DETAILED ACTION
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 .
The preliminary amendment filed on 8/12/2022 has been entered.
Election/Restrictions
Applicant's election with traverse of invention of Group I and Species 6, claims 1 and 10-14, in the reply filed on 7/11/2025 is acknowledged. The traversal is on the ground(s) that there is no search burden on the Examiner to search for the other Groups or Species. This is not found persuasive because Group II requires search in the area of cryogenic, kinetically active formulation, classified in CO9K5/045 and Group III relates to a method of preparing a cryogenic, kinetically active formulation, classified in F25D3/10. Claims 2-9, 15-16, 18-21, 28-31 and 34-48 are cancelled by the Applicant. Further, since the scope of the amended claim 17 is the same as claim 1 with regard to “said one or more liquid refrigerants are non-flammable liquid refrigerants, wherein the one or more non- flammable liquid refrigerants comprise 1,1,1,3,3-Pentafluoropropane (Honeywell HFC-245FA), and either or both trans-1,3,3,3-Tetrafluoroprop-1-ene (Honeywell Solstice 1234ZE), 1-Chloro-3,3,3-trifluoropropene (Honeywell Solstice 1233ZD)”, claims 17 and 22-27 are also examined in this Office Action. Regarding the amended method claim 33, the method of preparing a cryogenic, kinetically active formulation differs from the formulation of claims 1 and 17. In particular the method claim 33 cites: “said formulation in said package; wherein said one or more non-flammable liquid refrigerants comprise Honeywell Solstice propellant 1234ze and/or Honeywell Solstice performance fluid 1233zd and/or HFC-245FA”. It appears the formulation may require only one refrigerant among other available options. Therefore, claims 1, 10-14, 17 and 22-27 are examined in this Office Action and claims 33 and 49 are withdrawn from further consideration.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 14 is objected to because the limitation "external force” is referring to the previously cited same limitation in claim 1. The claim appears to have a double inclusion limitation. Appropriate correction is required.
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.
Claim 1, 10-14, 17, 22-27 and 32 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.
In claims 1 and 17, the term “high speed” renders the claim indefinite, since the term does not positively identify the boundary of the claimed invention with regard to “speed”.
In claim 14, the term “vigorously” does not add any clear and positive meaning to the scope of the claim and renders the claim indefinite.
In claims 1 and 17, the term “sufficient” renders the claim indefinite, since the term does not positively refer to a measured amount.
Claim Rejections - 35 USC § 102
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.
Claims 1, 10, 14, 17, 26-27 and 32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Robin (US 2019/0070447).
Regarding claim 1, Robin discloses a pressurized package (fig.1-4) comprising a formulation ([0084]), the formulation comprises one or more active agents ([0099]), which one or more active agents in the formulation is mixed at high speed under controlled pressure and temperature with one or more liquid refrigerants prior to being filled under pressure into said package ([0056]); wherein said one or more liquid refrigerants are added in sufficient amounts to be dispersed in the formulation ([0101]); wherein said pressurized package is under sufficient pressure suitable to maintain the one or more liquid refrigerants dispersed in the formulation ([0056]); and wherein said pressurized package is under sufficient pressure to expel said formulation as a cryogenic, kinetically active formulation upon application of external force on said formulation in said package ([0042] and [0056], application of force on aerosol); wherein said one or more liquid refrigerants are non-flammable liquid refrigerants ([0111]), wherein the one or more non- flammable liquid refrigerants comprise 1,1,1,3,3-Pentafluoropropane (Honeywell HFC-245FA), and either or both trans-1,3,3,3-Tetrafluoroprop-1-ene (Honeywell Solstice 1234ZE), 1-Chloro-3,3,3-trifluoropropene (Honeywell Solstice 1233ZD) ([0052], [0057], [0143]).
Regarding claim 10, Robin discloses said formulation is for topical application ([0056], [0100]).
Regarding claim 14, Robin discloses the package does not need to be shaken vigorously or at all to expel said formulation as a cryogenic, kinetically active formulation upon application of external force on said formulation in said package ([0056]; as an aerosol propellent the package does not need to be shaken).
