Claims 1-13 and 17-23 are pending in this application.
DETAILED ACTION
Notice of Pre-AIA or AIA Status
1 The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
2 Claims 11 and 21 objected to because of the following informalities:
Claims 11 and 21 recite the word “plasticizers” twice. Appropriate correction is required.
Claim Rejections - 35 USC § 112
3 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 1-13 and 17-23 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.
Claim 1 recites the limitations “R2 is α-hydroxycarboxylic acid amide (-OCR2CONR2), α-hydroxycarboxylic acid ester (-OCR2COOR)” wherein R2 is not defined.
Claim 3 recites the limitations “R4 is α-hydroxycarboxylic acid amide (-OCR2CONR2), α-hydroxycarboxylic acid ester (-OCR2COOR)” wherein R2 is not defined.
Claim 7 recites the limitations “R6 is α-hydroxycarboxylic acid amide (-OCR2CONR2), α-hydroxycarboxylic acid ester (-OCR2COOR)” wherein R2 is not defined.
Claim 17 recites the limitations “R2 is α-hydroxycarboxylic acid amide (-OCR2CONR2), α-hydroxycarboxylic acid ester (-OCR2COOR)” wherein R2 is not defined.
Claim 17 recites the limitations “R4 is α-hydroxycarboxylic acid amide (-OCR2CONR2), α-hydroxycarboxylic acid ester (-OCR2COOR)” wherein R2 is not defined.
Claim 17 recites the limitations “R6 is α-hydroxycarboxylic acid amide (-OCR2CONR2), α-hydroxycarboxylic acid ester (-OCR2COOR)” wherein R2 is not defined.
Claim 21 recites the limitations “R2 is α-hydroxycarboxylic acid amide (-OCR2CONR2), α-hydroxycarboxylic acid ester (-OCR2COOR)” wherein R2 is not defined.
Claim 21 recites the limitations “R6 is α-hydroxycarboxylic acid amide (-OCR2CONR2), α-hydroxycarboxylic acid ester (-OCR2COOR)” wherein R2 is not defined.
Claims 2, 4-6, 8-13, 18-20 and 22-23 dependent upon rejected claims. Therefore, claims 2, 4-6, 8-13, 18-20 and 22-23 are rejected as well.
Claim Rejections - 35 USC § 102
4 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
5 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 7, 9-11 and 17 are rejected under 35 U.S.C. 102(a)1 as being anticipated by Wlaschin et al. (WO 2020243506 A1).
Wlaschin et al. (WO’ 506 A1) teaches a gel composition comprising an amine-rich adhesion promoter formed from reaction of a silylated polyethyleneimine and an amine-reactive organosilane coupling agents include aminopropyltriethoxysilane, 3-glycidoxypropyltriethoxysilane and 3-acryloxypropyltriethoxysilne (see page 20, paragraph, 0089 and pages 28-29, paragraph, 00121), wherein the polyethyleneimine is covalent bonded with a hydrolysable silyl group as claimed in claim 2 (see page 10, paragraph, 0049 and page 28, paragraphs, 00119-00120) and wherein the gel composition also comprises acids (see page 35, paragraph, 00143) and pigments as claimed in claims 1, 3-4, 7, 9-10 and 17 (see page 35, paragraph, 00146), wherein the polyethyeneimine is dendrimeric or branched (see page 28, paragraph, 00119) and having a molecular weight in the range of 500 to 15,000 which is within the claimed range as claimed in claim 10 (see page 18, paragraph, 0080) and wherein the gel composition also comprises a silicate tackifying resin (co-resin) as claimed in claim 11 (see claim 11). Wlaschin et al. (WO’ 506 A1) teaches all the limitations of the instant claims. Hence, Wlaschin et al. (WO’ 506 A1) anticipates the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EISA B ELHILO whose telephone number is (571)272-1315. The examiner can normally be reached Monday-Friday, 7:00 AM to 3:30 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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/EISA B ELHILO/Primary Examiner, Art Unit 1761