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 .
DETAILED ACTION
Election/Restrictions
Claims 1-19 are pending.
Applicant’s election of Group I, claims 1-10, and 15-17, and species geraniol, beeswax, gum Arabic, triethylcitrate, and ethanol, in the reply filed on 2/26/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)).
Claims 11-14, 18, and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claims 1-10, and 15-17 are examined on the merits.
Claim Objections
Claim 16 is objected to because of the following informalities: Claim 16 recites “DIPG monomethyl ether” at lines 2-3 from the bottom, which is incorrect. Applicant should recite the full chemical name of the abbreviation.
Claim Rejections –35 USC § 112, 2nd
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 4 and 17 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 4 (at line 3) recites the trademark/trade name “IR3535[Symbol font/0xD2]” (at line 3) and “(MGK repellent 11)” (at line 13). Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112, second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. Applicant is required to provide full generic chemical names of the reagents that are used in the claims since IR3535[Symbol font/0xD2] or “MGK repellent 11” does not tell one of ordinary skills in the art exactly what is in the compounds and such trademark can change the compositions at any time.
Claim 4 (at line 24) recites parenthetical expression "(including valvular pathology)". Claim 17 (at line 4) recites “(1,3-butanediol)”. The metes and bounds of Claims 4 and 17 are rendered vague and indefinite by the parenthetical recitation of "(Spinosyn A)” or “(1,3-butanediol)” because it is unclear as to whether the limitation is part of the instantly claimed subject matter.
Regarding claim 4, the phrase "like"(at line 12 from the bottom) and “such as” (2nd line from the bottom) render the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Therefore, the metes and bounds of claims are rendered vague and indefinite. The lack of clarity renders the claims very confusing and ambiguous since the resulting claims do not clearly set forth the metes and bounds of the patent protection desired.
All other cited claims depend directly or indirectly from rejected claims and are, therefore, also, rejected under U.S.C. 112, second paragraph for the reasons set forth above.
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)(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.
Claims 1-5, 7, 8, and 10 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Bryce et al (US 3479428 A) (see IDS filed on 1/31/24).
Bryce et al teach an insect repellant cream (thus for use as an arthropod control product by application directly on a target arthropod and/or application to an area of habitation of an arthropod) comprising 10% castor oil (thus an oil-miscible co-solvent, thus claim 7 is met), 15% DEET (thus oil-soluble arthropod control agent, thus claims 2 and 4 are met), 10% glyceryl monostearate (thus a weighting agent or a viscosifier, thus claim 10 is met), thus claim 2% stearic acid (thus a solid lipid material, thus claim 3 is met) 0.15% methyl p-hydroxybenzoate (thus a stabilizer), 1% triethanolamine (thus a hydrophilic active, thus claim 5 is met), 0.25% cellosize QP 15000 (thus an oil-miscible co-solvent, thus claim 7 is met), 2% polychol 5 (thus water-miscible co-solvent, thus claim 8 is met) and water etc. (Example 10). Bryce et al teach the liquid water-in-oil cream form (col 2, last paragraph) (thus oil-in water emulsion with a dispersed oil phase and a continuous aqueous phase).
Therefore, the reference is deemed to anticipate the instant claim above.
Claims 1-8, 10, and 15 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Mafra-Neto et al (US 2016128327 A1) (see IDS filed on 1/31/24).
Mafra-Neto et al teach a composition for affecting dipteran hematophagous parasites comprising: at least one dipteran semiochemical; and at least one phagostimulant (see claim 1), wherein the semiochemical is a sand fly repellant (thus for use as an arthropod control product by application directly on a target arthropod and/or application to an area of habitation of an arthropod) (see claim 5); wherein the substrate is selected from the group consisting of a wax emulsion, etc. (see claim 7); wherein the substrate is a wax emulsion comprised of a wax carrier selected from the group consisting of beeswax, etc. (see claim 8) (thus solid lipid material, thus claim 6 is met). The composition of claim 8, wherein the wax emulsion comprises: 30% by weight paraffin wax (thus solid lipid material, thus claim 3 is met, thus a non-vegetable wax, thus claim 6 is met); 4% by weight soy oil (thus soybean oil, thus claim 4 is met); 2% by weight sorbitan monostearate (thus a weighting agent or a viscosifier, thus claim 10 is met); 1% by weight vitamin E (thus oil miscible, thus claim 7 is met); and 58% by weight distilled water (see claim 9) (thus oil-in water emulsion).
Mafra-Neto et al teach the composition of claim 1 comprising: linalool 5%-25% by weight; phenylacetaldehyde 5%-45% by weight; β-myrcene 0%-50% by weight; citronella oil 5%-45% by weight; eucalyptol 5%-25% by weight; geraniol 10%-20% by weight (thus oil-soluble arthropod control agent, thus claims 2 and 4 are met); camphene 5%-30% by weight; ocimene 1%-45% by weight; anethole 5%-45% by weight; anisic acid methyl ester 0%-25% by weight; phenethyl alcohol 1%-35% by weight (thus water miscible, thus claim 8 is met); caryophyllene 2%-20% by weight; 4-methoxybenzyl alcohol 1%-15% by weight; methyl salicylate 0.1%-20% by weight; γ-terpinene 1%-45% by weight; α-terpinene 1%-45% by weight (thus oil miscible, thus claim 7 is met); limonene 5%-30% by weight; BHT 1%-25% by weight; dipentene 1%-15% by weight; sugars 5%-60% by weight; thickeners 0.5%-5% by weight (thus a viscosifier, thus claim 10 is met); preservatives 0%-2% by weight; antioxidants 0.1%-15% by weight; sunlight stabilizer 0.1%-10% by weight (thus the claimed stabilizer); wax 2%-40% by weight (thus overlaps with the claimed range in claim 15); emulsifier 0.5%-5% by weight; soybean oil 1%-40% by weight; and liquid carrier 1%-70% by weight (see claim 13). The method of claim 16, wherein the composition further comprises a pesticide (see claim 18). The method of claim 15, wherein the composition is administered in a form selected from the group consisting of a sprayable form etc. (see claim 21).
