Prosecution Insights
Last updated: October 02, 2026
Application No. 18/891,727

Method for Nitrogen Removal and Nitrogen Salts Recovery Using Carboxylated Cellulose Extracted by Nitro-oxidation

Non-Final OA §103
Filed
Sep 20, 2024
Priority
Aug 29, 2018 — provisional 62/724,129 +2 more
Examiner
GURTOWSKI, RICHARD C
Art Unit
Tech Center
Assignee
The Research Foundation for the State University of New York
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
564 granted / 780 resolved
+12.3% vs TC avg
Strong +38% interview lift
Without
With
+37.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
31 currently pending
Career history
805
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
47.2%
+7.2% vs TC avg
§102
15.7%
-24.3% vs TC avg
§112
31.1%
-8.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 780 resolved cases

Office Action

§103
DETAILED ACTION For this Office action, Claims 13-29 are pending. Claims 13-29 are new, and Claims 1-12 are canceled. As a miscellaneous note, the examiner notices a claim filing of 07 October 2024 (after the 20 September 2024 filing of the amended list) that comprises the original 12 claims; the examiner will still assume the amended claim list is the one to examine. 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 § 103 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 13-21, 23-27 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Sower, US Pat Pub. 2003/0172697 (found in IDS filed 09/30/2024), in view of Wang et al. (herein referred to as “Wang”, ACS Sustainable Chemistry & Engineering, Vol. 4, No. 4, pp. 2068-2079 (2016); found in IDS filed 09/30/2024) and Mazet et al. (herein referred to as “Mazet”, US 5152896). Regarding instant Claim 13, Sower discloses a method of treating contaminated water to remove ammonium and nitrogen-containing impurities and recover ammonium salts (Abstract; Figure 2; Figure 6; Paragraph [0061]; Paragraph [0077]; Paragraph [0177]; waste treatment for removing ammonia from water and recovering ammonium salts) comprising: exposing contaminated water to an ammonia retaining agent which aggregates with positively charged ammonium ions and nitrogen containing impurities in water (Figure 2; Figure 6; Paragraphs [00157]-[0158]; Paragraph [0193]; waste slurry is treated with ammonia retaining agent such as zeolite and porous flocculants that precipitate out ammonia and other such impurities), to form an aggregate and treated water (Paragraphs [0156]-[0157]; Paragraph [0193]; zeolite is used to retain ammonia); separating the aggregate from the treated water (Figure 6; Paragraphs [0192]-[0193]; sludge is thickened and aggregate is separated); and isolating ammonium salts from the aggregate (Figure 6; Paragraph [0193]; thickened and separated ammonium salts is fully filtered and isolated in press 620), wherein the contaminated water comprises ammonium, nitrogen-containing impurities, or combinations thereof (Abstract; Figure 2; Figure 6; Paragraph [0061]; Paragraph [0077]; Paragraph [0177]; ammonia and ammonium salts are recovered from treatment process). However, Sower is silent on cellulose processed by nitro-oxidation, exposing the aggregate to concentrated sodium chloride to regenerate cellulose; and using the regenerated cellulose again to treat contaminated water. Wang discloses recovery of ammonium and phosphate from wastewater by wheat straw-based amphoteric adsorbent and reusing as a multifunctional slow-release compound fertilizer in the same field of endeavor as Sower, as it solves the mutual problem of removing ammonia from wastewater (Abstract). Wang further discloses exposing contaminated water to cellulose with negatively charged functional groups which aggregate with positively charged ammonium ions and nitrogen containing impurities in water (Page 2070, right column first paragraph; Page 2075, left column first paragraph; amphoteric straw cellulose with added carboxyl groups used for removal of ammonia and phosphate compounds) in order to produce a slow-release fertilizer from the recovered ammonium ions and nitrogen containing impurities (Abstract). The cellulose is extracted from raw or untreated biomass using a nitro-oxidation method (Wang, Page 2069, left column, paragraph starting with “extraction of cellulose from wheat straw”-right column, first paragraph; cellulose comes from untreated wheat straw, carboxylated groups arise from reaction with urea, which would create nitro-oxidation). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the exposure of contaminated water in Sower to further comprise exposing said water to negatively charged cellulose processed by nitro-oxidation comprising negatively charged functional groups as taught by Wang because Wang discloses such exposure produces a slow-release fertilizer from the recovered ammonium ions and nitrogen containing impurities (Wang, Abstract). However, the combined references are silent on cellulose processed by nitro-oxidation, exposing the aggregate to concentrated sodium chloride to regenerate cellulose; and using the regenerated cellulose again to treat contaminated water. Mazet discloses the use of grafted cellulose for purifying water in the same field of endeavor as the instant application, as it solves the mutual problem of purifying water with cellulose products (Abstract). Mazet further discloses that cellulose is easily regenerated with a sodium chloride solution and may be reused (Col. 1, Lines 62-68; Col. 4, Lines 10-20; see also that sodium chloride solution would be a solution concentrated enough for the regeneration rates desired). