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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner and an initialed copy is attached.
Priority
Receipt is acknowledged of the certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Claims 18-36 are allowable (see below for the objection and any outstanding 112 issues). The restriction requirement between Groups I-III , as set forth in the Office action mailed on 09/10/2025 , has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). The restriction requirement is hereby withdrawn as to any claim that requires all the limitations of an allowable claim. Specifically, the restriction requirement of 09/10/2025 is withdrawn. Claims 28-36, directed to compositions and methods are no longer withdrawn from consideration because the claim(s) requires all the limitations of an allowable claim.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claim Objections
Claim 22 is objected to because of the following informalities: “isa” in line 3 should be “is a”. 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.
Claims 18-36 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.
Claim 18 recites the limitation "the range" in lines 4 and 7 and claim 29 recites the limitation “the addition” in line 2. There is insufficient antecedent basis for this limitation in the claim.
The phrasing of claim 18 regarding is unclear as directed to component a) and b) – see the same phrase being repeated in in lines 7-13 and 15-22 (the limitations seem to be directed to two possible components, i.e. a) and b) which as subset of a) with an additional P2 component?). Clarification is urged.
Claim 18 recites the limitation of excluding the polyvinyl alcohol P2 in line 30; however, the limitation is indefinite since the referenced limitation a) does not seem to explicitly exclude the polyvinyl alcohol P2. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 18 recites the broad recitation polyvinyl alcohol composition a), and the claim also recites an exclusion of a component which can be construed as the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claims 19-36 are dependent on claim 18 thus inherit the same deficiencies. It is suggested that applicant amend the claims to clarify the specific components present.
Allowable Subject Matter
Claims 18-36 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
LABEQUE discloses a pouch/container that is water soluble and includes PVOH-based polymers and a dye; and
Kumaki discloses a polymer with PVOH and pentaerythritol acrylate but fails to disclose the dye nor the pouch/container.
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/TRI V NGUYEN/Primary Examiner, Art Unit 1764