 40% magnetite (Fe3O4) which equivalently provides a calculated amount of at least about 29% Fe to the magnetite material which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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.
Claims 1, 3 – 5 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Du et al. (CN 105733728 B) or, in the alternative, under 35 U.S.C. 103 as obvious over Du et al. (CN 105733728 B)
In regards to claim 1, Du teaches magnetite composite useful as additive in coke, and comprising 40 to 60 parts magnetite, 20 to 30 parts limestone etc., which in Example 1 is crushed to 3mm or less and used in coke (i.e., coal) composition at about 0.2 to about 1%. Thus, Du provides the fuel and the magnetite in the claimed amounts and which provides Fe (iron) in the claimed amounts and thus would be expected to provide the combustion performance of the claim.
In regards to claim 3, Du teaches the composition having magnetite in the claimed amount as previously stated.
In regards to claim 4, Du teaches the composition comprising magnetite and which would be expected to have the claimed properties.
In regards to claim 5, Du teaches the composition having coal as previously stated.
Conclusion
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/TAIWO OLADAPO/Primary Examiner, Art Unit 1771