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 .
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 1-5 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.
Independent claim 1 is not as clear as it could be in regards to the metes and bounds of what is meant by: “an aqueous solvent.” The issue revolves around the fact that Applicant’s specification and all the examples use water-soluble solvents (e.g. alcohols, such as ethanol) as the “aqueous solvent”. The Examiner thus suggest that independent claim 1 be clarified in regards to the metes and bounds of the: “an aqueous solvent” component (actually refers to water, a water-soluble solvent or a mixture thereof).
Claims 2-5 are also being rejected here because they are either directly or indirectly dependent on rejected independent claim 1.
Claim Rejections - 35 USC § 102
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.
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.
Examination Note:
Applicant’s dependent claim 5 sets forth the limitation of wherein the dental impression material is an alginate impression material. Said limitation is deemed to be moot, because independent claim 1 is drawn to a dental separation material which is usually applied to a patient’s teeth, and NOT to the moldable impression material itself.
Claim(s) 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 109385166 A (abstract).
CN 109385166 A discloses lubricant coatings that have anti-corrosion and wear resistant properties. The lubricant is a mixture of microcrystalline wax and zinc stearate in a weight ratio of 1:2. The organic solvent is a mixture of xylene and ethyl acetate in a weight ratio of 1-2:1. Preferred Method: The thermally conductive filler is formed by mixing titanium white powder, nano zinc oxide, and silicon nitride whiskers in a weight ratio of 1-3:1:1.The heat conductive filler is prepared by comprises mixing titanium white powder, nano zinc oxide and silicon nitride whisker uniformly, and uniformly stirring with 2-3 times weight of an ethanol solution of 8-10% stearic acid, performing calcination at 90-100° C.. Applicant’s claims are deemed to be directly anticipated over said ethanol solution containing 8-10% stearic acid.
Claim(s) 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 06056621 (abstract).
JP 06056621 discloses a component of a wax separating agent which comprises a vegetable fatty acid, glycerol and water. Applicant’s claims are thus anticipated over said composition.
Claim(s) 1-5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KR 2021112820 A.
KR 2021112820 A discloses a shuttlecock softener composition comprising 10-40 wt.% fatty acid compound(s) and 60-90 wt.% volatile solvent. As way of illustration, a shuttlecock softener composition was made that comprised a mixture of fatty acids by blending 40-44 wt.% oleic acid, 35-42 wt.% linoleic acid, 5-9 wt.% palmitic acid, 3-9 wt.% stearic acid, and 5-11 wt.% α -linolenic acid, using methanol or ethanol as a solvent, and blending 10-40 wt.% of said fatty acid mixture with 60-90 wt.% volatile solvent (i.e. methanol or ethanol). Applicant’s claims are deemed to be anticipated over said shuttlecock softener compositions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH DAVID ANTHONY whose telephone number is (571)272-1117. The examiner can normally be reached M-F: 10:00AM-6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie (Lanee) Reuther can be reached at 571-270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH D ANTHONY/Primary Examiner, Art Unit 1764