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 .
Election/Restrictions
Applicant’s election without traverse of C12-22 fatty acid ester in the reply filed on 2026 February 23 is acknowledged. Due to no prior art against the composition, a search against the entire scope of claim 1 has been conducted.
Specification
The abstract of the disclosure is objected to because the abstract is two paragraphs.. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 2024 January 30 and 2025 November 20 were submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-28 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. The structural metes and bounds of a tetrahydric or higher polyol are unclear. Due to the polyol being part of the ester, it is critical to the composition. The only supplied limitation is that 4 or more hydroxyl groups are present. The metes and bounds of the other part of the polyol are critical because the claims do not give guidance with respect to how the hydroxyl groups are related to each other in the polyol.
LENTH (Industrial and Engineering Chemistry, 1945 37(2), 152-157) describes three different polyols (page 152) that show different groups interconnect four through six hydroxyl groups..
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MATTA (Physical Review B, 2008, 085436-1 to 085436-8) describes two different polyols with different groups that interconnect four and six hydroxyl groups (page 085436-2, figure 1).
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Due to the lack of structural information that interrelates four or more hydroxyl groups and the different structures, claims 1-28 are unclear.
Regarding claims 20 and 28, the phrase "such as" renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. The claim is unclear because it is unclear is the environmental elements are limited to rain or wind or stress received from a natural environment broadly. See MPEP § 2173.05(d).
Conclusion
Claims 1-28 are not allowed.
The following is a statement of reasons for the indication of allowable subject matter: MECHREZ (WO 2022201164, published 2022 September 29) describes a composition with silica particles. Since this composition does not contain a fatty acid ester or an unsaturated fatty acid, it is not prior art.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOBLE E JARRELL whose telephone number is (571)272-9077. The examiner can normally be reached 9:00 AM to 5:00 PM.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699
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