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 1-20 are pending.
Restriction/Election of Species
Applicant’s election of Group I, claims 1-18 in the reply filed on 4/29/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Applicant’s election of i) maltobionic acid (ingredient contributing to the antiperspirant component) ii) lactic acid (alpha hydroxy acid) iii) isododecane (emollient) iv) glycerin (polyol) in the reply filed on April 29, 2026 is acknowledged.
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 29, 2026.
Consequently, claims 1-18 are under consideration to the extent of the elected species, e.g. maltobionic acid as the antiperspirant component, lactic acid as the alpha hydroxy acid, isododecane as the emollient, and glycerin as the polyol.
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.
Claims 15-16 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.
The term “essentially free” in claims 15-16 is a relative term which renders the claim indefinite. The term “essentially free” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claims do not specify what amount qualifies as “essentially free,” and therefore one skilled in the art would not be reasonably apprised of the metes and bounds of the claims.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 14 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 14 recites that the antiperspirant consists of gluconolactone and/or an acid thereof, however, base claim 1 is limited to gluconolactone. Thus, where the gluconolactone is an acid thereof, it would omit the gluconolactone and therefore doesn’t further limit the claim. Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 13, and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SO.DI.CO. (2020 published by Mintel, cited in IDS filed 11/8/24).
SO.DI.CO. manufactures and sells a deodorant spray that comprises gluconolactone, water (i.e. a carrier) and xanthan gum (i.e. a thickening agent) (see ingredients) (cf. claim 1). It therefore consists essentially of gluconolactone, as consisting essentially may further comprise other ingredients (cf. claim 13 and 17). The ingredients also do not mention any zinc, iron, zirconium, titanium, or magnesium-based actives, which can then be considered essentially free of (cf. claim 16). See AC Technologies S.A. v. Amazon.com, Inc., 912 F.3d 1358, 1367 (Fed. Cir. 2019) (“[A] reference need not state a feature’s absence in order to disclose a negative limitation.”); Sud-Chemie, Inc. v. Multisorb Techs., Inc., 554 F.3d 1001, 1004–05 (Fed. Cir. 2009).
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 and 7-18 are rejected under 35 U.S.C. 103 as being obvious over Guzman (US20230082090A1, published 3/16/2023, priority to 9/3/2021) in view of Yu (US20040180854A1, published 9/16/2004).
It is noted that Guzman is being applied as of its publication date as (a)(1) type prior art, and as of its earliest effectively filed date as (a)(2) type prior art.
The applied reference (Guzman) has a common assignee/applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Guzman teaches a personal care composition for sweat reduction comprising humectants, thickeners, alpha hydroxy acids, and a carrier. Further, the composition is free of added aluminum-based antiperspirant actives (abstract). Guzman teaches that the antiperspirant/deodorant composition can also comprise polyhydroxy acids, including gluconolactone, as well as galactose or lactobionic acid, in amounts ranging from about 0.05 to about 2 wt% (cf. claims 1 and 3-4) (par. [0070]). Carriers are also included in the composition, and are typically water or alcohols (cf. claim 1) (par. [0067]). The composition may further comprise an alpha hydroxy acid, wherein the alpha hydroxy acid is lactic acid in an amount from about 0.05 to about 2 wt% (cf. claim 5) (par. [0022]). As demonstrated by the abstract and mentioned above, the composition may also comprise a humectant, which may comprise vegetable refined glycerin in an amount from about 5 to about 30 wt% (cf. claim 7 and 12) (par. [0014-0015]). The composition may also comprise thickeners (par. [0058]). Thickeners are also categorized as structuring agents. The thickener may be present in about 1 to about 10 wt% (par. [0062]), and may be xanthan gum (par. [0059]) (cf. claims 8-9 and 12). The composition may also comprise preservatives that range from about 0.1 to about 10 wt%, and said preservatives may be caprylyl glycol, phenoxyethanol, butylated hydroxytoluene (BHT), ethylenediaminetetraacetic acid (EDTA), ethylhexylglycerin, citric acid, benzoic acid, and combinations thereof (par. [0063-0064]) (cf. claims 10-11). Finally, the disclosure claims that the composition is free of aluminum salts, and also free of zinc-based antiperspirant actives, iron-based antiperspirant actives, zirconium-based antiperspirant actives, titanium-based antiperspirant actives, and magnesium-based antiperspirant actives (abstract and claim 2) (cf. claims 15-16).
