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 .
Response to Amendment
Applicant’s amendment has overcome the rejections under 35 USC 102 over Toledano and Magdassi. Toledano and Magdassi fail to specifically teach the claimed shell thickness or encapsulating 2 or 3 times. A new rejection is presented under 35 USC 103 over Toledano in view of Moaseri as outlined below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Toledano (US 2010/0203121) in view of Moaseri (US 10,945,953).
With respect to claims 1-6, Toledano teaches a method of making microcapsules comprising forming a continuous aqueous phase containing an emulsifier and adding a dispersed phase containing a tetraethyl ortho silicate (TEOS) encapsulating compound and an active ingredient. The emulsifier can be cetyltrimethylammonium chloride (see examples 1 and 1b). Toledano teaches that stirring is optional, thus clearly implying that stirring is not needed (0062).
Toledano differs from the current claims in that the thickness of the outer wall is not specifies as being 0.01 to 1 micrometer and that the encapsulation is performed 2 or 3 times. Toledano does teach a thickness of the shell of about 8 nm, which is in close proximity to the 0.01 micrometers claimed. Moaseri teaches that it is known that the dissolution rate of microcapsules is dependent upon the thickness of the capsule shell (Column 15, lines 13-16). Given that the thickness of the shell is a result effective variable, it would be obvious to one of ordinary skill in the art to vary the thickness of the shell, including values such as 0.01 micrometer, which are close in scope to that disclosed by Toledano, in the invention of Toledano in order to control the release time of encapsulated material. With respect to the coating 2 or 3 times, it would be obvious to one of ordinary skill to coat the capsule as many times as necessary in order to have a shell of a desired thickness. Choosing to coat once, or a number of times in order to achieve a desired coating would be obvious to try, since such would give the predictable solution of forming the desired thickness, with a reasonable expectation of success (KSR, see MPEP 2141 III).
Regarding claim 4, Toledano teaches 1.45g (29% of 5g) in 880g total weight of the emulsion (example 1).
Regarding claim 7, Toledano teaches 70g encapsulant in 880g total weight emulsifier (example 1).
Regarding claim 8, Toledano teaches that the active ingredient may be a perfume or dye (claim 22).
Regarding claim 9, Toledano teaches a 1:1 ratio of for encapsulant and active ingredient (example 1b).
Regarding claim 10, Toledano teaches 28.6 parts by weight encapsulating agent and active ingredient (40g in 140g, see example 1b).
Regarding claim 11, Toledano teaches a preferred pH of 2-5 as a catalyst (0059).
Regarding claim 12, Toledano teaches particles having the claimed size (0031).
Regarding claim 13, Toledano teaches the use in a detergent (0171), and applicant’s intended use in laundry is not distinguishing (see MPEP 2114).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP C TUCKER whose telephone number is (571)272-1095. The examiner can normally be reached M-F 8-4:30.
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, Alexa Neckel can be reached at 571-272-2450. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP C TUCKER/Supervisory Patent Examiner, Art Unit 1745
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