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the method of Sower to further comprise exposing the aggregate to concentrated sodium chloride to regenerate cellulose and using the regenerated cellulose in the step of exposing contaminated water to cellulose as taught by Mazet because Mazet discloses cellulose is easily regenerated by sodium chloride for reuse (Col. 1, Lines 62-68; Col. 4, Lines 10-20). Regarding instant Claim 14, Claim 13, upon which Claim 14 is dependent, has been rejected above. The combined references further disclose wherein the ammonium salts are converted into ammonium sulfates (Sower, Paragraph [0193]; released ammonia is converted to ammonium sulfate). Regarding instant Claim 15, Sower discloses a method of making a fertilizer or fertilizer component from contaminated water (Abstract; Paragraph [0061]; process of creating fertilizer from contaminated waste including water) comprising: exposing contaminated water to an ammonia retaining agent which aggregates with positively charged ammonium ions and nitrogen containing impurities in water (Figure 2; Figure 6; Paragraphs [00157]-[0158]; Paragraph [0193]; waste slurry is treated with ammonia retaining agent such as zeolite and porous flocculants that precipitate out ammonia and other such impurities), to form an aggregate and treated water (Paragraphs [0156]-[0157]; Paragraph [0193]; zeolite is used to retain ammonia); and isolating the aggregate to provide a fertilizer or fertilizer component (Abstract; Figure 6; Paragraph [0193]; thickened and separated ammonium salts is fully filtered and isolated in press 620, which forms the fertilizer or at least a fertilizer component). However, Sower is silent on cellulose, exposing the aggregate to concentrated sodium chloride to regenerate cellulose; and using the regenerated cellulose again to treat contaminated water. Wang discloses recovery of ammonium and phosphate from wastewater by wheat straw-based amphoteric adsorbent and reusing as a multifunctional slow-release compound fertilizer in the same field of endeavor as Sower, as it solves the mutual problem of removing ammonia from wastewater (Abstract). Wang further discloses exposing contaminated water to cellulose with negatively charged functional groups which aggregate with positively charged ammonium ions and nitrogen containing impurities in water (Page 2070, right column first paragraph; Page 2075, left column first paragraph; amphoteric straw cellulose with added carboxyl groups used for removal of ammonia and phosphate compounds) in order to produce a slow-release fertilizer from the recovered ammonium ions and nitrogen containing impurities (Abstract). The cellulose is extracted from raw or untreated biomass using a nitro-oxidation method (Wang, Page 2069, left column, paragraph starting with “extraction of cellulose from wheat straw”-right column, first paragraph; cellulose comes from untreated wheat straw, carboxylated groups arise from reaction with urea, which would create nitro-oxidation). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the exposure of contaminated water in Sower to further comprise exposing said water to negatively charged cellulose processed by nitro-oxidation comprising negatively charged functional groups as taught by Wang because Wang discloses such exposure produces a slow-release fertilizer from the recovered ammonium ions and nitrogen containing impurities (Wang, Abstract). However, the combined references are silent on cellulose processed by nitro-oxidation, exposing the aggregate to concentrated sodium chloride to regenerate cellulose; and using the regenerated cellulose again to treat contaminated water. Mazet discloses the use of grafted cellulose for purifying water in the same field of endeavor as the instant application, as it solves the mutual problem of purifying water with cellulose products (Abstract). Mazet further discloses that cellulose is easily regenerated with a sodium chloride solution and may be reused (Col. 1, Lines 62-68; Col. 4, Lines 10-20; see also that sodium chloride solution would be a solution concentrated enough for the regeneration rates desired). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the method of Sower to further comprise exposing the aggregate to concentrated sodium chloride to regenerate cellulose and using the regenerated cellulose in the step of exposing contaminated water to cellulose as taught by Mazet because Mazet discloses cellulose is easily regenerated by sodium chloride for reuse (Col. 1, Lines 62-68; Col. 4, Lines 10-20). See also that in modified Sewer the aggregate would comprise cellulose, and the fertilizer/fertilizer component would come from said aggregate/cellulose. Regarding instant Claim 16, Claim 15, upon which Claim 16 is dependent, has been rejected above. The combined references further disclose wherein the aggregate is processed to isolate ammonium salts to provide a fertilizer component (Sower, Figure 6; Paragraph [0193]; thickened and separated ammonium salts is fully filtered and isolated in press 620). Regarding instant Claim 17, Claim 16, upon which Claim 17 is dependent, has been rejected above. The combined references further disclose wherein the ammonium salts are converted into ammonium sulfates (Sower, Paragraph [0193]; released ammonia is converted to ammonium