DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant’s election without traverse of Group 1, claims 1-31 in the reply filed on 9/17/2025 is acknowledged. Claims 7-9, 13-14, 22-26, 28 and 32 are withdrawn from prosecution.
Information Disclosure Statement
3. No IDS submitted.
Claim Rejections - 35 USC § 112
4. 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.
5. Claim 21 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. The use of “or even” renders the claim indefinite.
Claim Rejections - 35 USC § 102
6. 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.
7. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
8. Claims 1-6, 10-12, 15-19, 21, 25-27 and 29-31 are rejected under 35 U.S.C. 102(a)(1) and rejected under 35 U.S.C. 102(a)(2) as being anticipated by the prior art reference (US 20210207317 A1) to Sasaki et al. (hereinafter Sasaki).
Sasaki is directed to articles of manufacture with a delivery particle. Sasaki discloses at paragraph [0004] of a microcapsule for use in laundry. Sasaki discloses at paragraph [0006] of a core with a wall forming the shell. Sasaki discloses at paragraph [0012] of the core being a benefit agent. Sasaki discloses at paragraph [0015] of a polyurea shell being formed by the reaction with a polyisocyanate. Sasaki discloses at paragraph [0020] of a consumer product of a laundry detergent. Sasaki discloses at paragraph [0028] of the surface of the shell has a zeta potential of at least 10 mV. Sasaki discloses at paragraph [0035] of an amine to form the shell that include a chitosan. Sasaki discloses at paragraph [0037] of an amphoteric amine of a gelatin. Sasaki discloses at paragraph [0063] of poly(acrylate-co-acrylamide). Sasaki discloses at paragraph [0071] of a diacrylate or acrylamide monomer. Sasaki discloses at paragraph [0073] of anionic emulsifiers. Sasaki discloses at paragraph [0015] of a size of 0.1 to 1000 microns, which reads on 5 to 150 microns. Sasaki discloses at paragraph [0006] of a slurry of microcapsules. Sasaki discloses each and every element of claims 1-6, 10-12, 15-19, 21, 25-27 and 29-31.
Claim Rejections - 35 USC § 103
9. 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.
10. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
11. Claims 1-6, 10-12, 15-19, 21, 25-27 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over (US 20210207317 A1) to Sasaki et al. (hereinafter Sasaki).
Sasaki is directed to articles of manufacture with a delivery particle. Sasaki discloses at paragraph [0004] of a microcapsule for use in laundry. Sasaki discloses at paragraph [0006] of a core with a wall forming the shell. Sasaki discloses at paragraph [0012] of the core being a benefit agent. Sasaki discloses at paragraph [0015] of a polyurea shell being formed by the reaction with a polyisocyanate. Sasaki discloses at paragraph [0020] of a consumer product of a laundry detergent. Sasaki discloses at paragraph [0028] of the surface of the shell has a zeta potential of at least 10 mV. Sasaki discloses at paragraph [0035] of an amine to form the shell that include a chitosan. Sasaki discloses at paragraph [0037] of an amphoteric amine of a gelatin. Sasaki discloses at paragraph [0063] of poly(acrylate-co-acrylamide). Sasaki discloses at paragraph [0071] of a diacrylate or acrylamide monomer. Sasaki discloses at paragraph [0073] of anionic emulsifiers. Sasaki discloses at paragraph [0015] of a size of 0.1 to 1000 microns, which reads on 5 to 150 microns. Sasaki discloses at paragraph [0006] of a slurry of microcapsules.
It would be obvious to one skilled in the art at the time of the filing of the disclosure of Sasaki to select each and every element of claims 1-6, 10-12, 15-19, 21, 25-27 and 29-30.
Allowable Subject Matter
12. Claims 20, 24 and 31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
13. The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose a shell with the shell degradation properties claimed.
Conclusion
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D WASHVILLE whose telephone number is (571)270-3262. The examiner can normally be reached M-F 9-5.
15. 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.
16. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY D WASHVILLE/Primary Examiner, Art Unit 1766