Regarding claims 13-14, the alpha hydroxy acid or polyhydroxy acid including gluconolactone taught by Guzman is reasonably interpreted as the “antiperspirant component” in the absence of a limiting definition. Further, as Guzman’s composition is lacking typical antiperspirant actives (i.e. aluminum, zinc and iron salts), it appears Guzman excludes other antiperspirant components, thereby meeting the antiperspirant component as consisting of gluconolactone. Therefore, claims 13-14 are rejected.
Guzman does not teach the inclusion of maltobionic acid.
This is made up for by the teachings of Yu.
Yu teaches oligosaccharide aldonic acids and their use in topical compositions. These aldonic acids may be included in antiperspirants, as they are known to be beneficial in general care, as they provide moisturization to dry skin, skin smoothing, and treatments for itchiness. They also are used for treatment and prevention of various cosmetic conditions and dermatological disorders, which is why they may be included in antiperspirants (par. [0086]). The oligosaccharide aldonic acid may be maltobionic acid, which will impart the benefits previously described (claim 7).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to include maltobionic acid for its moisturizing and skin soothing properties. One would be motivated to include maltobionic acid in the teachings of Guzman based on these benefits. There would be reasonable expectation of success as Yu teaches that maltiobionic acid may be included in antiperspirants to impart said benefits.
The inclusion of the maltobionic acid is motivated by these benefits, but as an additional polyhydroxy component aside from being an antiperspirant active. As this may be combined with gluconolactone, which is another polyhydroxy acid and the key antiperspirant component ingredient, claims 2, 17 and 18 are rejected.
Therefore, the invention as a whole was prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, as evidenced by the references.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Guzman (US20230082090A1, published 3/16/2023, priority to 9/3/2021) and Yu (US20040180854A1, published 9/16/2004) as applied to claims 1-5 and 7-18 above, and further in view of Banowski (US20160206529A1, published 7/21/2016, cited in IDS filed 11/8/2024).
It is noted that Guzman is being applied as of its publication date as (a)(1) type prior art, and as of its earliest effectively filed date as (a)(2) type prior art.
The applied reference (Guzman) has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Guzman and Yu have been described supra.
Banowski teaches a cosmetic antiperspirant agent comprising a cosmetic oil, odorant, or wax in conjunction with at least one antiperspirant aluminum salt in a total quantity to 1 to 80 wt% (abstract). The cosmetic oil is required to impart a benefit as an antiperspirant component (claim 4). Though the inclusion of the oil is driven by its use as an antiperspirant, oils may also act as emollients, which impart their own benefit as softening or soothing skin. Banowski teaches that the oil may be isododecane (claim 8). The oils may be in an amount of 0.5 to 15% by weight (par. [0052]).
It would have been prima facie obvious to include isododecane as an ingredient in the composition, as it is an oil that would impart soothing benefits that are desirable in antiperspirant/deodorant compositions. Banowski teaches that the oil may actually have a benefit as an antiperspirant active ingredient, which would further promote the inclusion of the isododecane in the composition. Not only would isododecane impart the soothing benefits of an oil, but also, according to Banowski, as an antiperspirant. It would have been obvious to include isododecane in a composition as taught by Guzman and Yu, as it imparts significant benefits as an oil in the composition. One would have reasonable expectation of success as Banowski teaches the inclusion of isododecane in an antiperspirant composition, similar to that as taught by Guzman and Yu. Therefore, claim 6 is rejected.
