`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P202 Box 1450
`Alexandria. Virginia 223134450
`wwwcusptovgov
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`
`
`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATION N0.
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`[0/126,965
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`04/22/2002
`
`Prakash Mahadeo Jadhav
`
`3968
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`
`
`JONES, TULLAR & COOPER, P.C.
`PO. BOX 2266 EADS STATION
`ARLINGTON, VA 22222
`
`EASHOO, MARK
`
`1732
`
`DATE MAILED: 10/14/2004
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PTO-90C (Rch 10/03)
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`1
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`TIDE 1019
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`1
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`TIDE 1019
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`

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`Office Action Summary
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`10/126,965
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`Examine,
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`JADHAV ET AL.
`
`Art Unit
`
`Application No.
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`-
`
`”
`
`Applicant(s)
`
`
`
`1732
`Mark Eashoo, PhD.
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 1 MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`— Extensions oftime may be available under the provisions of 37 CFR 1136(9).
`after SIX (6) MONTHS from the mailing date nfthis communication.
`If the period for reply specified above is less than thirty (30) days1 a reply within the statutory minimum of thirty (30) days will be considered timely.
`—
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date ofthis communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C, § 133),
`Any reply received by the Office laierthan three months atterlhe mailing date. of this communication, even if timely tiled, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however. may a reply be timely filed
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`Status
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`1)® Responsive to communication(s) filed on 22 July 2004.
`Za)l:] This action is FINAL.
`2b)[:l This action is non-final.
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`3)D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parte Quayle. 1935 CD. 11, 453 0.67. 213.
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`Disposition of Claims
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`ME Claim(s) 1—90 is/are pending in the application.
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`4a) Of the above claim(s) 36-41 65-77 and 88-90 is/are withdrawn from consideration.
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`SHE Claim(s) 1-35 42-64 78-87 is/are allowed.
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`6)[:] Claim(s)
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`7)|:J Claim(s)
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`is/are rejected.
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`is/are objected to.
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`8)[] Claim(s)
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`are subject to restriction and/or election requirement.
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`Application Papers
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`9)|:I The Specification is objected to by the Examiner.
`
`is/are: a)|:l accepted or b)I:] objected to by the Examiner.
`10)[] The drawing(s) filed on
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`11)[] The oath or declaration is objected to by the Examiner. Note the attached Office Action orform PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)l:| Acknowledgment is made of a claim forforeign priority under 35 U.S.C. § 119(a)—(d) or (f).
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`a)l:] All
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`b)I:| Some * c)lj None of:
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`1.|:] Certified copies of the priority documents have been received.
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`21:] Certified copies of the priority documents have been received in Application No. ..____.
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`3.[] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachmentts)
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`4) [:| Interview Summary (PTO-413)
`1) E] Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date. _... -
`2) [:| Notice of Draftsperson’s Patent Drawing Review (PTO~948)
`5) [:1 Notice of Informa' Patent APP'Ica‘IOH (”0452)
`3) DZ] Information Disclosure Statement(s) (PTO-1449 or PTO/SB/OB)
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`
`6) D Other:Paper No(s)/Mail Date 4Qgs., .
`us. Patent and Trademark 0mm
`PTOL-326 (Rev. 1-04)
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`Office Action Summary
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`Part of Paper No./MaiI Date 111004
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`2
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`

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`Application/Control Number: lfl/lZBBES
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`Art Unit: I732
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`PageZ
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`DETAILED AETIIJN
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`Hecfl'on/fleslrict/ZJ/Is
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`Applicant's election with traverse of claim group I, claims l-35, 42434, and 78-37,
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`in the reply filed on 22-JUl-2llll4 is
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`acknowledged. The traversal is on the ground(s) that that the claim groups require the same search areas. This is not found
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`persuasive because search and consideration of the specific step-wise limitations of the process are not required forthe product.
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`The requirement is still deemed proper and is therefore made FINAL
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`Elaims Sid-4|, {35—77, and 88-90 are withdrawn from further consideration pursuant to 37 EFR |.i42(b), as being drawn to a
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`nonelected claim grouping, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election)
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`requirement in the reply filed on 22-dUL-Zflfl4.
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`Claims 1—35, 42-54, and 7867 are allowed.
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`Allowed/e Sub/lee! Matter
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`The following is an examiner's statement of reasons for allowance: the prior art of record does not teach forming a ore-mix
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`of the instantly claimed composition, grinding the premix, post~mixing, and then granulating/pelletizing. The closest prior art of
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`record is that of the various Eummings at al. references (eg. US 2002/DU9HUE All which teach forming a premix of a different
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`composition and delumping/grinding the pre-mix (para. 93-93).
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`It is noted that Eommings et al. provides a negative teaching (para.
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`35) against forming a premix of the instantly claimedmaterials as the materials, a processing aid. used in the ore-mix of Cummings
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`at al. suggests that a binder and surfactant do no need to be used (a binder is instantly claimed)
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`Any comments considered necessary by applicant must be submitted no later than the payment of the issue tee and, to
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`avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled ”Comments on
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`Statement of Reasons for Allowance."
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`3
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`

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`Application/Control Number: ID/IQEBBE
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`Art Unit: I732
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`Page 3
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`Elli/plush”
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`This application is in condition for allowance except for the presence of claims 35*4I. 55-77. and BB-Hl] to an invention non-
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`elected with traverse in the reply filed on 22—JIIL-2fll14. Applicant is given UNE MthIH or THIRTY DAYS from the date of this letter.
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`whichever is longer, to cancel the noted claims or take other appropriate action (37 EFR ”44). Failure to take action during this
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`period will be treated as authorization to cancel the noted claims by Examiner's Amendment and pass the case to issue. Extensions of
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`time under 37 EFR I.ISE(a) will not be permitted since this application will be passed to issue.
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`The prosecution of this case is closed except for consideration of the above matter.
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`inflame/[deuce
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`Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mark
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`Eashuo. PhD. whose telephone number is (57l) 272~l|97. The examiner can normally be reached on 7am~3pm EST. Monday - Friday.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Michael Colaianni can be
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`reached on (Ell) 272-IIHE.
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`lhe fax phone numberfor the organization where this application or proceeding is assigned is 703-872-
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`3305.
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`Information regarding the status of an application maybe obtained from the Patent Application Information Retrieval (PAIR)
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`system. Status information for published applications maybe obtained from either Private PAIR or Public PAIR, Status information for
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`unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair—
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`direct.usptogov Should you have questions onaccessto thePrivate PAIR system contactthe ElectronicBuness Center(EBB)at
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`BBB~2l7—Sl97 (toll-free).
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`flct. ll, [14
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`me
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`Mark Eashoo, PhD.
`
`Primary Examiner
`Art Unit I732
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`Il/OJI A”
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`4
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`

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`REMARKS
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`The Examiner has allowed claims 1-35, 42—64 and 78-87. Since the Examiner has
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`asserted that claims 36-41, 65-77 and 88-90 are drawn to a nonelected group, Applicant has
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`hereby canceled the nonelected claims. However, Applicant reserves the right to refile the
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`nonelected claims in a divisional application.
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`Respectfully submitted,
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`
`
`rP. Yan y
`Jenni
`Registration No. 47,003
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`JONES, TULLAR & COOPER, P.C.
`PO. Box 2266 Eads Station
`
`Arlington, VA 22202
`(703) 415-1500
`Dated: November 3, 2004
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`15
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`mm;,_
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`5
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