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 .
Claims 1-10 are pending.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Takizawa et al (US Patent 4,908,233).
Regarding claims 1-5 8, Takizawa et al discloses the invention substantially as claimed. Takizawa et al teaches a microcapsule containing hydrous composition comprising (i) an electrolyte and (ii) microcapsules composed of a core material coated with a polymer (Col. 2, Lines 41-44). Takizawa et al further teaches 5-80wt% of the electrolyte in the composition (which overlaps the instantly claimed range of 2-10 or 2-5wt% sodium chloride) (Col. 3, Lines 11-12). Takizawa et al further teaches sodium chloride as an electrolyte (Col. 6, Lines 27-33). Takizawa et al further teaches the microcapsules can be obtained by a spray drying process (Col. 5, Lines 26-28). Takizawa et al further teaches producing an aqueous composition comprising a microcapsule comprising an oil residue of Rose Marie (which satisfies claimed perfume), mixing with sodium chloride for 2 hours to produce a microcapsule dispersion comprising 30wt% of the microcapsules which comprise 14.8wt% sodium chloride (Example 2). However, Takizawa et al fails to specifically disclose a preferred embodiment process as claimed with spray drying and the amount of water in the dispersion.
With regard to a preferred embodiment process as claimed with spray drying, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a process as claimed with spray drying in Takizawa et al as Takizawa et al teaches the claimed process of making microcapsules that comprise sodium chloride and that the microcapsules can be obtained by spray drying.
With regard to the amount of water in the dispersion, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the amount of water in the dispersion in Takizawa et al as Takizawa et al teaches 5-80wt% of sodium chloride in the composition mixture, with an exemplary process comprising 14.8wt% of sodium chloride in the microcapsule final product with the dispersion comprising 30wt% of the microcapsules, the remainder of the composition comprising water as it is an aqueous composition.
Allowable Subject Matter
Claims 6-7, 9-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Takizawa et al fails to specifically disclose mixing the sodium chloride and microcapsule with a mixer having a tip speed or powder to volume ratio as claimed. Takizawa et al also fails to specifically disclose a spray drying tower with inlet temperatures, spinning wheel nozzle or high pressure nozzle. There is found no support or guidance to provide claims 6-7, 9-10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANISHA DIGGS whose telephone number is (571)270-7730. The examiner can normally be reached Monday, Tuesday and Friday, 9:00AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TANISHA DIGGS/Primary Examiner, Art Unit 1761 June 25, 2026
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