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 .
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 9 and 11-13 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.
The term ““high surface area construction” in claims 9 and 13 is a relative term which renders the claim indefinite. The term ““high surface area construction” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The scope of the claims is unclear making the claims indefinite.
Claims 11-12 recites the limitation " the photoelectric reactor vessel " in line 1. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1-3, 6-8, 10, 14-16, and 27-30 are allowed. Claims 9 and 11-13 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The prior art does not disclose not fairly suggest a UV light source comprising a UV lamp within a quartz tube that is submerged in the photoreactor vessel and the quartz tube is located approximately 2 cm or less distance from the cathode, as per claim 1; a UV light source within a tube in the photoreactor vessel, the UV light source configured to direct UV light onto the aqueous solution including PFAS in the photoreactor vessel; a cathode within the photoreactor vessel and configured to contact the aqueous solution containing PFAS within the photoreactor vessel, located approximately 2 cm or less from the UV light source, wherein cathode comprises of a high surface area construction having an electrochemically active surface and a geometric surface area, wherein the electrochemically active surface area is greater than the geometric surface area, as per claim 13.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMERON J ALLEN whose telephone number is (571)270-3164. The examiner can normally be reached M-F 6 am till 3 pm.
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/CAMERON J ALLEN/Examiner, Art Unit 1774