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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Status of Claims
Claims 1-15 are as originally filed.
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 3 and 5-7 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.
Claim 3 recites the limitation "average degree of substitution of the aminomethyl groups" in line 2. There is insufficient antecedent basis for this limitation in the claim. The limitation of substitution was not previously recited. An active tense would provide sufficient antecedent basis, such as “phosphonic acid groups substitutes the aminomethyl groups in the aminomethylphosphonic acid group-containing polymers at an average degree of 1.4 to 2.0.”
Claim 5 recites the limitation “particles of the polymer” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the most common diameter" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the eluting solution" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1, 2, 4, and 8-15 are allowed.
Claims 3 and 5-7 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 the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The International Search Report filed with the IDS on 9/16/2024 cites JP H05-32599 A (JP ‘599) as an “X” reference. JP ‘599, based on the machine translation, teaches a chelate resin having an aminophosphonic acid type chelate functional group to which metal ions are coordinated (Claims 1-4). The metal ions include zinc [0025]. Elution agents include aqueous ammonia and an alkali metal hydroxide to recover amino acids [0035] and not aluminum and/or zinc ions as claimed.
Jiang et al (US 2023/0117989 A1) teaches the purification of organic amines comprising introducing a resin polymer matrix to a liquid containing at least an organic amine bonded to at least one metallic element, wherein the resin polymer matrix is embedded with an amino compound selected from the group consisting of iminodiacetic acid, aminomethylphosphonic acid or a combination thereof, and wherein the embedded resin polymer matrix binds the at least one metallic element, and the at least one metallic element is removed from the organic amine (abstract). Jiang et al does not suggest eluting or removing the metallic element from the resin polymer matrix as in Claims 1 and 10.
Marston et al (US 9,187,588 B2) teaches eluting metal ions from a chelating resin. The resin includes a crosslinked styrene-divinylbenzene copolymer matrix with pendent methyleneaminopyridine or phosphonic acid groups. The eluant includes an aqueous solution comprising an amino acid compound (abstract). The metal includes zinc (column 2, line 19). The eluant contains no ammonia (column 3, lines 17 and 18). The pH of the reaction mixture can be maintained by periodic addition of a base such as sodium hydroxide or potassium hydroxide (column 6, lines 19-25). Marston et al does not suggest the eluant consists of alkali metal hydroxides or ammonium hydroxide as in Claims 1 and 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tima M. McGuthry-Banks whose telephone number is (571)272-2744. The examiner can normally be reached Monday through Friday, 7:00 am to 3:00 pm.
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Tima M. McGuthry-Banks
Primary Examiner
Art Unit 1733
/Tima M. McGuthry-Banks/Primary Examiner, Art Unit 1733
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