CTNF 18/637,912 CTNF 91462 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 112 07-36 AIA The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. 07-36-01 AIA Claim 11 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph , as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 11 recites the same limitation as claim 10 which is dependent from claim 1 as well . Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-3, 5-8, 10-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over French Atomic Energy Commission EP3591372 (hereinafter “French”) in view of Kelley US20090196849 . Regarding claim 1 , French discloses a method (Device-1 and 10 implements the method) of collecting particles on a surface (collecting surface-30), the method comprising: contacting a particle with a water-soluble composition (gel-3, Paragraph 0021), wherein the water-soluble composition comprises: a solution comprising polyvinyl alcohol or polyvinylpyrrolidone (Paragraph 0022-0023) and in a range of from 10 to 50 wt% (Paragraph 0024). However, French fails to disclose a solution comprising CaC12 and/or MgC12. Kelley discloses a solution comprising CaC12 and/or MgC12. (Paragraph 0010-0012 and 0027-0029 discloses a solution comprising MgC12 combined with PVA in the range of from 10 to 50 wt%) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Kelley into French for the purpose of increasing the life of the device. The modification would allow for a decrease in formation build up on the collecting surface and offers a higher sustainable eco-friendly solution. Regarding claim 2 , the combination of French in view of Kelley disclose the method according to claim 1. Furthermore, French discloses the composition further comprises glycerol in up to 50 wt%. (Paragraph 0012-0013 and 0024) Regarding claim 3 , French discloses the composition comprises: the polyvinyl alcohol or the polyvinylpyrrolidone in a range of from 10 to 20wt% in an aqueous solution (Paragraph 0023-0024), glycerol in a range of from 20 to 40wt% (Paragraph 0024). However, French fails to disclose the CaC12 and/or MgC12 in a range of from 10 to 30 wt%. Kelley discloses the CaC12 and/or MgC12 in a range of from 10 to 30 wt%. (Paragraph 0010-0012, 0027-0029 and 0031 discloses a solution comprising MgC12 combined with PVA in the range of from 10 to 30 wt%) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Kelley into French for the purpose of increasing the life of the device. The modification would allow for a decrease in formation build up on the collecting surface and offers a higher sustainable eco-friendly solution. Regarding claim 5 , the combination of French in view of Kelley disclose the method according to claim 1. Furthermore, French discloses a particle-collecting device (Device-1 and 10) comprising a support (support-2 and 20) comprising a collecting surface (collection surface-30) and the water-soluble material of claim 1 (see rejection of claim 1 above) deposited on the collecting surface (Paragraph 0021-0024). Regarding claim 6 , French discloses a mixture (gel-3), comprising: particles on a surface (collection surface-30) and an aqueous solution comprising (Paragraph 0021-0024) polyvinyl alcohol or polyvinylpyrrolidone in a range of from 10 to 50 wt.%, wherein the solution contacts at least one particle. (Paragraph 0019-0024) However, French fails to disclose CaCl2 and/or MgCl2 in a range of from 10 to 50 wt.%, Kelley discloses CaCl2 and/or MgCl2 in a range of from 10 to 50 wt.%, (Paragraph 0010-0012 and 0027-0029 discloses a solution comprising MgC12 combined with PVA in the range of from 10 to 50 wt%) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Kelley into French for the purpose of increasing the life of the device. The modification would allow for a decrease in formation build up on the collecting surface and offers a higher sustainable eco-friendly solution. Regarding claim 7 , the combination of French in view of Kelley disclose the method according to claim 6. Furthermore, French discloses the composition further comprises glycerol in up to 50 wt.%. (Paragraph 0012-0013 and 0024) Regarding claim 8 , French discloses the solution comprises: water; the polyvinyl alcohol or the polyvinylpyrrolidone in a range of from 10 to 20 wt.% in; glycerol in a range of from 20 to 40 wt.