Therefore, the reference is deemed to anticipate the instant claim above.
Claims 1, 4, 9, and 15 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kharat et al (Kharat et al, Fabrication and characterization of nanostructured lipid carriers (NLC) using a plant-based emulsifier: quillaja saponin. Food Research International (2019), Volume 126, 108601).
Kharat et al teach: Nanostructured lipid carriers (NLCs) are a type of colloidal delivery system that was developed in the pharmaceutical industry to combine the advantages and eliminate the shortcomings of oil-in-water (O/W) nanoemulsions and solid lipid nanoparticles (SLNs) (thus the claimed solid lipid material). The hydrophobic core of the particles within NLCs consists of a solidified fat phase with a partially disorganized structure, which inhibits morphological changes and bioactive expulsion. In the present study, we formulated NLCs using a hot-homogenization approach using fully hydrogenated soybean oil (thus claim 4 is met) (HSO) (thus the claimed oil-soluble arthropod control agent) as the lipid phase and quillaja saponins (thus claim 9 is met) as a natural surfactant (thus the claimed stabilizer). The NLCs formed had a low viscosity and milky white appearance similar to that of O/W nanoemulsions (see Title, Abstract) (thus the claimed dispersed oil phase, and a continuous aqueous phase)
The intended use of the composition was analyzed for patentable weight. It is deemed that the preamble ‘breathes life’ into the claims in that the prior art product must not be precluded for use as an arthropod control product by application directly on a target arthropod and/or application to an area of habitation of an arthropod. It is deemed that the composition disclosed by the cited reference is not precluded for carrying out the intended function of the claims.
Therefore, the reference is deemed to anticipate the instant claim above.
Claims 1-10, and 15-17 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Gan et al (US 20160158143 A1).
Gan et al teach a topical skin care composition comprising: (a) an effective amount of Rhododendron ferrugineum (alpine rose) leaf extract for reducing (1) cyclo-oxygenase 1 activity, (2) cyclo-oxygenase 2 activity, and (3) lipoxygenase activity in skin; (b) an effective amount of Oenothera biennis (evening primrose) seed extract (thus the claimed oil-soluble arthropod control agent) for increasing type I collagen production in skin; (c) an effective amount of trifluoroacetyl tripeptide-2 for increasing type I collagen production in skin; and (d) a cosmetically acceptable vehicle (see claim 51). Gan et al teach the topical skin care composition of claim 51, comprising 0.01 to 2 wt. % of Rhododendron ferrugineum (alpine rose) leaf extract, 0.1 to 2 wt. (thus claim 2 is met) % of Oenothera biennis (evening primrose) seed extract, and 0.0001 to 2 wt. % of trifluoroacetyl tripeptide-2 (see claim 52). Gan et al teach the topical skin composition of claim 53, wherein the cosmetically acceptable vehicle comprises: 50 to 75 wt. % water; 1 to 15 wt. % glycerin (thus the claimed glycerol, thus claim 17 is met); 0.1 to 0.5 wt. % acrylates/C10-30 alkyl acrylate crosspolymer; 0.05 to 0.15 wt. % disodium ethylenediaminetetraacetic acid; 0.1 to 1.5 wt. % triethanolamine; 2 to 5 wt. % polydimethylsiloxane (thus a silicone oil, thus claims 7 and 16 are met); and 0.5 to 1 wt. % polymethyl methylacrylate (see claim 54). The topical skin composition of claim 59, wherein the composition comprises: 2 to 10 wt. % butyrospermum parkii (shea) butter (solid lipid material, thus claim 3 is met; thus claim 15 is met); 2 to 10 wt. % zea mays (corn) Germ oil (thus claim 4 is met; thus the claimed oil-soluble arthropod control agent); 1 to 7 wt. % pentylene glycol; 0.5 to 5 wt. % dimethicone (thus oil-miscible co-solvent, thus claim 7 is met); 0.5 to 5 wt. % glycerin (thus water-miscible co-solvent, thus claim 8 is met; thus a viscosifier, thus claim 10 is met, thus claim 17 is met); 0.1 to 3 wt. % triethanolamine (thus hydrophilic active, thus claim 5 is met); 0.1 to 3 wt. % polymethyl methacrylate; and 0.1 to 3 wt. % phenoxyethanol (see claim 60). Gan et al teach non-limiting examples of moisturizing agent that can be used with the composition include carnauba wax [0061] and [0062]. Gan et al teach the composition comprising Hydroxypropyl Cyclodextrin, etc. (thus claim 9 is met) (Table 9).
Therefore, the reference is deemed to anticipate the instant claim above.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIUWEN MI whose telephone number is (571)272-5984. The examiner can normally be reached on Monday-Friday 9:00 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anand Desai can be reached on 571-272-0947. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Qiuwen Mi/
Primary Examiner, Art Unit 1655