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
An information disclosure statement was filed on 08/30/2023.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-6, 12, 14, 17-22 in the reply filed on 01/21/2026 is acknowledged.
Claims 23, 24, and 26-29 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 01/21/2026.
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 1-6, 12, 14, and 17-22 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 sets out “an acid and/or salt and/or an ester of an acid”. What is an acid of an acid? Clarification is requested.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2017/0303537 (OMS).
Regarding claim 1, OMS discloses an herbal mixture [0009] comprising an acid and/or salt and/or ester of an acid. The composition may include a monocarboxylic fatty acid, an essential oil . The acid is a fatty acid and/or an organic acid [0009]. An example of suitable linear monocarboxylic fatty acids is caprylic acid, pelargonic acid, capric acid [0017].
With regard to claim 2, the organic acid has a formula of C2H2nO2. These include pelargonic, caprylic, capric [0017].
The organic acids of claim 3, are set out in [0017].
Regarding claim 4, the fatty acid may have a formula of CH3(CH2)nCOOH linear monocarboxylic fatty acids which are listed in [0017].
With regard claim 5, [0017} sets out C8 organic acids such as caprylic , a C9 organic acid such as nonanoic acid, and a C10 organic acid such as capric acid.
The claims are anticipated by OMS.
Conclusion
No claims are allowed.
US 20080153870 is cited as a document of interest in its disclosure of an herbicidal agent mixed with a carrier comprising mono alkyl ester of long chain fatty acids.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS A AZPURU whose telephone number is (571)272-0588. The examiner can normally be reached 9 am- 3 pm, 4 pm-8pm.
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/CARLOS A AZPURU/ Primary Examiner, Art Unit 1617 caz
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