Regarding claim 17, Robin discloses a cryogenic, kinetically active formulation expelled from a pressurized package ([0056], [0100-0101], [0099]), the formulation comprises one or more active agents ([0099]), which one or more active agents in the formulation is mixed at high speed under controlled temperature and pressure with one or more liquid refrigerants prior to being filled under pressure into said package and expelled from said package ([0056]); wherein said one or more liquid refrigerants are added in sufficient amounts to be dispersed in the formulation ([0056], use of the device requires sufficient amount); wherein said pressurized package is under sufficient pressure suitable to maintain the one or more liquid refrigerants dispersed in the formulation; and wherein said pressurized package is under sufficient pressure to expel said formulation as a foamlike, cryogenic, kinetically active formulation upon application of external force on said formulation in said package ([0042], [0056], application of force on aerosol); wherein said one or more liquid refrigerants are non-flammable liquid refrigerants ([0111]), wherein the one or more non-flammable liquid refrigerants comprise 1,1,1,3,3-Pentafluoropropane (Honeywell HFC-245FA), and either or both trans-1,3,3,3-Tetrafluoroprop-1-ene (Honeywell Solstice 1234ZE),1-Chloro-3,3,3-trifluoropropene (Honeywell Solstice 1233ZD) ([0052], [0057], [0143]).
Regarding claim 26, Robin discloses at least some of the refrigerants are liquid and the liquid refrigerants are solubilized in the formulation and small micro-pockets of liquid propellants are captured in the formulation ([0049]-[0052], [0058].
Regarding claim 27, Robin discloses said formulation is for topical application ([0056], [0100]).
Regarding claim 32, Robin discloses the one or more active agents are pain reduction products or skin tighteners ([0100]).
Claim Rejections - 35 USC § 103
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.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Robin (US 2019/0070447) in view of Davideit (WO 2015123511).
Robin discloses the dispensing package is a pressurized container with a valve ([0101], [0101]).
Robin is silent in disclosing the package is a bag on valve (BOV) pressurized assembly, comprising a two-way fill/dispensing valve, an attached internal high barrier bag affixed to said valve, and rigid container adapted to holding positive pressure affixed to the valve; said container is glass, barrier resin, metal/alloy, or another material capable of holding positive pressure; and the BOV pressurized assembly dispenses the formulation in a metered dispensing system. However, Davideit discloses the commonality of having a rigid pressurized container with a high barrier bag affixed to a two-way fill/dispensing valve and the rigid container adapted to holding positive pressure affixed to the valve ([0070]-[0073], also see fig.1-26); said container is glass, barrier resin, metal/alloy, or another material capable of holding positive pressure (the operation of the aerosol container requires the container being made of a material capable of holding positive pressure); and the BOV pressurized assembly dispenses the formulation in a metered dispensing system ([0083]). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to modify the pressurized container of Robin as such to include a BOV as taught by Davideit, in order to safeguard the product purity and extend the shelf life of the product.
Allowable Subject Matter
Claim 22-25 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.
State of the Prior Arts
Regarding claims 1 and 17, the prior arts to Robin (US 2019/0070447), Singh (CN 101155892 B), Bowman (CN 10,349,7351 A) and Knopeck (US 2006/0269484 A1) as cited in PTO-892 are also citing significant pertinent structures or features to the applicant’s claimed invention with regard to a pressurized package having one or more active agents mixed with one or more liquid refrigerants that are non-flammable liquid refrigerants comprise 1,1,1,3,3-Pentafluoropropane (Honeywell HFC-245FA), and either or both trans-1,3,3,3-Tetrafluoroprop-1-ene (Honeywell Solstice 1234ZE), 1-Chloro-3,3,3-trifluoropropene (Honeywell Solstice 1233ZD). It appears that claims 1 and 17 do not provide any inventive concept over the cited prior arts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob Zadeh whose telephone number is (571)270-5201. The examiner can normally be reached Monday-Friday 8am-4pm E.
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/BOB ZADEH/Primary Examiner, Art Unit 3754