Therefore, the invention as a whole was prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, as evidenced by the references.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Yu (US20040180854A1, published 9/16/2004) in view of Banowski (US20160206529A1, published 7/21/2016, cited in IDS filed 11/8/2024).
Claim interpretation: Regarding claims 15-16, in light of the instant specification paragraph [0057], “essentially free” is being interpreted as about 3 wt% or less.
Yu teaches a composition comprising oligosaccharide aldonic acids useful for general care (abstract). The composition may have various applications pertaining to personal care, including cosmetic types of compositions. Yu continues in stating that the composition may be used in antiperspirants (par. [0081]). Yu teaches that the composition may comprise gluconolactone (par. [0083]) (i.e., antiperspirant component), as well as a cosmetically acceptable carrier such as water or ethanol (par. [0108]) (cf. claim 1). Yu also teaches the composition include maltobionic acid (par. [0044]), which is also reasonably interpreted to be an ‘antiperspirant component’ (cf. claim 2). Yu further teaches that lactobionic acid may be present in the composition as the oligosaccharide aldonic acid (claim 97) and that the acid may be present in a total amount of 0.5 to 25% by weight of the total composition (par. [108]) (cf. claims 4. Further, Yu does not mention any aluminum, zinc, iron, zirconium, titanium, or magnesium-based actives in the composition that may be included in an antiperspirant. The lack of inclusion indicates that these ingredients may be excluded from the composition (cf. claim 15-16).See AC Technologies S.A. v. Amazon.com, Inc., 912 F.3d 1358, 1367 (Fed. Cir. 2019) (“[A] reference need not state a feature’s absence in order to disclose a negative limitation.”); Sud-Chemie, Inc. v. Multisorb Techs., Inc., 554 F.3d 1001, 1004–05 (Fed. Cir. 2009) .
However, Yu does not teach the inclusion of lactic acid in a specific amount, isododecane, glycerin (i.e. a polyol), a thickening agent, or a preservative.
These deficiencies are made up for by the teachings of Banowski.
Banowski teaches antiperspirant cosmetic agents having alpha hydroxy acids. These alpha hydroxy acids are also accompanied by cosmetic oil and at least one antiperspirant aluminum salt in a total quantity as low as 0.1 wt% up to 80% (abstract and claim 1). Lactic acid is taught as being the alpha hydroxy acid, and can be included as a component of the composition in an amount ranging from 0.05 to 8 wt% (par. [0098]) (cf. claim 5). Banowski also teaches the inclusion of isododecane as an oil, which may be present in 0.5 to 15% by weight of the total composition (par. [0051]) (cf. claim 6). Banowski continues that the composition may also include a water-soluble alkanol, including glycerin (par. [0128]). Glycerin is also a polyol. One specific example outlined by Banowski includes glycerin in 5 wt% of the total composition (par. [0216] examples) (cf. claim 7 and 12). Banowski also teaches another preferred embodiment wherein the composition comprises 0.01 to 2% by weight of a hydrogel-forming substance, which may be categorized as a structuring agent (par. [0144]) (cf. claim 8). Banowski continues to disclose that the composition may also include thickening agents, including xanthan gum or guar gum (par. [0125]). These thickening agents are also referred to as hydrogel-forming agents, which may in the composition in an amount of 0.01 to 2 wt% (par. [0144]) (cf. claim 9 and 12). Another part of the composition may be phenoxyethanol in an amount of 1.5 to 5% by weight as a deodorant active substance (par. [0127]) (cf. claims 10-11).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the teachings of Banowski with the teachings of Yu to arrive at an antiperspirant that comprises gluconolactone and maltobionic acid as taught by Yu, and that further comprises lactic acid, isododecane, glycerin, a thickening agent, and preservative. One would have a reasonable expectation of success as both teach antiperspirants and the ingredients as listed are combinable in the art. The modification of Yu with Banowski would result in an antiperspirant comprising gluconolactone, maltobionic acid, lactic acid, isododecane, glycerin, xanthan or guar gum, and phenoxyethanol, all of which would read on the instant claims.
