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.
Regarding claims 3 and 16, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The term “about” in claims 17-18 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What range of values encompass “about?” +/-1? +/-5?
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Worsman (US 2021/0187337) in view of Rhoades (WO2021099308).
Regarding claim 1, Worsman discloses a fire suppressing foam composition concentrate comprising:
deionized water in an amount between 20% and 40% by weight (Paragraph 168);
aloe vera powder in an amount between 0.05% and 0.20% by weight (Paragraph 108);
xanthan gum in an amount between 1.0% and 5.0% by weight (Paragraph 33);
coco betaine in an amount between 15% and 35% by weight (Paragraph 34);
1,3-propanediol in an amount between 2% and 10% by weight (Paragraph 35);
propylene glycol in an amount between 5% and 24% by weight (Paragraph 153);
sodium C14-16 alpha olefin sulfonate in an amount between 8% and 42% by weight (paragraph 151);
and glycine betaine in an amount between 1.5% and 4.5% by weight (Paragraph 34), but fails to disclose the concentrate including a bio-based microfibrillated cellulose in an amount between 1.0% and 10.0% by weight. Worsman discloses that the mixture includes a polysacharride in an amount between 1.0% and 10.0% by weight (Paragraph 125), and discloses that the polysacharride may be a cellulose material (Paragraph 11).
Rhoades discloses a mixture wherein the polysacharride is a microfibrillated cellulose (Page 15, lines 3-6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Worsman with the disclosures of Rhoades, providing the polysaccharide to be microfibrillated cellulose (Rhoades, Page 15, lines 3-6) in an amount between 1.0% an 10.0% by weight (Worsman, Paragraph 125), in order to provide for a mixture with effective flow characteristics, as disclosed by Rhoades (Page 15, lines 2-3).
Regarding claim 2, Worsman in view of Rhoades discloses the fire suppressing foam composition concentrate of claim 1, wherein the microfibrillated cellulose is exilva (Page 15, line 4).
Regarding claim 3, Worsman in view of Rhoades discloses the fire suppressing foam composition concentrate of claim 1, further comprising a preservative such as phenoxyethanol and/or caprylyl glycol (Paragraph 165).
Regarding claim 4, Worsman in view of Rhoades discloses the fire suppressing foam composition concentrate of claim 3, wherein the preservative is in an amount between 0.5% and 3.5% by weight (Paragraph 165).
Regarding claim 5, Worsman in view of Rhoades discloses a fire suppressing foam composition concentrate comprising:
deionized water; one or more polysaccharides selected from a group consisting of aloe vera extract, xanthan gum, guar gum, carbomer, gum Arabic, pectin, acacia gum, hydroxypropyl guar, sodium carboxymethylcellulose (see claim 1, xanthan gum);
one or more surfactants selected from a group consisting of coco betaine, decyl glucoside, coco glucoside, sodium C14-16 alpha olefin sulfonate, sodium laureth sulfate, cocamidopropylamine oxide, sulfoccinate, polysorbates, and glycine betaine (see claim 1, cocoa betaine);
one or more microfibrillated cellulose (see claim 1, Rhoades); and one or more humectants selected from a group consisting of 1,3-Propanediol and propylene glycol (See claim 1, 1, 3-Propanediol).
Regarding claim 6, Worsman in view of Rhoades discloses the fire suppressing foam composition concentrate of claim 5, further comprising a preservative selected from a group consisting of phenoxyethanol, caprylyl glycol, sorbic acid and a combination thereof (See claim 3).
Regarding claim 7, Worsman in view of Rhoades discloses the fire suppressing foam composition concentrate of claim 5, further comprising a pH adjusting agent (Paragraph 23).
Regarding claim 8, Worsman in view of Rhoades discloses the fire suppressing foam composition concentrate of claim 5, wherein the total concentration of the de-ionized water in the concentrate is in an amount between 20.0% and 40.0% by weight (Paragraph 168).
Regarding claim 9, Worsman in view of Rhoades discloses the fire suppressing foam composition concentrate of claim 5, wherein the total concentration of the polysaccharides in the concentrate is in an amount between 1.0% and 5.0% by weight (Paragraph 125).
Regarding claim 10, Worsman in view of Rhoades discloses the fire suppressing foam composition concentrate of claim 5, wherein the total concentration of the surfactants in the concentrate is in an amount between 10.0% and 50.0% by weight (Paragraph 48).
Regarding claim 11, Worsman in view of Rhoades discloses the fire suppressing foam composition concentrate of claim 5, wherein the total concentration of the microfibrillated cellulose in the concentrate is in an amount between 1.0% and 5.0% by weight (As modified by Rhoades, Worsman, Paragraph 125).
Regarding claim 12, Worsman in view of Rhoades discloses the fire suppressing foam composition concentrate of claim 5, wherein the total concentration of the humectants in the concentrate is in an amount between 2.0% and 34.0% by weight (Paragraph 35).
Regarding claim 13, Worsman in view of Rhoades discloses the fire suppressing foam composition concentrate of claim 5, wherein the total concentration of the de-ionized water in the concentrate is in an amount between 20.0% and 40.0% by weight, the total concentration of the polysaccharides in the concentrate is in an amount between 1.0% and 5.0% by weight, the total concentration of the surfactants in the concentrate is in an amount between 10.0% and 50.0% by weight, the total concentration of the microfibrillated cellulose in the concentrate is in an amount between 1.0% and 5.0% by weight, and the total concentration of the humectants in the concentrate is in an amount between 2.0% and 34.0% by weight (See claims 8-12).
Regarding claim 14, Worsman in view of Rhoades discloses an article of manufacture comprising:
a fire extinguisher cannister (Abstract);
a fire suppressing foam solution comprising a foam composition concentrate mixed with water to achieve a fixed percentage by volume (Paragraph 61), wherein foam composition concentrate comprises:
deionized water in an amount between 20% and 40% by weight; aloe vera powder in an amount between 0.05% and 0.20% by weight; xanthan gum in an amount between 1.0% and 5.0% by weight; a bio-based microfibrillated cellulose in an amount between 1.0% and 10.0% by weight; coco betaine in an amount between 15% and 35% by weight; 1,3-propanediol in an amount between 2% and 10% by weight; propylene glycol in an amount between 5% and 24% by weight; sodium C14-16 alpha olefin sulfonate in an amount between 8% and 42% by weight; and glycine betaine in an amount between 1.5% and 4.5% by weight (See claim 1).
Regarding claim 15, Worsman in view of Rhoades discloses the article of manufacture of claim 14, wherein the microfibrillated cellulose is exilva (See claim 2). 1
Regarding claim 16, Worsman in view of Rhoades discloses the article of manufacture of claim 14, wherein the foam composition concentrate further comprises a preservative such as phenoxyethanol and/or caprylyl glycol in an amount of between 0.5% and 3.0% by weight (See claim 3).
Regarding claim 17, Worsman in view of Rhoades discloses discloses the article of manufacture of claim 14, wherein the fixed percentage by volume is about 3% (Paragraph 61).
Regarding claim 18, Worsman in view of Rhoades discloses the article of manufacture of claim 14, wherein the fixed percentage by volume is about 6% (Paragraph 169).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752
