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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 1-14-2026 has been entered.
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1, 4, 12-14 is/are rejected under 35 U.S.C. 102(a)(2) as being (a2) by Mathur et al (20200022934).
Mathur et al disclose at (Comparative ex. 1-2; claim 1; examples 1,3; tables 1-2) a composition suitable for hand disinfection comprising: a) an alcohol containing one to four carbon atoms: glycerin, propylene glycol b) anionic cross-linked polyelectrolyte (P): Carbomer - an oily phase consisting of an oil (H): mineral oil, C12-15 alkyl benzoate, silicone oil, cyclomethicone - water, - a water-in-oil type emulsifying system (S1): glyceryl monostearate c) a compound of formula (II)/ (S2): PEG-40 hydrogenated castor oil. Indeed , Carbomer is, according to the CTFA Cosmetic Ingredient Dictionary, 9th Ed., Ed. Pepe, Wenninger, Mc Ewen, Washington DC, 2002, polyacrylic acid crosslinked by an allyl ether (of pentaerythritol, sucrose or propylene). The composition is intended for disinfection (antiparasitic, paragraph [0004]). The composition is in spray form (claim 1).
As this reference teach all of the instantly required it is considered anticipatory.
Claim(s) 1, 4, 12-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Loeffler et al (2010/278763).
Loeffler et al disclose ([0228]) a composition suitable for hand disinfection comprising: a) an alcohol containing one to four carbon atoms: ethanol b) anionic cross -linked polyelectrolyte (P): polymer of ex. 15 - a fatty phase consisting of an oil (H): Benzophenone-4 - water, - a water-in-oil type emulsifying system (S1): Abil B 8851 (HLB=6-8) c) a compound of formula (II)/ (S2): PEG-40 hydrogenated castor oil.
As this reference teach all of the instantly required, it is considered anticipatory.
Allowable Subject Matter
Claims 2-3, 5-11, 15-20 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.
Conclusion
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/NECHOLUS OGDEN JR/ Primary Examiner, Art Unit 1761