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 Objections
Claims 11 and 12 are objected to because of the following informalities: Both claims include the term “for using”. Although the wording does not render the claim indefinite, it does present some unclarity and is borderline indefinite. It is recommended instead to state an antimicrobial composition comprising the polymer particles. Appropriate correction is required.
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, 17, and 21 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 2-16, and 18-20 depend, either directly or indirectly on the above claims and, therefore, are also rejected.
With regards to claim 1, Claim 1 recites the term “containing a carbon-carbon double bond (excluding a cationic comonomer)”, wherein, the inclusion of a term within parentheses renders the claim indefinite because it is unclear whether the included term is part of the claimed invention.
With regards to claim 17, Claim 17 recites the term “containing a carbon-carbon double bond (excluding a cationic comonomer)”, wherein, the inclusion of a term within parentheses renders the claim indefinite because it is unclear whether the included term is part of the claimed invention.
Claim 21 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 21 provides for the use of polymer particles, but, since the claims do not set forth any steps involved in the method/process, it is unclear what method/process applicant is intending to encompass. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced.
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.
Claims 11 and 12 are 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. Both claims are a composition containing the particles of claim 1 and further state that the polymer satisfies the relational formula. However, the formula is exactly as claimed in claim 1 and, therefore, the claims do not further limit the polymer of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-21 are allowable.
The following is a statement of reasons for the indication of allowable subject matter:
The pending claims are allowable over the closest reference: Liu et al (2000, Journal of Applied Polymer Science, Vol. 76, 1129-1140).
Summary of claim 1:
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Liu teaches a polymer particle that is formed from a cationic initiator, an acrylamide (reading on the claimed main monomer, and cationic monomer that includes, for example, vinylbenzyl trimethyl ammonium chloride (reading on a cationic polymerizable compound containing a carbon-carbon double bond (page 1129). Liu further teaches the polymer to have a particle surface charge density of 14.2 to 106.2 µeq/g (page 1132). However, Liu does not teach or fairly suggest the claimed polymer particle wherein the polymer satisfies all of the claimed properties including relative permittivity as an index of surface hydrophobicity and satisfying the claimed relational formula, thereby, having the claimed binding equilibrium constant.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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/JESSICA WHITELEY/ Primary Examiner, Art Unit 1763