sulfate). Regarding instant Claim 18, Claim 15, upon which Claim 18 is dependent, has been rejected above. The combined references further disclose wherein the aggregate is a slow-release fertilizer (Sower, Abstract; Wang, Abstract; slow release NPK fertilizer). Regarding instant Claim 19, Claim 13, upon which Claim 19 is dependent, has been rejected above. The combined references further disclose wherein the cellulose is extracted from raw or untreated biomass (Wang, Page 2069, left column, paragraph starting with “extraction of cellulose from wheat straw”-right column, first paragraph; cellulose comes from untreated wheat straw, carboxylated groups arise from reaction with urea, which would create nitro-oxidation). Regarding instant Claim 20, Claim 13, upon which Claim 20 is dependent, has been rejected above. The combined references further disclose wherein the cellulose is in the form of microfibers (Wang, Abstract; Figure 2; Page 2069, left column, paragraph starting with “extraction of cellulose from wheat straw”; wheat straw would comprise microfibers of cellulose). Regarding instant Claim 21, Claim 13, upon which Claim 21 is dependent, has been rejected above. The combined reference further discloses wherein the cellulose is present in a concentration of about 0.5 to 1% based upon the weight of the contaminated water (Wang, Page 2076, left column, last paragraph-page 2077, right column, first paragraph; samples prepared include 0.5 to 1% weight percentage with cellulose). Regarding instant Claim 23, Claim 22, upon which Claim 23 is dependent, has been rejected above. The combined references further disclose wherein ammonium and nitrogen-containing impurities are present in the contaminated water in about 1 to about 125 ppm (Wang, Figure 8; concentrations may be within 1 to 125 of ammonium ions). Regarding instant Claim 24, Claim 15, upon which Claim 23 is dependent, has been rejected above. The combined references further disclose wherein the cellulose is extracted from a raw or untreated biomass using a nitro oxidation method (Wang, Page 2069, left column, paragraph starting with “extraction of cellulose from wheat straw”-right column, first paragraph; cellulose comes from untreated wheat straw, carboxylated groups arise from reaction with urea, which would create nitro-oxidation) and wherein nitrogen and oxygen byproducts produced from the nitro-oxidation method are converted to nitrate salts and added to the fertilizer component (Sower, Abstract; Paragraph [0075]; fertilizer provided is a nitrogen-phosphorous-potassium “PTK” fertilizer) Regarding instant Claim 25, Claim 15, upon which Claim 25 is dependent, has been rejected above. The combined references further disclose wherein the cellulose is extracted from raw or untreated biomass using a nitro-oxidation method (Wang, Page 2069, left column, paragraph starting with “extraction of cellulose from wheat straw”-right column, first paragraph; cellulose comes from untreated wheat straw, carboxylated groups arise from reaction with urea, which would create nitro-oxidation). Regarding instant Claim 26, Claim 15, upon which Claim 26 is dependent, has been rejected above. The combined references further disclose wherein the cellulose is in the form of microfibers (Wang, Figure 2; Abstract; Page 2069, left column, paragraph starting with “extraction of cellulose from wheat straw”; wheat straw would comprise microfibers of cellulose). Regarding instant Claim 27, Claim 15, upon which Claim 27 is dependent, has been rejected above. The combined reference further discloses wherein the cellulose is present in a concentration of about 0.5 to 1% based upon the weight of the contaminated water (Wang, Page 2076, left column, last paragraph-page 2077, right column, first paragraph; samples prepared include 0.5 to 1% weight percentage with cellulose). Regarding instant Claim 29, Claim 15, upon which Claim 28 is dependent, has been rejected above. The combined references further disclose wherein ammonium and nitrogen-containing impurities are present in the contaminated water in about 1 to about 125 ppm (Wang, Figure 8; concentrations may be within 1 to 125 of ammonium ions). Allowable Subject Matter Claims 22 and 28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. After consulting the parent application, (SN 17/267683, now US 12122687) these claims were considered allowable during prosecution of the parent case and are considered allowable here for the same reasons. A more detailed reasons for allowance will be provided upon allowance of the entire claim set. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liu et al. (US Pat Pub. 2020/0199257) discloses other processes of cellulose regeneration in order to make regenerated fibers (Abstract). Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT. 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, Benjamin Lebron can be reached at (571) 272-0475. 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 (IN USA OR CANADA) or 571-272-1000. /RICHARD C GURTOWSKI/ Primary Examiner, Art Unit 1773 09/02/2026
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Prosecution Timeline

Sep 20, 2024
Application Filed
Sep 03, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+37.7%)
2y 9m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 780 resolved cases by this examiner. Grant probability derived from career allowance rate.

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