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 1-13 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 claims 1 and 5, 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, claim 1 (counting the formula as one line) recites:
(a) the broad recitation “C2-C12 alkylene” in line 7, and the claim also recites “preferably C2-C6, and more preferably each independently selected from (C2H4), (C3H6)” in lines 7-8 which is the narrower statement of the range/limitation;
(b) the broad recitation “C1-C20 alkyl” in line 13 and the claim also recites “preferably C1-C4 alkyl, more preferably methyl” in line 13 which is the narrower statement of the range/limitation;
(c) the broad recitation “molar average number from 1 to 200” in line 14 and the claim also recites “preferably from 1 to 100, more preferably from 1 to 60” in lines 14-15 which is the narrower statement of the range/limitation.
Claim 5 (counting the formula as one line) also recites:
(a) the broad recitation “C2-C12 alkylene” in line 5, and the claim also recites “preferably C2-C6, and more preferably each independently selected from (C2H4), (C3H6)” in lines 5-6 which is the narrower statement of the range/limitation;
(b) the broad recitation “C1-C20 alkyl” in line 9 and the claim also recites “preferably C1-C4 alkyl, more preferably methyl” in line 9 which is the narrower statement of the range/limitation.
The claims 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.
Claims 2-13, being dependent from claim 1, inherit the same rejection as in claim 1 above.
In addition, claim 13 is indefinite because the method does not recite positive steps in treating the surface.
Allowable Subject Matter
Claims 1-13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Carswell et al. (US 2015/0210961, already cited in IDS 11/05/2025), the closest prior art, teaches an alkaline liquid laundry detergent composition comprising at least 5 wt% non-soap surfactant and at least 0.5 wt% of a polyester according to formula (I):
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wherein R1 and R2 independently of one another are X--(OC2H4)n-(OC3H6)m wherein X is C1-4 alkyl, the -(OC2H4) groups and the -(OC3H6) groups are arranged blockwise and the block consisting of the -(OC3H6) groups is bound to a COO group or are HO-(C3H6), n is based on a molar average a number of from 12 to 120, preferably 40 to 50, m is based on a molar average a number of from 1 to 10, and a is based on a molar average a number of from 4 to 9 (see abstract). Caswell, however, fails to teach, disclose or suggest a polyester with a disubstituted pyridine ring comprising at least one structural unit (A) as required in the present claim 1.
Accordingly, the subject matter, as a whole, would not have been obvious to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references are considered cumulative to or less material than those discussed above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORNA M DOUYON whose telephone number is (571)272-1313. The examiner can normally be reached Mondays-Fridays; 8:00 AM-4:30 PM.
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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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/LORNA M DOUYON/Primary Examiner, Art Unit 1761
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