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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/29/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of the Claims
Claims 127 and 147-165 are pending in this application. Claims 1-126 and 128-146 have been cancelled by applicant.
Examiner Notes
Attempts were made to contact attorney Alison Sachs on 09/08/2026 and correct formal issues of the claims with an Examiner’s Amendment. A voicemail was left on 09/08/2026 stating if no response was received by EOD on 09/10/2026 that a final rejection would be sent out. No response was received.
Allowable Subject Matter
Claims 127, 147-154 and 159-164 are allowed.
Claim Objections
Claims 157-158 are objected to because of the following informalities:
Please make “+” a superscript after “K” in line 1 of claim 157 so it reads “K+” instead of “K+”.
Please make “4” a subscript and “+” a superscript after “NH” in line 1 of claim 158, so it reads “NH4+” instead of “NH4+”.
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 165 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 165 contains the trademark/trade names Tween-20 and Triton X-100. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe surfactants and, accordingly, the identification/description is indefinite.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 155-156 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 155 is rejected for failing to further limit claim 154 from which it depends. Claim 154 speaks to a pH range of 8.9-9.1, K+ concentrations of 50-70 mmol/L, and NH4+ concentrations of 150-230 mmol/L. Claim 155, however, expands these ranges to encompass a pH range of 9.05-9.35, K+ concentrations of 60-90 mmol/L, and NH4+ concentrations of 200-310 mmol/L. Examiner believes claim 155 should depend upon claim 153, which provides support for the claimed ranges.
Claim 156 is rejected for failing to further limit claim 153 from which it depends. Claim 153 speaks to pH ranges of 8.9-9.4, while claim 156 expands this range to 9.3-9.5, which falls outside the range of claim 153. Examiner suggests amending the range of claim 156 to read 9.3-9.4, so that it stays within the range of claim 153.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Response to Arguments
Specification
Specification amendments are acknowledged and have been entered. No new matter has been introduced. In view of amendments, Specification objections have been withdrawn.
Claims/ Claim Objections
Claim amendments are acknowledged and have been entered. No new matter has been introduced. In view of amendments, claim objections have been withdrawn. However, in view of claim amendments, a new ground of objections has been raised herein.
Claim Rejections - 35 USC § 112(b) and (d)
In view of claim amendments, all 35 USC § 112(b) and (d) rejections have been withdrawn. However, in view of claim amendments, a new ground of rejections has been raised herein.
Claim Rejections - 35 USC § 103
In view of claim amendments, all 35 USC § 103 rejections have been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACKSON J HERNANDEZ whose telephone number is (571)272-5382. The examiner can normally be reached Mon - Thurs 7:30 to 5.
Examiner interviews are available via telephone 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, Kortney L. Klinkel can be reached at (571) 270-5239. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACKSON J HERNANDEZ/Examiner, Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627
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