Claims 1-7 are pending in this application.
DETAILED ACTION
Notice of Pre-AIA or AIA Status
1 The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
2 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 1-7 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 indefinites because the Markush language of this claim is improper. The phrase “comprising ….” Should be followed by “A, B, C and D” or followed by “A, B, C or D” not followed by “A, B and C and D. Correction is required.
The examiner suggests the amendment of claim 1 by deleting the term “and” before “purified water” and after “water” insert “wherein the composition also comprises emollients, humectants, sunscreen and UV protectors in pharmaceutically effective amounts”.
Claim 4 recites the limitation “quaternary ammonium salts”. There is insufficient antecedent basis for this limitation in the claim. Correction is required.
Claim 6 indefinites because the claim recites the term “etc”. It is unclear what is mean by the term “etc”?. Is it means that other ingredients may be added to the claimed composition?. The claimed specification does not provide any guidance. Clarification or correction is required.
The examiner suggests the amendment of claim 6, by deleting the term “etc” and to insert the word “and” before the word “acids”.
Claims 2-3, 5 and 7 are dependent upon rejected base claim. Therefore, these claims are rejected as well.
Allowable Subject Matter
3 Claims 1-7 will be allowed, if the claims overcome the rejection under 112, second paragraph. The closest prior art of record (US 2019/0125634 A1) teaches a composition comprising cationic antimicrobial components include 0.3 to 0.1 wt.,% of alkyl dimethyl benzyl ammonium chloride, 0.1 to 2 wt.% cetyl hydroxyethylcellulose, 0.5 to 2 wt. % of the tertiary amine oxide surfactant, 1 to 12 wt. % of humectant (see page 13, paragraph, 0155) and water (see page 13, paragraph, 0156). However, the closest prior art of record (US’ 634 A1) does not teach or disclose an antiseptic composition comprising an alkyl dimethyl benzyl ammonium chloride, hydroxyethylcellulose, propylene glycol, Polyvinylpyrrolidone K3O, boric acid and amine oxide, all in the claimed amounts and water, and wherein the antiseptic composition also comprises emollients, humectants, sunscreens, UV protectors in pharmaceutically effective amounts as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EISA B ELHILO whose telephone number is (571)272-1315. The examiner can normally be reached Monday-Friday, 7:00 AM to 3:30 PM.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/EISA B ELHILO/Primary Examiner, Art Unit 1761
Prosecution Insights