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 .
Claim Rejections - 35 USC § 103
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.
Claim(s) 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over CN 104387207 (A) in view of CN 104387158 (A), further in view of CN 1209202 (C).
CN 104387207 (A) discloses a fertilizer composition comprising yellow phosphorus slag and other nutrient elements. (See the Abstract of the English translation.) CN 104387207 (A) suggests in Paragraph [0007] of the English translation that any known fertilizer nutrient can be included, and specifically discloses urea, potassium chloride and monoammonium phosphate in Paragraph [0013].
The differences between the composition disclosed by CN 104387207 (A), and that recited in claims 3-6, is that CN 104387207 (A) does not disclose all of the specific nutrients recited in claim 3. CN 104387158 (A) discloses a fertilizer composition comprising yellow phosphorus slag, urea, calcium -magnesium phosphate, monoammonium phosphate and zinc sulfate.
It would have been obvious from CN 104387158 () to include diammonium phosphate, urea, potassium chloride, ammonium chloride, zinc sulfate and calcium-magnesium phosphate as nutrients in the composition of CN 104387207 (A). One of ordinary skill in the art would be motivated to do so, since CN 104387207 (A) suggest that any known nutrient can be included and already includes potassium chloride , urea and diammonium phosphate in Paragraph [0013], and it is clear from CN 104387158 (A) that urea, calcium-magnesium phosphate and zinc sulfate are useful fertilizer nutrients in combination with yellow phosphorus slag, It is also well-known that monoammonium phosphate, as well as diammonium phosphate, is a suitable macronutrient, and that ammonium chloride would be equivalent to sodium chloride. It would be even further obvious from CN 1209202 C to include attapulgite in the composition of CN 104387207 (A). One of ordinary skill in the art would be motivated to do so, since CN 1209202 C discloses attapulgite powder as a suitable filler or carrier component for eliminating coagulation of yellow phosphorus slag and establishes the equivalence between attapulgite and bentonite, which is used in the composition of CN 104387158 (A). (See Paragraph [0015] of CN 1209202 (C), and Paragraph [0009] of CN 104387158 (A)). It also would have been obvious to provide the ratios as recited in claim 3, since these ratios are consistent with the ratios disclosed in Paragraph [0013] of CN 104387207 (A).
Regarding claims 4 and 5, CN 104387207 (A) discloses in Paragraph [0023] that the fertilizer is formed by granulation. The resulting granules would not be distinguishable from the granules recited in claim 4 and 5.
Regarding claim 6, it would be within the level of skill of one of ordinary skill in the art to determine a suitable application rate for the fertilizer.
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 1-6 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.
In claim 1, it is indefinite as to what the metes and bounds of an “unconventional” electric furnace process would be Claims 2-6 are also indefinite since they refer ultimately to claim 1 and do not cure the ddefiency yf claim 1.
Allowable Subject Matter
This application apparently discloses allowable subject matter (i.e., regarding claims 1 and 2).
The following is a statement of reasons for the indication of allowable subject matter: CN 104445113A discloses a method for producing yellow phosphorus by reacting phosphate rock, silica and coke in an electric furnace. (See Paragraph [0004] of the English translation.) CN 108059513 (A) discloses the preparation of a composite fertilizer including the step of air-drying yellow phosphorus slag. However there is no teaching, disclosure or suggestion in either CN 104445113 A or CN 108059113 (A) to include Boro magnesite, boric anhydride, borax, potassium sulfate or sodium sulfate in the reaction mixture of CN 104445113A, let alone in the amounts recited in claim 1. Moreover, there is no teaching, disclosure or suggestion in either CN 104445113 A or CN 108059113 (A) to dry the slag formed in the process of CN 104445113A with yellow phosphorus tail gas, as required in claim 1, since CN 108059513 (A) discloses air-drying the yellow phosphorus slag. Accordingly claims 1 and 2 are not rejected over CN 10444513 A in view of CN 108059113 (A).
CN 109111312 (A) is made of record for disclosing a soluble plant fertilizer including trace elements and potassium chloride
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
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