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 without traverse of Group I, claims 1 and 4-5, in the reply filed on 5/21/26 is acknowledged.
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.
Claims 1 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Cesca et al (3615201).
Cesca teaches a process for the production of magnesium oxide.
Cesca, col. 2, teaches drying and calcining of the MgCO3:H2O: the magnesium carbonate crystals, upon extraction from the filter and while still moist, are first dried at a temperature of about 200 C. and the dry MgCO3, is next calcined at a temperature of from 500-600oC., with the calcining times being determined in such manner that the MgO thus obtained still has a residual humidity of 3-4 percent.
Cesca, table 1, teaches magnesium oxide having a purity of 99.5%.
It 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 to determine the calcining time such that the MgO thus obtained still has a residual humidity of 3-4 percent.
As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
“about 200oC” overlaps with the drying temperature range as claimed in claim 1.
Further, examiner interprets the MgCO3:H2O as taught by Cesca as the by-products of claim 1.
Regarding claim 4, Cesca, col. 2, teaches the MgCO3:H2O is then washed in countercurrent, first with weak ammonium sulfate solutions and then with water. The concentrated solutions of the initial filtration are conveyed for the utilization of the ammonium sulfate contained therein; and the diluted solutions are recycled to the first stage of the cycle, namely, to the precipitation phase of the magnesium carbonate.
Regarding claim 5, Cesca, table 1, teaches magnesium oxide having a purity of 99.5%.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20120189850 teaches a magnesium oxide powder.
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/STEFANIE J COHEN/Examiner, Art Unit 1732 6/18/26
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