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 .
DETAILED ACTION
Claims 1, 4, 6-10, and 12-19 are pending. Claims 2, 3, 5, and 11 have been canceled. Note that, Applicant’s arguments and amendments filed July 1, 2026, have been entered.
Claims 13-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 20, 2025.
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 1, 2026, has been entered.
Objections/Rejections Withdrawn
The following objections/rejections as set forth in the Office action mailed 3/4/26 have been withdrawn:
The rejection of claims 1, 4, 6-10, 12, and 17 under 35 U.S.C. 103 as being unpatentable over JP2011084595 (See English Language Translation provided) in view of WO2019/083643 and WO96/18711, has been withdrawn.
Claim Objections
Claims 1, 4, 6-10, 12, and 17-19 are objected to because of the following informalities:
With respect to instant claim 1, lines 12 and 14, it is suggested that Applicant delete “including” and insert “comprising”.
With respect to instant claim 1, lines 18 and 25, it is suggested that Applicant insert “the group consisting of” after “selected from”.
With respect to instant claim 6, line 7, after “selected from” it is suggested that Applicant insert “the group consisting of”.
With respect to instant claim 6, line 11, it is suggested that Applicant delete “including” and insert “comprising”.
With respect to instant claim 6, line 27, after “selected from” it is suggested that Applicant insert “the group consisting of”.
With respect to instant claim 7, line 2, after “from” it is suggested that Applicant insert “the group consisting of”.
With respect to instant claim 9, line 2, after “from” it is suggested that Applicant insert “the group consisting of”.
With respect to instant claim 10, line 5, it is suggested that Applicant delete “and” and insert “or”.
With respect to instant claim 12, line 4, it is suggested that Applicant delete “and” and insert “or”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4, 6-10, 12, and 17-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With respect to instant claims 1 and 6, the specification, as originally filed, provides no basis for “an aromatic ethoxylated non-alkyl phenol alcohol or an aromatic non-alkyl phenol ethoxylated alcohol”. Thus, this is deemed new matter. Note that, instant claims 4, 7-10, 12, and 17-19 have also been rejected due to their dependency on claims 1 and 6.
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, 4, 6-10, 12, and 17-19 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.
With respect to instant claims 1 and 6, these claims are vague and indefinite in that these claims recite “an aromatic ethoxylated non-alkyl phenol alcohol or an aromatic non-alkyl phenol ethoxylated alcohol”, wherein these terms appear to be equivalent. Clarification is required. Note that, instant claims 4, 7-10, 12, and 17-19 have also been rejected due to their dependency on claims 1 and 6.
Response to Arguments
Note that, Applicant’s arguments are moot since all prior art rejection(s) set forth in the Office action mailed March 4, 2026, have been withdrawn and a new ground(s) of rejection has been made, as set forth above, which was necessitated by Applicant’s amendment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Remaining references cited but not relied upon are considered to be cumulative to or less pertinent than those relied upon or discussed above.
Applicant is reminded that any evidence to be presented in accordance with 37 CFR 1.131 or 1.132 should be submitted before final rejection in order to be considered timely.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY R DEL COTTO whose telephone number is (571)272-1312. The examiner can normally be reached M-F, 8:30am-6:00pm, EST.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY R DELCOTTO/Primary Examiner, Art Unit 1761
/G.R.D/September 21, 2026
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