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 .
In view of the amendment, previous 112(b) rejections on claims 23-25 are hereby withdrawn.
In view of the amendment, previous 102(a)(1) and 103 rejections over Wolf et al (EP 1 027 880 A2) are hereby withdrawn: Wolf does not teach or suggest instant composition of claim 1 consisting of at least one antiperspirant active ingredient, which comprises 1-hexylpyridinium chloride, and water (Wolf’s alkylpyridinium salt has the following chemical formula
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129
163
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, in which R5 is an alkyl group of 10-18 carbon atoms and X- can represent a halide (such as chloride), and such compound does not teach or suggest instant 1-hexylpyridinium chloride since the R5 group of the formula shown above cannot be an alkyl group of 6 carbon atoms).
In view of the amendment, previous 103 rejection over Hoeffkes et al (DE 10 2005 026 355 A1) and previous 103 rejection over Hoeffkes et al (DE 10 2005 026 355 A1) in view of Woehrmann et al (US 2011/0044923 A1) are hereby withdrawn: Hoeffkes or Hoeffkes in view of Woehrmann does not teach or suggest instant composition of claim 23 consisting of at least one antiperspirant active ingredient comprising an ionic liquid having at least one cation and at least one anion and water, wherein the at least one cation is a pyridinium cation having one or more substituents, of which at least one substituent is an alkyl substituent having a chain length of 4 carbona atoms, and wherein the at least one anion comprises chloride.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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 1, 5, 6, 11, 17, 21 and 22 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.
Applicant amended claim 1 to incorporate the previously indicated allowable subject matter of claim 4 (see under “Status of Claims” on the 1st page of applicant’s REMAKRS). Previously, claim 4 was indicated as allowable because claim 4 was drawn to a composition consisting of (i) at least one antiperspirant active ingredient, which comprises 1-hexylpyridinium chloride, and (ii) water (see Paragraph 17 of the last Office Action).
However, the way claim 1 is amended is confusing and the scope of the claim is indefinite. Currently, according to claim 1, the at least one antiperspirant active ingredient comprises an ionic liquid having at least one cation and at least one anion, wherein the at least one cation is pyridinium and has one or more substituents, of which at least one substituent is an alkyl substituent having a chain length of 1-10 carbon atoms, and wherein the at least one antiperspirant active ingredient comprises 1-hexylpyridinium chloride. Claim 1 is confusing because it first describes an ionic liquid broadly only to later limit the ionic liquid to a specific compound (1-hexylpyridinium chloride). Claim 1 is confusing also because it is unclear from the claim language whether the ionic liquid described broadly and the 1-hexylpyridinium chloride are the same or two separate entities (i.e., the claim language does not link the ionic liquid to 1-hexylpyridinium chloride).
In order to overcome instant 112(b) rejection, the Examiner would like to suggest applicant to amend claim 1 to change “wherein the at least one antiperspirant active ingredient comprises an ionic liquid, wherein the ionic liquid has . . . at least one substituent is an alkyl substituent having a chain length of 1-10 carbons, wherein the at least one antiperspirant active ingredient comprises 1-hexylpyridium chloride.” to --- wherein the at least one antiperspirant active ingredient comprises an ionic liquid, and wherein the ionic liquid is 1-hexylpyridinium chloride ---. (changing the claim this way makes it simple and clear while not excluding another ionic liquid to be included in the at least one antiperspirant active ingredient).
Claims 23-29 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.
The way claim 23 is amended is confusing and renders the scope of the claim indefinite. Claim 23 recites that the ionic liquid has at least one cation and at least one anion, wherein the at least one cation “is” pyridinium cation. This means that the ionic liquid of claim 23 has a pyridinium cation and at least one anion (i.e., there can be more than one anion). However, it is the Examiner’s understanding that a pyridinium cation has +1 charge and thus, there cannot be more than one anion.
In order to overcome instant 112(b) rejection and also to make the claim more simple and clear, the Examiner would like to suggest applicant to change claim 23 to state --- wherein the at least one antiperspirant active ingredient comprises an ionic liquid, wherein the ionic liquid has at least one cation and at least one anion, wherein the at least one cation is pyridinium cation having one or more substituents, of which at least one substituent is an alkyl substituent having a chain length of 4 carbon atoms, and wherein the at least one anion is chloride. ---.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIN J. LEE whose telephone number is (571)272-1333. The examiner can normally be reached on M-F 9 am-5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Kwon can be reached on 571-272-0581. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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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 .
/SIN J LEE/
Primary Examiner, Art Unit 1613
May 31, 2026
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