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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspta.gov
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`
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKETNO.
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`CONFIRMATION NO,
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`10/126,965
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`04/22/2002
`
`Prakash Mahadeo Jadhav
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`3968
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`
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`JONES, TULLAR & COOPER,P.C.
`P.O. BOX 2266 EADS STATION
`ARLINGTON, VA. 22202
`
`EASHOO, MARK
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`1732
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`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 (Rev. 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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`Application No.
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`-
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`~~T
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`Applicant(s)
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`JADHAVETAL.
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`
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`Art Unit Mark Eashoo, Ph.D.
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`10/126,965
`Examiner
`Office Action Summary
`
`.
`1732
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`A SHORTENED STATUTORYPERIOD FOR REPLY IS SET TO EXPIRE 1 MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available underthe provisions of 37 CFR 1,136(a).
`after SIX (6) MONTHSfram the mailing date of this communication.
`Ifthe period for reply specified above is Jess than thirty (30) days, a reply within the statutory minimurn of thirty (30) days will be considered timely.
`-
`~ {NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`- Failure to reply within the set ar extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Anyreply received by the Office later than three monthsafter (he mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`In no event, however, may a reply be timely filed
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`Status
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`1)Ex] Responsive to communication(s) filed on 22 July 2004.
`2a)L] This action is FINAL.
`2b)(] This action is non-final.
`3)L] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordancewith the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)[X] Claim(s) 1-90 is/are pending in the application.
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`4a) Of the above claim(s) 36-47,65-77 and 88-90 is/are withdrawn from consideration.
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`5) Clairn(s) 1-35,42-64, 78-87 is/are allowed.
`6)L] Claim(s)
`is/are rejected.
`7)L] Claim(s)
`is/are objected to.
`8)[_] Claim(s)
`are subject to restriction and/or election requirement.
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`Application Papers
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`9)(] The specification is objected to by the Examiner.
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`10)-] The drawing(s) filed on
`is/are: a)[_] accepted or b)[_] objected to by the Examiner.
`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 or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)[_] Acknowledgmentis made ofa claim for foreign priority under 35 U.S.C. § 119(a)-(d) or(f).
`a)LJAll
`b)L_] Some * c)L_] None of:
`1.L] Certified copies of the priority documents have been received.
`2.L] Certified capies of the priority documents have been received in Application No.
`3.0] Copiesof 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.
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`
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`Attachment(s)
`4) ] interview Summary (PTO-413)
`1) [2] Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date...
`2) [7] Notice of Draftsperson'’s Patent Drawing Review (PTO-948)
`5) [] Notice of Informal Patent Application (PTO-152)
`3) EX] Information Disclosure Statement(s) (PTO-1449 ar PTO/SB/08)
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`6) [J other:
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`Paper No(s)/Mail Date 4pgs..
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`US. Patent and Trademark Office
`PTOL-326 (Rev. 1-04)
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`Office Action Summary
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`Part of Paper No./Mail Date 111004
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`2
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`Application/Contral Number: (0/126,965
`Art Unit: 1732
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`Page 2
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`DETAILED ACTION
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`flection/Restrictions
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`Applicant's election with traverse of claim graup |, claims 1-35, 42-64, and 78-87,
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`in the reply filed on 22-JUL-2004 is
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`acknowledged. The traversal is on the graund(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 for the product.
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`The requirementis stil] deemed proper and is therefore made FINAL.
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`Claims 36-41, 65-77, and 88-90 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a
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`nonelected claim grauping, there being no allowable generic orlinking claim. Applicanttimely traversed the restriction (election)
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`requirementin the reply filed on 22-JUL-2004.
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`Allowable SubjectMatter
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`Claims !-35, 42-64, and 78-87 areallowed,
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`The following is an examiner's statement of reasonsforallowance:the prior art of record does not teach farming a pre-mix
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`of the instantly claimed composition, grinding the pre-mix, post-mixing, and then granulating/pelletizing. The closestprior art of
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`record is that of the various Cummingset al. references (eg. US 2002/D09106 Al) which teach farming a premix of a different
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`composition and delumping/grinding the pre-mix (para. 93-99). Itis noted that Cummings et al. provides a negative teaching (para.
`35) against forming a premix of the instantly claimedmaterials as the materials, a processing aid, used in the nit af Cummings
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`et al. suggests that a binder and surfactant do no need to be used (a binderis instantly claimed)
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`Any comments considered necessary by applicant must be submitted no later than the paymentof the issue fee and, to
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`avoid processing delays, should preferably accompanythe issue fee. Such submissions should be clearly labeled “Comments on
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`Statement af Reasons for Allowance.”
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`3
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`Application/Control Number: 10/126,965
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`Art Unit: 1732
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`Page 3
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`Conclusion
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`This application is in condition for allowance except for the presenceof claims 36-41, 65-77, and 88-90 to an invention non-
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`elected with traverse in the reply filed on 22-JUL-2004. Applicant is given ONE MONTH or THIRTY DAYS from the dateof this letter,
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`whicheveris longer, to cancel the noted claims or take other appropriate action (37 CFR 1.144). Failure to take action during this
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`period will be treated as authorization to cancel the nated claims by Examiner's Amendment and pass the case to issue. Extensions of
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`time under 37 CFR 1.136(a) will not be permitted since this application will be passedto issue.
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`The prosecution of this case is closed except for consideration of the above matter.
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`Correspondence
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`Anyinquiry concerning this communication or earlier communications from the examiner should be directed to Mark
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`Fashoo, Ph.D. whose telephone numberis (571) 272-1197. The examiner can normally be reached on Jam-gpm EST, Monday - Friday.
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`if attempts to reach the examinerby telephone are unsuccessful, the examiner's supervisor, Michael Colaianni can be
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`reached on (071) 272-1196. The fax phone numbertor the organization where this application or proceedingis assigned is 703-872-
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`9306.
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`Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR)
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`system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for
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`unpublished applicationsis available through Private PAIR only. For mare information about the PAIR system, see http://pair-
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`direct.uspto.gov. ShouldyouhavequestionsonaccesstothePrivatePAIRsystem,contacttheeeCenter(EBC)at
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`866-217-9197 (toll-free).
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`Oct. {1,04
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`me
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`Mark Eashoo, Ph.D.
`Primary Examiner
`Art Unit 1732
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`ilo ad
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`REMARKS
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`The Examinerhas 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 claimsin a divisional application,
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`Respectfully submitted,
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`By:
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` fhe
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`Jennifér P. Yandy
`Registration No. 47,003
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`JONES, TULLAR & COOPER,P.C.
`P.O. Box 2266 Eads Station
`Arlington, VA 22202
`(703) 415-1500
`Dated: November3, 2004
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`beiakBiciabiniiote:o-.
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