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 .
Election/Restrictions
2. Applicant’s election without traverse of Group 1, claims 1-11 and 19-20 in the reply filed on 9/8/2026 is acknowledged. Claims 12-18 are withdrawn.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 11/13/2023, 4/1/2026 and 9/8/2026 were filed timely. The submission is 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 § 102
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
5. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
6. Claims 1-11 and 19-20 are rejected under 35 U.S.C. 102(a)(1) and rejected under 35 U.S.C. 102(a)(2) as being anticipated by (US 2022/0055006 A1) to Elabbadi et al. (hereinafter Elabbadi).
Elabaddi is direct toward the production of polyamide based microcapsules. Elabaddi discloses at paragraph [0006] that the shell is formed by the reaction of an acyl chloride with at least one amino compound. Elabaddi discloses at paragraph [0007] that the acyl chloride is mixed with at least one hydrophobic material as a stabilizer. Elabaddi discloses at paragraph [0007] that an oil-in-water emulsion is formed by mixing with a water phase. Elabaddi discloses at paragraph [0007] that a curing step is performed to make the microcapsules. Elabaddi discloses at paragraph [0105] that a carbohydrate such as a sugar may be added as a stabilizer to the emulsion in either phase. Elabaddi discloses at paragraph [0129] that a polymer is added to either phase. Elabaddi discloses at paragraph [0106] that a protein may be the polymer added. Elabaddi discloses at paragraph [0113] that an amino acid of L-lysine may be added. Elabaddi discloses at paragraph [0133] that a pectin may be used. Elabaddi discloses at paragraph [0137] that the hydrophobic compound is a perfume. Elabaddi discloses at paragraph [0107] that whey protein may be used. Elabaddi discloses each and every element of claims 1-11 and 19-20.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D WASHVILLE whose telephone number is (571)270-3262. The examiner can normally be reached M-F 9-5.
8. 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.
9. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
10. 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.
/JEFFREY D WASHVILLE/Primary Examiner, Art Unit 1766
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