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 .
Election/Restrictions
Applicant’s election without traverse of Claims 1-11 in the reply filed on 04/06/2026 is acknowledged.
Claims 12-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/06/2026.
Claim Objections
Claims 4 and 5 are objected to because of the following informalities:
Claim 4, line 2, “the alkyl polyacrylate is polymethyl methacrylate” should read “the at least one alkyl polymethylacrylate block is polymethyl methacrylate”.
Claim 4, line 2, “the alkyl polyacrylate is” should read “the at least one alkyl polyacrylate block is”.
Claim 5, line 2, “PABu” should read “PBA”.
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.
Claim 5 is 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.
Claim 5, line 2, recites “PMMA-PABu-PMMA type”. The addition of the word “type” extends the scope of the claims so as to render them indefinite since it is unclear what “type” is intended to convey. The addition of the word “type” to the otherwise definite expression renders the definite expression indefinite by extending its scope. Ex parte Copenhaver, 109 USPQ 118 (Bd. App. 1955).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Fotinos et al. (WO 2004/075933 A2) in view of Guerret et al. (EP 3187046 A1).
Regarding Claims 1-7 and 9, Fotinos discloses materials for releasing volatile substances such as insect repellant (pg 4, line 6), including a patch which has removable layer/adhesive/barrier layer/adhesive/active layer/removable layer (pg 3, lines 4-15).
The barrier layer may be 1-5 mils thick (25.4-127 microns) (pg 11, line and 11), the adhesive layers are 0.5-3.0 mils thick (12.7-76.2 microns) (pg 11, lines 28-29), and the removable layers may be 3-10 mils thick (pg 13, line 31). Therefore the minimum thickness of the layers other than the active layer is 8 mils (1+0.5+0.5+3+3). The total patch thickness may be 10-50 mils (pg 15, lines 39-30). Therefore the active layer may be 2-42 mils (50.8-1066.8 microns) (10-8 to 50-8).
Fotinos discloses the active layer comprises a polymer and the volatile substance (pg 5, line 18-pg 6, line 1), wherein the volatile substance may be an insect repellant (pg 7, lines 21-23).
Fotinos does not disclose the polymer of the active layer being a block copolymer as claimed.
Guerret discloses an insect repellant material that is slow-release and rechargeable, which is desirable both economically and ecologically (paras 0016-0017; 0062), comprising a polymer matrix and a semiochemical substance (para 0004). The polymer matrix comprises an acrylic block copolymer, comprising at least one polyalkyl methacrylate block and at least one polyalkyl acrylate block (para 0018), specifically a triblock copolymer of PMMA-PABu-PMMA (para 0022). The semiochemical substance is a pheromone such as a sexual pheromone of insects or mammals (paras 0024-0026). The material can be used to make any form of object (para 0061).
Therefore it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the present invention to modify Fotinos to incorporate the teachings of Guerret and produce the patch of Fotinos using the insect repellant material of Guerret to form the active layer. Doing so would produce a patch that is slow release and rechargeable, which is desirable both economically and ecologically.
Regarding Claim 8, Fotinos in view of Guerret discloses all the limitations of the present invention according to Claim 1 above. Fotinos further discloses the adhesive layers may comprise acrylic polymers and are 0.5-3.0 mils thick (12.7-76.2 microns) (pg 11, lines 13-14 and 28-29).
Regarding Claim 10, Fotinos in view of Guerret discloses all the limitations of the present invention according to Claim 1 above. Fotinos further discloses the barrier layer may be cellophane and may be 1-5 mils thick (25.4-127 microns) (pg 11, lines 7 and 11).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Fotinos in view of Guerret as applied to claim 1 above, and further in view of Ebinuma et al. (JP 2017/186275 A).
Regarding Claim 11, Fotinos in view of Guerret discloses all the limitations of the present invention according to Claim 1 above. Fotinos further discloses the patch may be formed as a cosmetically elegant patch for use on the skin of a subject, and that the color of the device can be fanciful, or can be manufactured for minimal contrast with a shade of the skin (pg 15, lines 25-28).
Fotinos in view of Guerret does not disclose the barrier layer is printed on the side as claimed (facing the claimed second adhesive layer, which faces the active layer).
Ebinuma discloses insect-repellent film (para 0001) that comprises a base film which is printed for decorative purposes (para 0024).
Therefore it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the present invention to modify Fotinos in view of Guerret to incorporate the teachings of Ebinuma and print the barrier layer for decorative purposes (i.e. print the side of the barrier film that will face outwards during use, which is the side in contact with the second adhesive layer, which faces the active layer).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY M MILLER whose telephone number is (571)272-2109. The examiner can normally be reached M-F 8:00-4:00.
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/BETHANY M MILLER/Examiner, Art Unit 1787
/CALLIE E SHOSHO/Supervisory Patent Examiner, Art Unit 1787
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