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 1 and 3-10 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 “about” in claim 1 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, 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. Claim 1, line 4 recites the L/N ration being about 4 to about 6. It is unclear how much less or more than 6 would be considered “about” 4 or 6. Similarly, line 7 recites the pH range being about greater than 9. It is unclear to what degree the pH can differ from greater than 9 and still be considered “about greater than 9, for instance is a pH of 9 considered “about” more than 9?
Claims 3, 4 and 9 also recite ranges of temperatures and pH with the term “about” and re rejected for the same reasons as claim 1 above.
Claim 1 recite the column having an L/N ration of about 4 to about 6. It is unclear what an L/N ration is. It appears to be a typo and applicant meant to recite an “L/D ratio” and such is assumed for purposes of examination.
Claim 1 recites the limitation "the MP/MAP-packed column". There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim is assumed to recite, “the column”.
Claim 3 recites the limitation "the external heating source". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the MP/MAP column". There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim is assumed to recite, “the column”.
The term “about” in claim 10 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, 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. Claim 10, line 4 recites the L/N ration being about 4 to about 6. It is unclear how much less or more than 6 would be considered “about” 4 or 6. Similarly, line 7 recites the pH range being about greater than 9. It is unclear to what degree the pH can differ from greater than 9 and still be considered “about greater than 9, for instance is a pH of 9 considered “about” more than 9?
Claim 10 recite the column having an L/N ration of about 4 to about 6. It is unclear what an L/N ration is. It appears to be a typo and applicant meant to recite an “L/D ratio” and such is assumed for purposes of examination.
Claim 10 recites the limitation "the MP/MAP-packed column". There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim is assumed to recite, “the column”.
The additional claims are rejected as depending from claim 1.
Response to Arguments
Applicant's arguments filed 6/2/26 have been fully considered but they are not persuasive.
In the response filed by applicant, they indicated that the claims had been amended to address the various 112(b) rejections. However, no amendments were made to the claims to address the 112(b) rejections and therefore the 112(b) rejections still apply to the claims.
The amendments to the specification and to the drawings have overcome the previous objections to the drawings.
Allowable Subject Matter
Claims 1 and 10 are allowable as they incorporate previously indicated allowable subject matter from claims 2 and 8, respectively. The additional claims are allowable as depending from claim 1.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN M KURTZ whose telephone number is (571)272-8211. The examiner can normally be reached Monday-Friday 8:30-5.
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, Bobby Ramdhanie can be reached at 571-270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN M KURTZ/Primary Examiner, Art Unit 1779
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