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 .
Drawings
The drawings are objected to because Figures 1 and 2 are difficult to discern due to blurriness and pixelation.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: Paragraph 59 recites a specific claim number, which is improper. Appropriate correction is required.
Claim Objections
Claim 1 is objected to because it contains multiple periods, which is improper.
Each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations. See MPEP 608.01(m).
Appropriate correction is required.
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 1-5 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.
Regarding Claim 1, the phrase “the phosphoric acid” lacks proper antecedent basis.
Further regarding Claim 1, the phrase “the mixture” is unclear. There are several components mixed, and none is described as a mixture.
Still further regarding Claim 1, the phrase “the flame retardant” lacks proper antecedent basis.
Regarding Claim 2, the limitations are unclear. Claim 1 produces plural fibers. Some limitations in Claim 2 seem drawn to single fibers, such as length. Is Applicant stating that the fibers have an average length of 30-60 mm? Is this supported in the specification as filed? If not, how is this to be interpreted?
Regarding Claim 3, the phrase “the durable flame-retardant cellulose fiber according to claim 1” is unclear. Claim 1 is a method, not a product. Should this instead depend from Claim 2?
The remaining claims inherit the rejection by dependency.
Allowable Subject Matter
Claim 1 and its respective dependent claims would be allowable if rewritten or amended 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.
Specifically, the prior art of record neither teaches nor reasonably suggests the recitations found therein, including the steps of preparation as claimed. Wu et al (CN 120943859), Wu et al (CN 120842266), and Liu et al (CN 108018715) each teach some of the components, but not the totality, or treatment (such as heating, mixing) as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shaun R Hurley whose telephone number is (571)272-4986. The examiner can normally be reached Monday thru Friday, 8:00am - 3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAUN R HURLEY/Primary Examiner, Art Unit 3732
