FINAL OFFICE ACTION
This application has been assigned or remains assigned to Technology Center 1700, Art Unit 1774 and the following will apply for this application:
Please direct all written correspondence with the correct application serial number for this application to Art Unit 1774.
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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 .
Priority
Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d). All of the CERTIFIED copies of the priority documents have been received in this national stage application from the International Bureau (PCT Rule 17.2(a)).
Specification
The revised Abstract of the Disclosure is approved.
The title is acceptable.
Claim Rejections - 35 U.S.C. § 112(b)
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.
The inquiry during examination is patentability of the invention as the inventor or a joint inventor regards such invention. If the claims do not particularly point out and distinctly claim that which the inventor or a joint inventor regards as his or her invention, the appropriate action by the examiner is to reject the claims under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. In re Zletz, 893 F.2d 319, 13 USPQ2d 1320 (Fed. Cir. 1989).
Claims 1 and 4-8 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 joint inventor regards as the invention.
Throughout the claims: all occurrences of “(a)”, “(b)”, “(c)”, “(d)”, and “(e)” should be replaced with --step (a)--, --step (b)--, --step (c)--, --step (d)--, and --step (e)--, respectively, to forestall antecedent basis issues, to avoid confusion, and for clarity. See claims 1, 4, 5, and 7.
Claim 1, line 13: does “the water/gypsum mixture” refer to the previously recited “homogenous water/gypsum mixture”? If so, in line 13, insert --homogeneous-- before “water/gypsum mixture” for proper antecedent basis; in line 17, after “returned” insert
--remaining-- to forestall antecedent basis issues, to avoid confusion, and for clarity; in line 24, after “returned” insert --homogeneous water/gypsum-- to forestall antecedent basis issues, to avoid confusion, and for clarity; in line 25, after “released” insert --homogeneous water/gypsum-- to forestall antecedent basis issues, to avoid confusion, and for clarity.
Claim 7, lines 3 and 5: do the “liquid components” have any relationship to these same components recited in claim 1?; in line 4, do the “dry components” have any relationship to these same components recited in claim 1?; in line 6, “the circulating flow” lacks antecedent basis. The term “circulating” was removed from claim 1 via amendment.
Allowable Subject Matter
Claims 1 and 4-8 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. § 112(b).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES COOLEY whose telephone number is (571)272-1139. The examiner can normally be reached M-F 9:30 AM - 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CLAIRE X. WANG can be reached at 571-272-1700. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES COOLEY/
Examiner, Art Unit 1774
DATED: 17 MARCH 2026
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