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 .
Claims 21-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 29 May 2026.
Claim Objections
Claim 13 is objected to because it repeats “sorption”. Appropriate correction is required.
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, 4, 5, 6, 7, 11, 12, 13, 18, 27, 28, and 29 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Herd US5823711 which described a method including providing a waste tire (col. 5 line 42-45) and processing into transportable bale (col. 5 line 54) as required by claim 1.
Regarding claim 2: col. 5 line 12-20.
Regarding claim 4: excavating col. 4 line 27, situating col. 5 line 54, and filling col. 6 line 2.
Regarding claim 5: plurality of bales 20 (fig 4a) with conduits 38 and/or conduits formed by fill 32 (col. 5 line 54-60)
Regarding claim 6: col. 5 line 57 “shredded tire” meets a reasonably broad interpretation of loose tire chips, also line 60 “stone or gravel” meets rock aggregate.
Regarding claim 7:”shredded tire col. 5 line 44 meets a reasonably broad interpretation of raspy.
Regarding claim 11 :”channel” col. 4 line 26 or ”moat” line 33
Regarding claim 27: Herd described the transporting (i.e. from the “bale machine” col 5 line 13 ) and placing (col. 5 line 27)
Regarding claim 28: pesticide (col. 2 line 9) is a conventional contaminant.
Regarding claim 29: col. 6 line 17.
Regarding independent claim 12: Herd also described the providing a waste tire (col. 5 line 42-45) ; baling (col. 5 line 54); transporting (i.e. from the “bale machine” col 5 line 13 ) and placing (col. 5 line 27) such that water flows through (“filter through” col. 5 line 63) as claimed.
Regarding claim 13: “herbicides, fungicides, and insecticides” col. 2 line 9 meets at least the synthetic compounds; and at least filtration is taught at col. 5 line 63.
Regarding claim 7:”shredded tire col. 5 line 44 meets a reasonably broad interpretation of raspy and the “exposed steel” line 48 meets the “steel wire-rich” limitation.
Claim(s) 1, 2, 3 is/are rejected under 35 U.S.C. 102a1 as being anticipated by GB 2526786 which described a method including providing a waste tire (title) and processing into a transportable bale (abstract). With regards to the “for use in abating a contaminant”: this is interpreted as intended use, nonetheless the control of sediment and filtration disclosed in the third paragraph of page 5 amount to abating a contaminant.
Regarding claims 2 and 3: page 9, second and third paragraphs discuss the gabion “receiving” (i.e. packaging) the bale(s).
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 28 is 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 28 is indefinite regarding conventional and emerging contaminants because it is not clear what the scope of “conventional” or “emerging ” contaminants is.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Janine M KRECK whose telephone number is (571)272-7042. The examiner can normally be reached telework: M-F 0600-1530 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at 5712725405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Janine M Kreck/Primary Examiner, Art Unit 3672
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