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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-9, in the reply filed on 1 July 2026 is acknowledged.
Claims 10-13 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1 July 2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 17 January 2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
Claim Objections
Claim 5 objected to because of the following informalities:
There appears to be a missing comma between dimethyldioctadecylammonium chloride and domiphen bromide.
Appropriate correction is 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.
Claim 5 is 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 5: In the instant claim one of the anionic surfactants is listed as “soap”. It is unclear what this is intended to be as soap does not typically describe a singular anionic surfactant.
Claim 5 contains the trademark/trade name Span. 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(b) or 35 U.S.C. 112 (pre-AIA ), 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. In the present case, the trademark/trade name is used to identify/describe sorbitan monooleate and, accordingly, the identification/description is indefinite.
Claim 5 contains the trademark/trade name Triton X-100. 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(b) or 35 U.S.C. 112 (pre-AIA ), 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. In the present case, the trademark/trade name is used to identify/describe t-octylphenoxypolyethoxyethanol and, accordingly, the identification/description is indefinite.
Claim 5 contains the trademark/trade name Tween 80. 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(b) or 35 U.S.C. 112 (pre-AIA ), 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. In the present case, the trademark/trade name is used to identify/describe polysorbate 80 or polyoxyethylene sorbitan monooleate and, accordingly, the identification/description is indefinite.
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang et al. (KR100372185B1, English translation provided, hereinafter referred to as “Hwang”).
As to Claim 1: Hwang teaches a composition consisting of 10 parts by weight surfactant mixed with diesel fuel (i.e., oil) [0046]. As Hwang teaches a composition containing all the claimed ingredients it is considered as capable of use as a dehumidifying composition.
As to Claim 2: Hwang teaches the composition of Claim 1 (supra). Hwang teaches that the composition is mixed (i.e., dispersed) [0046].
As to Claim 3: Hwang teaches the composition of Claim 1 (supra). The instant claims are drawn to a product-by-process limitation which is considered for the structure implied by the steps and not the manipulations of the recited steps (See MPEP § 2113). Hwang teaches that the composition is mixed (i.e., dispersed) [0046].
As to Claim 4: Hwang teaches the composition of Claim 1 (supra). The instant claim limitations appear to be drawn to properties of the composition when it is used in specific ways. However, the instant claim is drawn to a composition and as it contains all the claimed ingredients it is considered to meet the properties recited.
As to Claim 5: Hwang teaches the composition of Claim 1 (supra). Hwang further teaches that the oil is diesel fuel which contains aromatic oil [0046] and that the cationic solvent can be CTAB (i.e., cetrimonium bromide) [0029].
As to Claim 6: Hwang teaches the composition of claim 1 (supra). The instant claims are drawn to a product-by-process limitation which is considered for the structure implied by the steps and not the manipulations of the recited steps (See MPEP § 2113). Hwang teaches that the composition includes 10 parts by weight surfactant [0046].
As to Claim 7: Hwang teaches the composition of claim 1 (supra). Hwang further teaches that the composition can include multiple surfactants [0029]. The sequential addition of the surfactants is considered to be a product-by-process limitation which is considered for the structure implied by the steps and not the manipulations of the recited steps (See MPEP § 2113).
As to Claim 8: Hwang teaches the composition of claim 1 (supra). The instant claims are drawn to a product-by-process limitation which is considered for the structure implied by the steps and not the manipulations of the recited steps (See MPEP § 2113). Hwang further teaches that the composition can include multiple surfactants of different types [0029].
As to Claim 9: Hwang teaches the composition of claim 1 (supra). Hwang further teaches that the surfactant is added in an amount of 10 parts by weight or 10 weight percent with respect to the oil [0046].
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J OYER whose telephone number is (571)270-0347. The examiner can normally be reached 9AM-6PM EST M-F.
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/Andrew J. Oyer/Primary Examiner, Art Unit 1767
Prosecution Insights