Claims 1-14 are pending in this application.
DETAILED ACTION
Notice of Pre-AIA or AIA Status
1 The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
2 Claims 1-7 and 10-13 objected to because of the following informalities:
In claim 1, the word “Composition” should be replaced by “A composition”.
In claims 2-7, the word “Composition” should be replaced by “the composition”.
In claim 10, the word “Process” should be replaced by “ A process”.
In claims 11-13, the word “Process” should be replaced by “The process”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
3 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 1-14 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.
Claims 1-3, 5 and 10-13 recite the phrases “preferably”, “in particular” and “more preferably”. These phrases render the claims indefinite because it is unclear whether the limitations following the phrases are part of the claimed invention. See MPEP 2173.05(d). Correction is required.
Claim 1 recites a formula (I) in which R1CO = acyl radical of a fatty acid. R1 is undefined in the claimed formula (I). It is unclear what kind of fatty acid that represents R1?. R1 should defined by the number of carbon atoms that represent the alkyl radical of the fatty acid. Clarification and/or correction are/is required.
Claim 6 indefinites because the claim recites the limitation “compound C) is identical to R1COOH with the R1 of general formula I)”. The definition of the term “R1” is unclear. Clarification and correction are required.
Claim 7 recites the limitation “at least one further surfactant”. There is insufficient antecedent basis for this limitation in the claim. Claim 6 depends on claim 4 that further depends on claim 1. Claim 1 does not recite a surfactant or even named the compound of the general formula I) as a surfactant. Correction is required.
Claims 4, 8-9 and 14 dependent upon rejected base claims. Therefore, claims 4, 8-9 and 14 are rejected as well.
Allowable Subject Matter
4 Claims 1-14 would be allowed if the claims overcome the rejection under 112, second paragraph. The closest prior art of record reference (EP 0656346 A1) teaches the limitation of the claimed formula A) (see claim 1 formula (IV) and does not teach the claimed limitation B). The prior art of record (EP’ 346 A1) teaches the following formula (I):
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Wherein a = 2, that makes the formula (I) has two quaternary nitrogen atoms (two positive charges) (see claim 1, formula (I)). The claimed formula IId) requires only one quaternary nitrogen atom. Therefore, the reference’s formula (I) differs from the claimed formula IId).
Conclusion
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/EISA B ELHILO/Primary Examiner, Art Unit 1761
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