DETAILED ACTION
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/27/23 has been entered.
Applicants' arguments have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn due to Applicant's amendments and/or arguments. The following rejections and/or objections are either reiterated or newly applied.
NEW REJECTIONS: NECESSITATED BY AMENDMENT
Claim Objections
Claims 19 and 36 are objected to because of the following informalities:
Claim 19, line 2 where “orderly spaced hydrophilic nanoplatelets” should read “the hydrophilic nanoplatelets which are orderly spaced”.
Claim 36, line 1 where “the plasticizer” should read “the at least one plasticizer”.
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, 23-24, 28-33, and 37 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 1 recites the limitation “the hydrophilic nanoplatelets”. There is insufficient antecedent basis for this limitation in the claim.
Similar rationale applies to claim 28, claim 29, and claim 30 for lack of antecedent basis for “the water-soluble polyvinyl alcohol”.
Similar rationale applies to claim 31 for lack of antecedent basis for “the water-soluble polyethylene oxide”.
Similar rationale applies to claim 31 for lack of antecedent basis for “the water-soluble sodium alginate”.
Similar rationale applies to claim 32 and claim 33 for lack of antecedent basis for “the water-soluble methylcellulose”.
Re claim 24 – Claim 24 recites that “the hydrophilic nanoplatelets are natural, modified, or synthesized vermiculites”. The scope of the claim is confusing given that claim 1 already recites that the hydrophilic nanoplatelets are trioctahedral smectites and given that vermiculites are not trioctahedral smectites.
Re claim 37– Claim 37 recites that the sealing layer comprises at least water-insoluble biodegradable polymer, such as polyhydroxyalkanoate (PHA), …”. In light of the “such as” language, the scope of the claim is confusing because it is not clear whether the limitations following “such as” are required to be met in the claim. See MPEP 2173.05(d).
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Re claim 23 – Claim 23, depends on claim 1, recites “wherein the hydrophilic nanoplatelets are natural, modifier, or synthesized smectites” while claim 1 recites the hydrophilic nanoplatelets are trioctahedral smectites.” Therefore, claim 23 fails to further limit the scope of the claim on which it depends given that claim 23 is broader than claim 1 with respect to the hydrophilic nanoplatelets.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the common
ownership statement. See the new ground of rejections above.
Conclusion
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TAMRA L. DICUS
Primary Examiner
Art Unit 1787
/TAMRA L. DICUS/Primary Examiner, Art Unit 1787