%; (Paragraph 0023-0024) However, French fails to disclose the CaC12 and/or MgC12 in a range of from 10 to 30 wt%. Kelley discloses the CaC12 and/or MgC12 in a range of from 10 to 30 wt%. (Paragraph 0010-0012, 0027-0029 and 0031 discloses a solution comprising MgC12 combined with PVA in the range of from 10 to 30 wt%) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Kelley into French for the purpose of increasing the life of the device. The modification would allow for a decrease in formation build up on the collecting surface and offers a higher sustainable eco-friendly solution. Regarding claim 10 , the combination of French in view of Kelley disclose the method according to claim 1. Furthermore, French discloses the solution comprises the polyvinylpyrrolidone. (Paragraphs 0023-0024) Regarding claim 11 , the combination of French in view of Kelley disclose the method according to claim 1. Furthermore, French discloses the solution comprises the polyvinylpyrrolidone. (Paragraphs 0023-0024) Regarding claim 13 , French discloses the method according to claim 1. However, French fails to disclose the composition comprises the MgCl2. Kelley discloses the composition comprises the MgCl2 (Paragraph 0010-0012, 0027-0029 and 0031 discloses a solution comprising MgC12 combined with PVA) . 07-21-aia AIA Claim s 4, 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over French Atomic Energy Commission EP3591372 (hereinafter “French”) in view of Kelley US20090196849 in further view of Shenyang Applied Ecology INST CN1163145 (hereinafter “Shenyang”) . Regarding claim 4 , French discloses the composition comprises the polyvinyl alcohol or the polyvinylpyrrolidone in 10 wt% in water (Paragraph 0023-0024), glycerol in 30 wt% (Paragraph 0023-0024). However, the combination of French and Kelly fails to disclose the CaC12 in 20 wt%. Shenyang discloses the CaC12 in 20 wt%. (Claim 1, Page 3 Paragraph 5-Page 4 Paragraph 5) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Kelley into French for the purpose of increasing the life of the device. The modification would allow for a decrease in formation build up on the collecting surface and offers a higher attraction of moisture. Regarding claim 9 , French discloses the composition comprises: the polyvinyl alcohol or the polyvinylpyrrolidone in 10 wt.% in water; glycerol in 30 wt.%. (Paragraph 0023-0024)’ However, the combination of French and Kelly fails to disclose the CaCl2 in 20 wt.%. Shenyang discloses the CaCl2 in 20 wt.%. (Claim 1, Page 3 Paragraph 5-Page 4 Paragraph 5) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Kelley into French for the purpose of increasing the life of the device. The modification would allow for a decrease in formation build up on the collecting surface and offers a higher attraction of moisture. Regarding claim 12 , the combination of French and Kelly discloses the method according to claim 1. However, the combination fails to disclose the composition comprises the CaCl2. Shenyang discloses the composition comprises the CaCl2. (Claim 1, Page 3 Paragraph 5-Page 4 Paragraph 5) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Kelley into French for the purpose of increasing the life of the device. The modification would allow for a decrease in formation build up on the collecting surface and offers a higher attraction of moisture. Conclusion The prior art as cited on the PTO-892 is made of record and not relied upon but considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIGEL H PLUMB whose telephone number is (571)272-8886. The examiner can normally be reached Monday-Friday 7am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached at 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (USA or CANADA) or 571-272-1000. /NIGEL H PLUMB/ /Eric S. McCall/ Examiner, Art Unit 2855 Primary Examiner, Art Unit 2855 Application/Control Number: 18/637,912 Page 2 Art Unit: 2855 Application/Control Number: 18/637,912 Page 3 Art Unit: 2855 Application/Control Number: 18/637,912 Page 4 Art Unit: 2855 Application/Control Number: 18/637,912 Page 5 Art Unit: 2855 Application/Control Number: 18/637,912 Page 6 Art Unit: 2855 Application/Control Number: 18/637,912 Page 7 Art Unit: 2855 Application/Control Number: 18/637,912 Page 8 Art Unit: 2855
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