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 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 1-11 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.
In claim 1, the phrase “salt-storage anti-icing coating” is vague and indefinite as the term “coating” claimed as such is indefinite and misdescriptive See Ex parte Scott 66 USPQ 371. The claim should recite “salt-storage anti-icing coating composition” which will overcome this specific rejection.
Claims 2 and 10-11 contain the trademark/trade name . 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 a thickening agent and, accordingly, the identification/description is indefinite. The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. In fact, the value of a trademark would be lost to the extent that it became descriptive of a product, rather than used as an identification of a source or origin of a product. Thus, the use of a trademark or trade name in a claim to identify or describe a material or product would not only render a claim indefinite, but would also constitute an improper use of the trademark or trade name. MPEP 2173.05(u).
Claim 4 contains the trademark/trade names “span-40", "span-60", and "span-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 a surfactant and, accordingly, the identification/description is indefinite. The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. In fact, the value of a trademark would be lost to the extent that it became descriptive of a product, rather than used as an identification of a source or origin of a product. Thus, the use of a trademark or trade name in a claim to identify or describe a material or product would not only render a claim indefinite, but would also constitute an improper use of the trademark or trade name. MPEP 2173.05(u).
Claim 11 is confusing and therefore vague and indefinite as it is unclear as to when these method steps are performed as claim 5, the claim from which this claim depends), also recited method steps. Are the steps in claim 11 in addition to those of claim 5 or what? Clarification is requested.
References Cited By The Examiner
CN 117070193 A teaches a sustained-release anti-icing agent comprises void material, snow melting salt, surfactant and solvent, where the void material is zeolite powder, the snow melting salt is sodium chloride, the surfactant is coco acid monoethanolamide, and the solvent is absolute ethyl alcohol.
CN 116836686 A teaches a coated sustained-release inorganic salt which comprises a sustained-release inorganic salt core material and a surface polymeric coating material. The sustained-release inorganic salt core material includes inorganic salt and salt adsorption carrier material. The salt adsorption carrier material is a porous material. The surface polymeric coating material is silicon dioxide gel.
CN 114788742 A teaches an anti-freezing ice material which comprises an oxide hydrosol, a salt for reducing the freezing point, and an inorganic filler, wherein the mass ratio of the oxide hydrosol to the salt for reducing the freezing point to the inorganic filler is 100: 10 to 100: 0 to 50. The freezing point reducing salt is at least one of sodium chloride, potassium chloride, calcium chloride, magnesium chloride, sodium acetate, potassium acetate, calcium acetate and magnesium acetate; the oxide hydrosol is one of silica sol pH 8 to 10, aluminum sol pH2 to 4, titanium dioxide sol pH 6 to 8, the mass concentration is 10 to 50 %; and the inorganic filler is at least one of diatomite, titanium pigment, zeolite, talcum powder, silica fume, calcium carbonate powder and mineral powder.
CN 109233600 A teaches a long-acting hydrophobic anti-ice coating which comprises a material A, a material B and paraffin powder, wherein the material A includes polyurethane, a long-acting hydrophobic anti-ice agent and a polyurethane curing agent; the material B includes a water-borne epoxy resin and a water-borne epoxy resin curing agent. The composition includes calcium chloride or magnesium chloride as well as zeolite powder and diatomite powder.
KR 10-2617402 B1 teaches an anti-freezing composition wherein the anti-freezing agent includes a porous material and a freezing point lowering agent. The porous material is at least one selected from the group consisting of zeolite, echinoderm-derived porous material, and fine powdered diatomaceous earth and the freezing point lowering agent is potassium formate (KFm); Sodium formate (NaFm); Potassium Acetate (KAc); Sodium Acetate (NaAc); An anti-icing composition, which is at least one selected from the group consisting of calcium acetate (CAc) and calcium magnesium acetate (CMAc).
None of these cited references teach all of the cumulative limitations recited in the independent claim.
Allowable Subject Matter
Claims 1-11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach all of the cumulative limitations set forth in the independent claim.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY J GREEN whose telephone number is (571)272-1367. The examiner can normally be reached Monday-Thursday from 6:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber R. Orlando can be reached at (571) 270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY J GREEN/Primary Examiner, Art Unit 1731
ajg
June 4, 2026
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