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 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.
DETAILED ACTION
Status of claims
The amendment filed on 05/05/2026 is acknowledged. Claims 1-16, 20, 22-24, and 27-32 have been canceled. Claims 17-19, 21, 25, and 26 are under examination in the instant office action.
Rejections withdrawn
Applicant’s amendments and arguments filed on 05/05/2026 are acknowledged and have been fully considered. Any rejection and/or objection not specifically addressed below is herein withdrawn. Applicant’s amendments have overcome the 35 U.S.C. 103(a) rejections of claims 17 and 22-26 over Chipman et al. (US 2022/0338585 A1), Lotti (US 2023/0284724 A1), and Raineau (US 2011/0146702 A1) and of claims 18-21 over Chipman et al. (US 2022/0338585 A1), Lotti (US 2023/024724 A1), Raineau (US 2011/0146702 A1), Wang et al. (Caramel stickiness: Effects of composition, rheology, and surface energy, Journal of Food Engineering, Volume 289, January 2021, 110246), and Go et al. (JP 2020084058 A) from the previous Office Action. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set of rejections and/or objections presently being applied to the instant application.
New ground of rejections necessitated by Applicant’s amendment
The amendments necessitate the following new ground of rejections.
Claim Objection
Claim 17 is objected to because of the following informalities: “of” is missing in front of “liquid polybutene”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 17-19, 21, 25, and 26 are rejected under 35 U.S.C. 112(a), as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 17 introduces new matter as the claim recites the limitations: "about 25% by weight of the composition of a first part of the composition” and “0% to about 1% by weight of the composition of a chelating agent”. There is no support in the specification for the limitation "about 25% by weight of the composition of a first part of the composition” and any combination of liquid polybutene + acrylic polymer + a saccharide adhesive being 25% by weight and there is no support in the specification for the limitation of “0% to about 1% by weight of the composition of a chelating agent”. There is no guidance in the specification to select "about 25% by weight of the composition of a first part of the composition” and “0% to about 1% by weight of the composition of a chelating agent” and from MPEP 2163.06: “Applicant should therefore specifically point out the support for any amendments made to the disclosure.” Applicant has not directed the Examiner to the support in the specification for the amendments. Therefore, it is the Examiner’s position that the disclosure does not reasonably convey that the inventor had possession of the subject matter of the amendment at the time of filing of the instant application. Claims 18, 19, 21, 25, and 26 are rejected as dependent claims of a rejected claim.
Conclusion
No claims are allowed.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HONG YU whose telephone number is (571)270-1328. The examiner can normally be reached on 9 am - 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ali Soroush can be reached on 571-272-9925. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HONG YU/
Primary Examiner, Art Unit 1614
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