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 .
DETAILED ACTION
Claims 1-8, 10, 12, 16-18, 22, 23, 25, 27, 28, and 30-32 are pending. Claims 9, 11, 13-15, 19-21, 24, 26, and 29 have been canceled. Note that, the preliminary filed November 22, 2024, has been entered.
Claim Objections
Claim 6 is objected to because of the following informalities:
With respect to instant claim 6, line 5, it is suggested that Applicant insert “the group consisting of” after “from”.
With respect to instant claim 12, line 3, it is suggested that Applicant insert “,” after “aid”.
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 22, 23, 25, 27, 28, and 30-32 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.
With respect to instant claim 22, this claim is vague and indefinite in that instant claim 22 is dependent upon instant claim 1, wherein instant claim 1 requires “a polysorbate component”; instant claim 22 does not recite the use of a polysorbate compound in a method of making the neat concentrate such that it is unclear how the neat concentrate can be made without the inclusion of one of the required components (i.e., the polysorbate compound). Clarification is required. Note that, instant claims 23, 25, 27, 28, 31, and 32 have also been rejected due to their dependency on claim 22.
Claim 30 recites the limitation "the polysorbate component" in line 2. There is insufficient antecedent basis for this limitation in the claim. Clarification is required.
Allowable Subject Matter
Claims 1-8, 10, 12, and 16-18 are allowed, contingent upon correcting any claim objections set forth above.
None of the references of record, alone or in combination, teach or suggest a composition which has an increased viscosity upon dilution with water, the composition containing a fatty alcohol ethoxylated, a polysorbate compound, a C10-C16 alkylbenzene sulfonic acid or salt thereof, a polyethoxylated alkyl glucoside ester component, an electrolyte, water, and the other requisite components of the composition in the specific amounts as recited by the instant claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Remaining references cited but not relied upon are considered to be cumulative to or less pertinent than those relied upon or discussed above.
Applicant is reminded that any evidence to be presented in accordance with 37 CFR 1.131 or 1.132 should be submitted before final rejection in order to be considered timely.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY R DEL COTTO whose telephone number is (571)272-1312. The examiner can normally be reached M-F, 8:30am-6:00pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY R DELCOTTO/Primary Examiner, Art Unit 1761
/G.R.D/June 26, 2026
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