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 Group I in the reply filed on 4/02/2026 is acknowledged. There is no stated traversal.
The requirement is still deemed proper and is therefore made FINAL.
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Groups, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4/2/2026.
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.
Claim(s) 1-2, 5-6, 10, and 15 are rejected under 35 U.S.C. 102a1 as being anticipated by Usher et al, USP 4,370,476.
Regarding claim 1, Usher teaches a composition, comprising: a polymer (dextran polymer solution See example 7), and an aluminum salt and/or a ferric salt (ferric chloride, example 7), wherein the composition comprises a weight ratio of the aluminum salt and/or the ferric salt to the polymer from about 0.05:1 to 100:1 (ratio of 1.0:0.8 column 29 line 47).
Regarding claim 2, Usher further teaches in example 7 a composition of the iron dextran complex that is made up of 12-16% iron content (column 29 line 54) and has an Fe:dextran ratio of 1.0:0.8 (column 29 line 47). A complex with a 12% iron solution with a Fe:dextran ratio of 1:0.8 would have a polymer concentration of 9.6, reading on the claimed range.
Regarding claim 5, Usher remains as applied teaching the ferric salt. The limitations of claim 5 further define the aluminum salt but does not require its use. Further limiting an optional limitation is still rejected under the ferric salt of Usher.
Regarding claim 6, Usher further teaches the use of ferric chloride (see example 7).
Regarding claim 10, Usher teaches that the polymer is cationic, anionic, zwitterionic, non-ionic, amphoteric with a net positive charge or amphoteric with a net negative charge (by default as this is all of the possible forms a polymer can take).
Regarding claim 15, Usher does not teach the use of a hydroxamic acid group, an isocyanate group, N-bromoamine and/or N-chloroamine.
Claim(s) 1, 5-7, 9, 11, and 13-14 are rejected under 35 U.S.C. 102a1 as being anticipated by Chromecek, USP 3,886,125.
Regarding claim 1, Chromecek teaches a composition, comprising: a polymer (see abstract), and an aluminum salt (see abstract) and/or a ferric salt, wherein the composition comprises a weight ratio of the aluminum salt and/or the ferric salt to the polymer from about 0.05:1 to 100:1 (claim 1 gives a mol ratio of 0.1-90%, while mol ratio is not a weight ratio the vast range of 0.1-90 as compared to 0.05-100 would clearly fall into the same ratio as claimed).
Regarding claim 5, Chromecek further teaches the same aluminum salts (see column 3 lines 14-27).
Regarding claim 6, Chromecek remains as applied teaching the aluminum salt. The limitations of claim 5 further define the ferric salt but does not require its use. Further limiting an optional limitation is still rejected under the aluminum salt of Usher.
Regarding claim 7, Chromecek further teaches that the polymer comprises monomer including meth acrylamide (column 2 line 22).
Regarding claim 9, Chromecek further teaches that the polymer is a linear polymer (column 5 line 55).
Regarding claim 11, Chromecek further teaches wherein the polymer comprises from about 1 mol % to about 8 mol % of a carboxylic acid (claim 1 with an overlapping range).
Regarding claim 13, Chromecek further teaches wherein the composition excludes a polysaccharide, an anionic polysaccharide, and/or a pulp fiber (none of these are taught).
Regarding claim 14, Chromecek further teaches wherein the polymer excludes a hydroxamic acid group, an isocyanate group, N-bromoamine and/or N-chloroamine (none of these are taught).
Claim(s) 1, 5-10, and 12 are rejected under 35 U.S.C. 102a1 as being anticipated by Heitaniemi et al, WO 2017/162920 (already of record).
Regarding claim 1 Heitaniemi teaches a composition (see abstract), comprising: a polymer (step a claim 1), and an aluminum salt and/or a ferric salt (step c aluminum based coagulant see claim 1 and page 10), wherein the composition comprises a weight ratio of the aluminum salt and/or the ferric salt to the polymer from about 0.05:1 to 100:1 (the polymer is added in amounts of 100-1000 g/t of dry fiber stock- see page 10 and the aluminum additive is added in 100-700 g/t – see page 12so roughly equal amounts).
Regarding claims 5 and 6 Heitaniemi further teaches the use of aluminum chloride (see claim 9).
Regarding claim 7, Heitaniemi further teaches the use of DADMAC and others (see page 10 and claims).
Regarding claim 8, Heitaniemi further teaches the use of polyethyleneimine (see claim 9).
Regarding claim 9, Heitaniemi further teaches that the polymer is linear (see claim 8).
Regarding claim 10, Heitaniemi further teaches that the polymer is amphoteric (see claims 6-8).
Regarding claim 12, Heitaniemi further teaches (see claim 1) a colloidal particle comprising the polymer embedded within a colloidal aluminum hydroxide complex and/or a colloidal ferric hydroxide complex.
Claim(s) 1 and 4 are rejected under 35 U.S.C. 102a1 as being anticipated by Puskas et al, US Patent Publication 2011/0144268.
Regarding claim 1, Puskas teaches a composition (see abstract) comprising a polymer (see abstract and [0068]) and alum [0068] in the amount of 0.1% of the polymer (reads on 0.5:1 – 100:1) [0068].
Regarding claim 4, Puskas further teaches that the composition includes a conformation plot slope of less than 0.6447 [0099].
Claim(s) 1 and 3 are rejected under 35 U.S.C. 102a1 as being anticipated by Harrington et al, US Patent Publication 2017/0101740.
Regarding claim 1, Harrington teaches a composition, comprising: a polymer (see table 4 and [0131]), and an aluminum salt and/or a ferric salt (aluminum sulfate – see table 4), wherein the composition comprises a weight ratio of the aluminum salt and/or the ferric salt to the polymer from about 0.05:1 to 100:1 (examples of 0.4-2 lbs. of polymer and 5 lbs. of aluminum sulfate – see figure 4).
Regarding claim 3, Harrington further teaches wherein the polymer comprises a Huggins constant of about 0.0 to about 1 [0056 and 0060].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB T MINSKEY whose telephone number is (571)270-7003. The examiner can normally be reached M-F 8-6 PM.
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JACOB T. MINSKEY
Examiner
Art Unit 1741
/JACOB T MINSKEY/Primary Examiner, Art Unit 1748