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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 08 October 2024 and 15 January 2026 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: BIO-BASED LINER FOR WASTE PIT AND METHOD OF USE.
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.
Claims 4, 8, 10 - 14, and 18 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 a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 4, the use of the phrase “a physical condition” renders the claim vague and indefinite because the aforementioned limitation does not clearly define what is being visually monitored. For example, a physical condition could be the shape or size of the liner mat, the color of the liner mat, or whether the liner mat is showing signs of corrosion, but the claim does not identify the physical properties that are being monitored.
Regarding claim 8, the group from which the PHA is selected is confusing because claim 7, from which claim 8 depends, recites a different group of chemical compounds of which the PHA may be comprised. None of the chemical compounds recited in claim 8 are recited in claim 7. Since claim 8 depends from claim 7, the group of compounds recited in claim 8 should be a subset of the group recited in claim 7 in order to further limit the claimed group of PHA compounds. Claims 12 and 18 contain similar errors.
Claim 10 recites the limitation "the first layer" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1 - 3, 5 - 7, 9, 15 - 17, 19, and 20 are allowed.
Claims 4, 8, 10 - 14, and 18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Alexander (US 5,043,076) discloses a liner mat comprising an adsorbent layer (contaminant treating layer 30) and a base layer (bentonite 28) in contact with the waste pit (Fig. 2; col. 5, line 62 - col. 7, line 35; col. 8, lines 14 - 38).
Olsta et al. (US 8,042,696) discloses a liner mat comprising an adsorbent layer (contaminant reactant material 16) and a base layer (geotextile 15) in contact with the waste pit (Fig. 4b; col. 5, lines 30 - 49).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN D ANDRISH whose telephone number is (571)270-3098. The examiner can normally be reached Mon-Fri: 6:30 AM - 4:00 PM.
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/SEAN D ANDRISH/Primary Examiner, Art Unit 3678
SA
3/4/2026
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