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.
Claims 4-5, 7-8, 11-15 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 4-5, 7-8, 11-15 recites the broad recitation and the claim also recites “preferably….” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim Rejections - 35 USC § 102
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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by WO (2021/116306).
WO ‘306 discloses a composition comprising core-shell microcapsule in aqueous slurry of mean particle size from about 20 to about 45 microns, wherein the shell comprises acid-treated chitosan and a polyisocyanate crosslinking agent, wherein the core comprises a perfume oil defined in table 1 as shown here below:
The perfume oil of WO ‘306 comprises:
3.20 wt% ethyl 2-methyl-pentanoate,
3 wt% isobornyl acetate known S-ester 16.3
9.8 wt% 2-tert-butyl-1-cyclohexyl acetate (verdox) known S-ester 16.2
1.3 wt% citronellyl acetate 9.85 wt% dicyclopentadiene acetate 15.9 wt% hexyl salicylate 16.2 wt% benzyl salicylate making a total of 49 wt% ester containing PRM. The perfume oil further comprises: 0.75 wt% 2,4-dimethyl-3-cyclohexene-1-carbaldehyde 0.75 wt% aldehyde C10, 3 wt% 2-methylundecanal, 1.3 wt% aldehyde C12,
making thus a total of 5.8 wt% of aldehyde containing PRM, considered as falling under the vague about 10 wt% (+/-50%).
The perfume oil of WO ‘306 comprises 49 wt% ester containing PRM, 5.8 wt% of aldehyde containing PRM, considered as falling under the vague about 10 wt% (+/-50%), 7.80 wt% eucalyptol as sole hydroxyl-containing PRM and 4.3 wt% citronellyl nitrile, 0.8 wt% diphenyloxide, 3.3 wt% ionone beta, 18.75 wt% undecalactone gamma thus 27.15 wt% additional PRMs. In view of such high amount (49 wt%) of ester containing PRM in the perfume oil of WO ‘306, which the known S-ester values are above 13, which is considered as such for the other ester containing PRM, the perfume oil of WO ‘306 is considered to verify to S- ESTER double parameter of claim 2.
The molecular weight of the chitosan from Shangai Aladdin Bio-chem Technology Co,; Ltd, China of WO ‘306 is implicitly from 100-300kDa. (example 1, 3, claims 1-16, tables 1-12, 15).
As this reference teach all of the instantly required, it is considered anticipatory.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NECHOLUS OGDEN JR whose telephone number is (571)272-1322. The examiner can normally be reached 8-4:30 EST M-F.
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/NECHOLUS OGDEN JR/Primary Examiner, Art Unit 1761
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