DETAILED ACTION
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 7-30 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 boundaries of claim 7 are unclear.
Claim 7 puts forth adding a water-soluble polymer to a water supply stream or adding the polymer to a foam concentrate stream. The method then proceeds with adding a foaming concentrate to the water stream. The bounds are unclear because in the instance where the polymer is added to a foam concentrate stream, there is no provision of a water supply stream. How would one be able to add a foaming concentrate to the water supply stream with no provision of a water supply stream?
The method then proceeds with adding the foam concentrate stream to the water supply stream before or after the foam concentrate stream is added to the water supply stream. In the instance where the polymer is added to the water supply stream, there is no provision of a foam concentrate stream. How is the foam concentrate stream added to the water supply stream with no provision of a foam concentrate stream? Is the foaming concentrate a part of the separate foam concentrate stream? If so, that provides for a combination that includes only a water soluble polymer, foam concentrate stream and foaming concentrate.
The remaining claims are rejected due to dependency from claim 7.
An art rejection is not provided in lieu of the difficulty ascertaining the bounds of the independent claim.
Response to Arguments
Applicant’s arguments with respect to claim(s) 7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752
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