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. Applicants’ election without traverse of Group I (claims 1-7 and 13-16; “a multi-walled water-in-oil-in-water nanoencapsulate” and “a composition”) in the reply filed on 07/31/2026 is acknowledged.
3. Claims 8-12 and 17-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/31/2026.
Response to Preliminary Claim Amendment filed 11/30/2023
4. New claims 15 and 16 were added, which are supported by paragraphs [0095] and [0160], of applicants’ published application, i.e., US PG PUB 2024/0277617.
Thus, no new matter is present.
Claim Objections
5. Claims 1-5, 13, and 15 are objected to because of the following informalities:
As to Claim 1: The applicants are advised to replace the claimed phrase “the main chains of both prepolymers comprises” with “the main chains of both prepolymers comprise” (Emphasis added).
The applicants are also advised to replace “two end terminals functional groups “with “two-end terminal functional groups” (Emphasis added).
The applicants are further advised to replace “the two-ended terminal” with the new phrase “the two-end terminal”.
As to Claim 2: Consistent with paragraph [0089] of applicants’ published application, i.e., US PG PUB 2024/0277617, the applicants are advised to replace the claimed term “with” with the new phrase “wherein the nanoencapsulate has”.
As to Claims 3 and 15: The applicants are advised to add the phrase “the group consisting of” after the claimed “group selected from” to use proper Markush claim language consistent with MPEP section 2173.05 (h).
The applicants are also advised to replace “the polyurethane-polyurea polymeric walls” with the new phrase “the first and second polyurethane-polyurea polymeric walls”.
As to Claims 4 and 5: The applicants are advised to replace “Polyisocyanate” with “polyisocyanate”.
The applicants are also advised to replace “polyalcohol a1 (disulfide bonds)” with the new phrase “polyalcohol a1) comprising disulfide bonds”.
As to Claim 13: The applicants are advised to replace the claimed phrase “a nano encapsulate” with “the multi-walled water-in-oil-in-water nanoencapsulate” to be consistent with the language used in claim 1, on which claim 13 depends from.
Appropriate corrections are required.
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.
6. Claims 1-7 and 13-16 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.
As to Claim 1: It recites, among other things, “the water” (Emphasis added). It is not clear whether “the water” is referring to the water inside the internal water droplets, or additional/new water. Clarification in the next response will be helpful to better ascertain the scope of this claim.
As to Claims 4 and 5: It is not clear whether the limitations, “polyethylene” and “hydrophobic tailored” surrounded by parenthesis are required by the claims or not.
It is also unclear whether claim 5 is limited to the broader “polyol-polyamine d2)” or the more specific “diol-polyamine d2)”.
As to Claims 6 and 16: Claim 1, on which claims 6 and 16 directly or ultimately depend on, recite “oil droplets” (plural version). However, claims 6 and 16 recite “oil droplet” (singular version”. Thus, it is not clear whether “oil droplet” recited in claims 6 and 16 refer to all or one of the oil droplets recited in claim 1.
As to Claim 14: As recited, it is not clear whether “carriers” recited in claim 14 are referring to the same “carriers” recited in claim 13, on which claim 14 depends on, or are additional/different carriers.
It is further noted that since claims 2-3, 7, 13, and 15 are ultimately or directly dependent on claim 1, they are rejected along with claim 1 for the reasons set forth above, including those that are indefinite.
Accordingly, the scope of these claims is deemed indefinite.
7. For record, it noted that there are no prior art rejections of present claims 1-7 and 13-16 at this time.
8. The prior art made of record, namely, WO 01/788881 (hereinafter referred to as “WO ‘888”), and not relied upon is considered pertinent to applicants’ disclosure. Specifically, WO ‘888 only discloses encapsulated water-in-oil-in water multiple emulsion comprising a continuous aqueous phase having dispersed therein oil phase droplets wherein each oil phase droplet contains an inner dispersion of aqueous phase droplets, a water-soluble or water-dispersible active material being dissolved or dispersed in the inner dispersion of aqueous phase droplets and at least one the inner dispersion of aqueous phase droplets and the oil phase droplets being encapsulated within a polymer wall material (Page 1, lines 19-27).
Correspondence
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANNAH J PAK whose telephone number is (571)270-5456. The examiner can normally be reached 8-5 PM; M-F.
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, 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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/HANNAH J PAK/Primary Examiner, Art Unit 1764
1 Cited in the IDS submitted by applicants on 12/06/2023.
