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 .
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 21-35 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.
In claim 21, line 3, “catalyst on an explosive separated by a layer of drill cutting” is vague and indefinite. The claimed structure is unclear since it is not clear what is separated by the layer of drill cutting. If the layer of drill cutting is supposed to be between the catalyst and the explosive, it is not clear how the catalyst could be “on” the explosive.
In claim 21, line 8, “and their derivatives” is vague and indefinite. This is such a broad term that the metes and bounds of the limitation is not clear. If all forms of “derivatives” are considered, there is an almost infinite number of possibilities, many of which have probably not even been discovered yet. Also, it is not clear if this limitation is referring only to the immediate item in the list or all items in the list.
In claim 21, line 9, “or based on …” is vague and indefinite. It is not clear what limitations would be placed on an element which is merely “based on” cross-linking agent catalysts”.
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.
Claims 21-35 are rejected under 35 U.S.C. 103 as being unpatentable over WO86/00660.
WO86/00660 discloses a method and apparatus comprising most elements of the claimed system of mining blast hole plugs including loading a bast hole with a bi-component mixture of a formaldehyde-based resin-catalyst and an explosive; where the bi-component mixture forms a foam in situ and is formed from one of the listed formaldehyde resins (page 3, line 31) contained in a first pool 3, and a second acidic, basic, or cross-linking agent catalyst (page 4) formed from the listed elements and held in a second pool 4; and setting off the explosion (page 7, line 16). WO86/00660 fails to disclose the particular claimed parameters. However, to have the specific parameters is considered to be obvious engineering and user desired parameters to provide desired results. This is especially believed to be true in view of the use of known materials and not to be an invention of the chemicals per se. To have the claimed parameters is considered to have been obvious to one having ordinary skill in the art at the time of the application’s filing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. WOODROW ELDRED whose telephone number is (571)272-6901. The examiner can normally be reached M-F 9:00-5:30.
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/J. Woodrow Eldred/Primary Examiner, Art Unit 3641
JWE