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 .
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 1-10 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. It is indefinite as to whether the montmorillonite and kaolin which are components of the water-retaining agent are excluded from the clays present as raw materials, or whether they can be included in both the water-retaining agent and the raw materials. That is, it is indefinite as to whether the total amount of clays, including montmorillonite and kaolin, would be 850-2850 parts, or 1000-3100 parts ((850-2850) plus (150-250)).
In claim 3, there is no antecedent basis for “the urea”, “the diammonium phosphate”, “the potassium sulfate”, “the ammonium sulfate”, “the potassium dihydrogen phosphate”, “the potassium humate”, “ the zinc sulfate” or “the borax”.
This application apparently discloses allowable subject matter.
Allowable Subject Matter
This application apparently discloses allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter: CN 106396973A discloses fertilizer particles which contain kaolin, montmorillonite, ammonium persulfate, N,N-methylenebisacrylamide, polyacrylamide and carboxymethyl cellulose. (See Paragraph [0011] of the English translation.) However there is no teaching, disclosure or suggestion in the reference to include methylallyl polyoxyethylene ether or 2-acrylamide-2-methylpropanesulfonic acid as components, as require in applicant’s claims. Nor would there be any motivation from the prior art to do so. Accordingly applicant’s claims are not rejected over CN 106396973A.
CN 106083447A is made of record for disclosing a soil conditioner which includes kaolin, montmorillonite, ammonium persulfate, N,N-methylenebisacrylamide, and polyacrylamide. (See Paragraphs [0016] and [0017] of the English translation.)
The other references are made of record for disclosing various fertilizers or soil conditioners which contain polyacrylamide.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE A LANGEL whose telephone number is (571) 272-1353. The examiner can normally be reached Monday through Friday from 8:15 am to 4:15 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE A LANGEL/Primary Examiner, Art Unit 1736