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
Restriction requirement filed on Jul 27, 2023 is withdrawn.
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 17-19 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 17 is drawn to a product and system for processing.
Claims 18-19 are rejected under the same reasoning.
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) 17-19 is/are rejected under 35 U.S.C. 102(a)(1)/(a)2) as being anticipated by Akbari (US 2018/0345247 A1).
Regarding claims 17-19, Akhari discloses a halloysite product (see Abstract), since the process and system of making of the product isn't limiting.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1-6 and 9-16 are allowed.
Regarding claim 1, Fellers discloses a system for processing halloysite from primary and/or secondary global mineral deposits, comprising liberating, separating and concentrating processes, wherein the liberating, separating, and concentrating processes comprise and are configured to be carried out on specifically designed mechanical and hydraulic reactors, classifiers, and separation vessels with optimized operating parameters to transform composite mineral slurries into concentrated halloysite products with desired purity and quality on commercial scales, since Fellers discloses a batch tank (15) that produces a slurry and where mechanical dispersal may be achieved by use of a mixer/blender (4) or a shear pump (6), a magnet (11) for magnetic separation, and an optional centrifugal separation (12) (see figure 2 and column 4, line 60 through column 6, line 16), since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Fellers fails to disclose or suggest a system wherein the mechanical and hydraulic reactors and vessels comprise:
a) modified simple agitated vessel/tank;
b) slurry inlet
c) bottom outlet/discharge;
d) homogeneous mixing;
e) axial/radial flow agitation;
f) variable speed motor; and
g) side mounted variable height discharge valves for slurry reactors and vessels and/or overflow discharge for "thickener" type vessel systems.
Claims 2-6 and 9-16 depend on claim 1.
Response to Arguments
Applicant’s arguments, see Remarks, filed May 27, 2026, with respect to the 112(b) rejection of claims 1-6 and 15-16 and the 102 rejection of claims 1-6 and 12-16 have been fully considered and are persuasive. The 112(b) rejection of claims 1-6 and 15-16 and the 102 rejection of claims 1-6 and 12-16 have been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATASHA E YOUNG whose telephone number is (571)270-3163. The examiner can normally be reached M-F 7:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wang Claire can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NATASHA E. YOUNG
Examiner
Art Unit 1774
/NATASHA E YOUNG/Primary Examiner, Art Unit 1774
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