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 Status
Claims 1-19 are pending and under consideration.
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.
Claims 1-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lorant (US 2011/0034408A1, published February 10, 2011, of record) in view of Pulce & Descotes (Human Toxicology, 1996), and Robin (US 2020/0399515A1, published December 24, 2020, of record).
The preamble of “toy blaster ammunition formulation” is given no patentable weight (see MPEP 2111.02). Claims are herein given their broadest reasonable interpretation.
Lorant teaches a cosmetic product composition in the form of an oil-in-water emulsion comprising in part at least one hydrophilic acrylic polymer (paragraphs [0010-0012]). Lorant’s preferred embodiment are neutralized crosslinked acrylic polymers (paragraph [0048]), and the art recites the inclusion of a superabsorbent polymer composed of 90% sodium polyacrylate and 10% water (trade name Cosmedia® SP) as claimed in the instant case. In particular, Lorant teaches examples of crosslinked acrylic polymers including crosslinked sodium polyacrylate containing 90% of dry substance and 10% of water (paragraph [0067]), as required by the instant claims.
Lorant does not teach the addition of a non-toxic bittering agent, such as denatonium benzoate, e.g., claims 1-4, 7, 10, 11, 13 and 15-17.
These deficiencies are made up for in the teachings of Pulce & Descotes, and Robin.
Pulce & Descotes teach that inclusion of bittering agents as deterrents to prevent ingestion is well-established. In particular, denatonium benzoate (trade name Bitrex®) is widely accepted as a preferred embodiment of bittering agent, often added to household products including cosmetics (Pulce & Descotes) to prevent accidental ingestion by children (page 698).
Robin teaches the introduction of a bittering agent to a cosmetic product to prevent abuse, specifically a bittering agent in the form of denatonium benzoate. Further, it is well-known in the art that the addition of denatonium benzoate as a bittering agent can be used to prevent ingestion of products infused with the compound. Robin teaches that denatonium benzoate can be detected by human taste at concentrations as low as 50 ppb in a vapor form (paragraph [0116]). Further, Robin teaches that this denatonium benzoate vapor concentration of 50 ppb is suitable to dissuade abuse of the cosmetic aerosol compositions outlined in the publication.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce a detectable concentration of 50 ppb denatonium benzoate into superabsorbent polymer-based gel beads to prevent ingestion of said beads as taught by Lorant in combination with Pulce & Descotes, and Robin. Robin teaches the detection threshold of 50 ppb as claimed in the instant claims 3-4, claim 10, and claims 15-17. This threshold could be applied with a reasonable expectation of success to potentially harmful gel beads consisting of the same composition as referenced by Lorant and commercially available as Cosmedia® SP.
One skilled in the art of polymers could use the known technique of bittering agent (e.g., denatonium benzoate) addition to prevent ingestion of products comprising 90% sodium polyacrylate and 10% water, such as gel beads comprising said combination. Therefore, the instant claims are prima facie obvious as the addition of an “improvement” via denatonium benzoate infusion would be obvious as an improvement to an already established composition of superabsorbent polymer gel beads consisting of aforementioned ratio of sodium polyacrylate and water (see MPEP 2143 (I)(C)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW RYAN BURKE whose telephone number is (571)272-8949. The examiner can normally be reached Mon-Thu. 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Blanchard can be reached at 5712720827. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW RYAN BURKE/Examiner, Art Unit 1619
/DAVID J BLANCHARD/Supervisory Patent Examiner, Art Unit 1619