DETAILED ACTION
This action is made second Non-Final to account for new indefiniteness rejections, below, over previously presented claims.
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Current Status of 17/777,910
This Office Action is responsive to the amended claims of 5 November 2025
Claims 1, 3-10, and 13-20 have been examined on the merits. Claims 1, 3, 10, and 13-14 are currently amended. Claims 4-9 and 15-20 are previously presented.
Priority
The effective filing date is 29 November 2019.
Response to Arguments
The Examiner acknowledges receipt of and has reviewed Applicants’ claim amendments and Reply of 5 November 2025.
Applicants revised claim 3 thereby rendering moot the claim objection made within paragraph 13 of the previous Office Action.
Applicants revised the claims thereby rendering moot the indefiniteness rejection made within paragraphs 14-16 of the previous Office Action.
Applicants revised claim 14 thereby rendering moot the indefiniteness rejection made within paragraph 17 of the previous Office Action.
New Rejection
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 6-7 and 17-20 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.
Claim 6 recites the limitation "a consumer product". There is insufficient antecedent basis for this limitation in the claim.
As drafted, “a consumer product” renders the metes and bounds of claim 6 undefined (hence rendering claim 6 indefinite under 35 USC 112(b)). The artisan has no idea where antecedent basis is to be found since claim 6 is drawn to a composition of matter (claim 6 is a composition of matter statutory category of claim whereas claim 1 is a method statutory category) while claim 1 is drawn to a method. Claim 1 and 6 are drawn to distinct statutory categories of claims.
Claims 7 and 17-20 are similarly rejected as indefinite under 35 USC 112(b) for the same rationale.
Conclusion
Claims 6-7 and 17-20 are rejected under indefiniteness, supra.
Claims 1, 3-5, 8-10, and 13-16 are allowable as written for the rationale stated within paragraphs 19-22 of the Non-Final Office Action mailed 22 August 2025.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN S KENYON whose telephone number is (571)270-1567. The examiner can normally be reached Monday-Friday 10a-6p.
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, Andrew D Kosar can be reached at (571) 272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN S KENYON/Primary Patent Examiner, Art Unit 1625
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