Regarding claims 15-16, Banowski teaches the inclusion of at least one antiperspirant aluminum salt. However, this amount may be in as little as 0.1 wt% based on the total weight of the antiperspirant agent. This can be qualified as being essentially free of aluminum salt given the minute amount that is present in the composition. As there is no definition of “essentially free,” it is reasonable to label Banowski’s composition as essentially free of the aluminum salt (cf. claim 15). Zinc-based actives are also listed as being a potential ingredient. However, the amount may be as little as 0.0001% by weight of the total antiperspirant agent, which is interpreted as “essentially free” (par. [0127]). Aluminum zirconium salts are also recited, but again may be in as little as 0.1% by weight, and is therefore “essentially free” (par. [0082]). Banowski does not refer to any antiperspirant actives that are iron, titanium, or magnesium-based, and it can therefore be interpreted as excluding these ingredients (cf. claim 16). see case law above.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 5-7, 9, 13 and 15-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-6, and 8-13 of U.S. Patent No. 12,064,501 in view of Yu (US20040180854A1, published 9/16/2004).
Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claim set and the ‘501 claims recite a personal care composition comprised of an antiperspirant active, wherein the composition comprises isododecane and glycerin, wherein the composition comprises a thickening agent of xanthan gum, wherein the composition is free of aluminum salts, and wherein the composition comprises an acceptable carrier.
Claims 1, 5-6, and 8-13 of the ‘501 patent do not recite gluconolactone.
This deficiency is made up for in the teachings of Yu.
Yu has been described supra.
Instant claims 1, 5-7, 9, 13 and 15-17 are an obvious variant of claims 1, 5-6, and 8-13 of the ‘501 patent because it would have been prima facie obvious to one of ordinary skill in the art to include gluconolactone as described by Yu in a composition as described by Pat. ‘501. Yu has been described supra. The inclusion of gluconolactone would be motivated by its inclusion as a polyhydroxy acid which is known to exfoliate and hydrate skin, which would be desirable in an antiperspirant. One would have a reasonable expectation of success as Yu teaches that gluconolactone may be an ingredient in antiperspirants. The instant claims are patentably indistinct from the claims as outlined in Pat. ‘501 as the inventive concept of an aluminum-free antiperspirant along with the previously outlined ingredients is the same between the instant application and the patented case.
Claims 1, 5-7, 9, 13 and 15-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-7, 9 and 12 of copending Application No.18/808982 in view of Yu (US20040180854A1, published 9/16/2004).
Both the instant claim set and App. ‘982 recite a personal care composition comprised of an antiperspirant active, wherein the composition comprises isododecane and glycerin, wherein the composition comprises a thickening agent of xanthan gum, wherein the composition is free of aluminum salts, wherein there is an acceptable carrier.
Claims 1, 4-7, 9 and 12 of copending Application No.18/808982 do not recite gluconolactone.
This deficiency is made up for in the teachings of Yu.
Yu has been described supra.
Instant claims 1, 5-7, 9, 13 and 15-17are an obvious variant of claims 1, 4-7, 9 and 12 of copending Application No.18/808982 because 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 include gluconolactone as described by Yu in a composition as taught by App. ‘982 because. Yu teaches polyhydroxy acid (i.e. gluconolactone) which is known to exfoliate and hydrate skin, which would be desirable in an antiperspirant. One would have reasonable expectation of success as Yu teaches the inclusion of the gluconolactone in an antiperspirant. The instant claims are patentably indistinct from the claims as outlined in App. ‘982 as the inventive concept of an aluminum-free antiperspirant along with the previously outlined ingredients is the same between the instant application and the patented case.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
No claims are allowed.
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/MATTHEW RYAN BURKE/Examiner, Art Unit 1619
/DAVID J BLANCHARD/Supervisory Patent Examiner, Art Unit 1619
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