AKD EMULSION AND METHOD OF MAKING

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 . Response to Amendment The Declaration under 37 CFR 1.132 filed 8/26/2026 is sufficient to overcome the rejection of claims 1-3 and 5-10 based upon the art rejections under 103. The arguments in regards to the reference not teaching the corrected values have been found to be persuasive in view of the declaration. Additionally, the 112 rejection in view of the discussion of microns as compared to millimeters has been found to be persuasive. It is stated that there was a typo and that the intended sizing will be taken into consideration. The Declaration under 37 CFR 1.132 filed 8/26/2026 is insufficient to overcome the rejection of claims 1-3 and 5-10 based upon the new matter rejection in regards to the viscosity of the emulsion as set forth in the last Office action because: The Declaration merely addresses this unsupported limitations in section 10 of the Declaration by stating that the instant specification has good storage including low viscosity after 1, 2, or even 4 weeks at 32 C. This is not a sufficient showing for the specific numerical value of having a viscosity of less than 300 cps over 28 days at 32 C. Acknowledging the concept of low viscosity does not allow for the claiming of a specific range without direct support for the values. The 112 1st rejection of this limitation will be maintained. The art rejections previously applied will be withdrawn as they are not supported under the clarified declaration. Claim Rejections - 35 USC § 112 Claims 1-3 and 5-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The limitation of the emulsion having a viscosity of less than 300 cps over 28 days at 32 degrees C are not supported by the specification. The new limitations of a viscosity of less than 300 cps over 28 days at 32 C is also not supported. Most of the cited figures do not provide values for the viscosity at 28 days. There are three examples in figures 19 that shows a viscosity of 10.1 at 28 days at 32 C, Table 22 that gives values at either 27.5 or 7.4, and Table 29 that has one as unstable and the other at 14.64/13.67. None of these would provide support for the 300 cps being claimed. There are no discussions of the viscosity outside of the tables that provide values (that are assumed to be in the units of cps). There is a lack of support for the claimed range. Claims 2-3 and 5-10 are rejected based on their dependency on claim 1. Allowable Subject Matter Claims 11-21 are allowed. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB T MINSKEY whose telephone number is (571)270-7003. The examiner can normally be reached M-F 8-6 PM. 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 5712707475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. JACOB T. MINSKEY Examiner Art Unit 1741 /JACOB T MINSKEY/Primary Examiner, Art Unit 1748