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 .
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Claim Objections
Claim 15 is objected to because of the following informalities: the units of the grammage are not consistent and should be changed to g/m2 for both limits, instead of gr/m2 and g/m2. 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 13 and 16-18 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 13 it is unclear if the weight of the isothiazolone is the weight of said compound content in the isothiazolone-based substance recited on the independent claim, claim 6, or it is actually the weight of the isothiazolone-based substance/compound recited in the independent claim. It seems from the percentage indicated in claim 14, that said amount refers to the isothiazolone-based compound.
Claim 13 is vague and indefinite as to the base for the weight percentage, i.e., it is unclear in claim 13 if said percentage is the amount of each compound in the coating composition or based on the formed paper.
Claim 16 is vague and indefinite as to what would be considered “other natural and synthetic fibers” and thus the metes and bounds of patent protection desired cannot be ascertained.
Allowable Subject Matter
Claims 10-12, 14 and 15 are allowed.
Claims 13, 16-18 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not teach nor fairly suggest a paper material coated with a composition including the recited compounds, as claimed. Note that it is known to avoid the use of transition metal complexes with isothiazolone-based compounds since it is known that said transition metal complexes obstruct/degrade the biocidal function of the isothiazolone. Therefore, although the use of the individual recited compounds is known in coating slips/compositions, the combination of said compounds is not obvious, nor found in the prior art.
Degradation and Stability Issues: Certain transition metal ions, notably iron (Fe), have been shown to cause the rapid chemical degradation of isothiazolone biocides. This reaction can significantly reduce the shelf-life and long-term efficacy of the product if not properly formulated. Copper also has a potential to react.
Compatibility: Formulators must ensure compatibility between the isothiazolone preservatives and other components, including metal-containing pigments or fillers, to maintain the product's performance and stability over time. The pH of the formulation also plays a role in stability.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure in the art of “Paper Material with Virucidal, Biocidal and Barrier Properties to Water, Fats and Oils.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE A FORTUNA whose telephone number is (571)272-1188. The examiner can normally be reached MONDAY- FRIDAY 11:30 PM- 9:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSE A FORTUNA/Primary Examiner, Art Unit 1748
JAF