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 .
Claim Objections
Claim 1 is objected to because of the following informalities: in limitation a, “mixturethat”; in limitations i and j, “aqua” should be “water”; and in limitation j, “0.2600 of” lacks a percent sign. In limitation d, the stearalkonium hectorite and the propylene carbonate are separated by a semicolon. If propylene carbonate is an ingredient whose concentration, 0.2120% w/w, is independent of the stearalkonium hectorite, it should be listed separately for consistency. Limitation j also lists “aqua” or water separately from limitation i which already recites “aqua”. In limitation e, the c in “c12- 15” should be capitalized. Limitation I should recite “acts” in lieu of “act”. In limitation j, the z should be capitalized in “zea mays”.
Claim 3 is objected to because of the following informalities: “is purified…” should be “has been purified…”.
Appropriate corrections are 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 1-3 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.
Regarding claim 1, limitation a recites “propellant mixture[ ]that further includes…”. It is unclear why the “further” is included here. In claim language “further” indicates some limitation additional to what has preceded the “further”. For example a dependent claim might recite “the composition of claim 1, further containing [a limitation not in claim 1]”. Here, limitation a is the first limitation in claim 1, and the “further” raises confusion whether “a propellant mixture” needs to contain a propellant other than the recited isobutane, propane, and butane, i.e., as a separate component of the composition. Also it is unclear whether the percentages for butane, isobutane, and propane are relative to the entire anti-perspirant and deodorant composition, or relative just to the “propellant mixture” of limitation a.
“A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph”. MPEP § 2173.05(p)(II) (citations omitted). Claim 2 depends from claim 1. Claim 1 is a product claim, however claim 2 recites “the composition is used on intimate area of human body”. Therefore claim 2 requires both the composition of claim 1 and the method of using the composition, and it is unclear which the claim is drawn to.
Citation of Relevant Art
AU 2015202609 A1 teaches aerosol deodorant antiperspirant compositions comprising corn starch, stearalkonium hectorite, fragrance, propylene carbonate, caprylic/capric triglyceride, and C12-15 alkyl benzoate. AU 2015202609 A1 does not teach the concentrations in claim 1.
JP 2015521161 A teaches deodorant or antiperspirant aerosol preparations and teaches lactic acid, silver lactate, capric acid or caprylic acid triglycerides, cyclopentasiloxane, cornstarch, stearalkonium hectorite, and water as suitable ingredients. JP 2015521161 A does not teach the concentrations in claim 1.
Conclusion
No claim is allowed.
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/H. SARAH PARK/Primary Examiner, Art Unit 1614