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 .
DETAILED ACTION
The amendment filed on July 01, 2026 is acknowledged and entered. Claims 1, 3, 6 and 12 are amended. Claims 5 and 13 are canceled. Claims 1-4 and 6-12 are pending and under examination in this Office action.
Response to Amendment
The rejections to claims 3, 5, 6 and 13 under 35 U.S.C. 112(b) are now withdrawn in view of the claim amendment or claim cancelation.
A new ground of rejection is now made to claim 12 under 35 U.S.C. 112(b) is now made. This rejection is based on the rejection to claim 13 previously presented.
The rejection to claims 1-2, 7-9 and 12 under 35 U.S.C. 102(a)(1) is now withdrawn in view of the claim amendment.
The rejections to claims 3, 4, 10 and 11 under 35 U.S.C. 103 are now withdrawn in view of the claim amendment.
Claim Objections
Claim 6 is objected to because of the following informalities:
Claim 6, line 4, the term “G’0.25,” should be deleted.
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 12 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 pre-AIA the applicant regards as the invention.
Claim 12 recites “a curve of frequency-storage modulus of the hydrosol” that renders the scope of the claims indefinite. It is unclear what the “frequency” refers to. In [0041] of the specification, PG Pub US 2025/0302450 A1, it discloses a frequency of 3.5 MHz of an ultrasound being transmitted through the hydrosol. In [0076] it discloses a measurement frequency being 0l01 Hz or larger and 10.0 Hz or smaller. This limitation is incorporated from claim 13 that was previously rejected. Applicant has failed to address this issue. Applicant is requested to clarify, i.e., to define the frequency used to generate the frequency-storage modulus curve.
Allowable Subject Matter
Claims 1-4 and 7-11 are allowed.
Claim 6 is objected.
Claim 12 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:
The limitation recited in claim 1 in regard to the features of “in dynamic shear viscoelasticity measurement at 25*C, a storage modulus G’ measured at an applied frequency to the hydrosol of 2.5 Hz is represented by G'2.5, a storage modulus G’ measured at an applied frequency of 0.25 Hz is represented by G'0.25, and G'2.5/G'0.25 is 2.0 to 15.
The limitation recited in claim 12 in regard to the features of “measuring a dynamic shear viscoelasticity of the hydrosol after the stirring, and thereby acquiring a curve of frequency-storage elastic modulus”, in combination with the other claimed elements, is not taught or disclosed in the prior arts.
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.
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/YI-SHAN YANG/Primary Examiner, Art Unit 3798
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