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 without traverse of claims 12-18 in the reply filed on 08/12/2025 is acknowledged.
Claims 1-11 and 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/12/2025.
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.
Claim 17 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 17 recites the limitation "the absorbent" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 12-13, 15 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alhooshani et al. (US 2022/0118420A1).
Regarding claims 12-13, 15 and 18, Alhooshani teaches a device comprising ionic binding material present in a porous casing, wherein the ionic binding material comprises a zeolite , wherein the porous housing comprises polypropylene (refer abstract).
Claim(s) 12-13, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Athanasiandis (US 2011/0309024A1).
Regarding claims 12-13 and 18, Athanasiandis teaches a device (310) comprising ionic binding material present in a porous casing (layers 311, 312, and 313), wherein the ionic binding material comprises a zeolite ([0115] discloses layer 312 contains clinoptilolite which is a zeolite).
Regarding claims 16-17, It appears that claim 17 is intended to be dependent of claim 16 since claim 16 recites that the device comprises an adsorbent in the housing. For this reason, Examiner has interpreted claim 17 to be dependent of claim 16.
Athanasiandis teaches limitations of claim 12 as set forth above. Athanasiandis further teaches that the device further comprises an adsorbent in the housing, hwerein the adsorbent comprises polypropylene flakes (refer [0115] disclosing layer 311 comprising polypropylene flakes).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Athanasiandis (US 2011/0309024A1), in view of Ray (US 2024/0228327A).
Regarding claim 14, Athanasiandis teaches limitations of claim 12 as set forth above. Athanasiandis does not teach that the ionic binding material comprises biochar alone or in combination with hemp powder, hemp hurd, hemp bast fiber, or a combination thereof.
Ray teaches biochar produced from spent coffee ground is useful in removing contaminants from an aqueous solution (abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to modify the ionic binding material of Athanasiandis to include biochar because Ray discloses that biochar has capacity for high trace contaminant removal in water,
Conclusion
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/PRANAV N PATEL/Primary Examiner, Art Unit 1777