Claims 1-17 are pending in this application.
DETAILED ACTION
Notice of Pre-AIA or AIA Status
1 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
2 Claim 6 objected to because of the following informalities:
Claim 6 recites “The agent according to claim 5”.
Claim 6 should be amended to recites The washing, cleaning or hair-treatment agent according to the 5, wherein the agent --------”Appropriate correction is required.
Claim Rejections - 35 USC § 112
3 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 2-9 and 11-17 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.
Claim 2 recites the limitations “a mixture of compounds of the general formula (I)” and the claim also recites the limitations “in each of R1, R2, R3 , R4 and R6, the alkyl moieties can be linear or branched-chain with sophorolipids which do not have an ammonium counteractions as defined in formula (I), but are present in the form of the free acid or its alkali salts or which are present in the lactone form”. The claim limitations “with sophorolipids which do not have an ammonium counteractions as defined in formula (I)” is unclear because the claim recites a formula wherein the cationic quaternary ammonium radical “N+(R1R2R3R4)” is attached to the anionic sophorolipid “S-CO2-”. Therefore, any mixture of compounds of the claimed formula (I) should have a cationic quaternary ammonium radical N+(R1R2R3R4) attached to the anionic radical of sophorolipid S-CO2 as defined in the claimed formula (I). Clarification or correction is required.
Claim 3 recites the limitation “but have a different counteranion”. It is unclear what is the different counteranion that attached to cationic quaternary ammonium radical other than “S-CO2-”?. Clarification or correction is required.
Claims 4 and 11 recite the limitation “b) the sophorolipid not defined in general formula (I) and/or the cation not defined in general formula (I)”. It is unclear which are the limitations of the sophorolipid that not defined in general formula (I)?. Clarification or correction is required.
Claim 9 recites the phrase “in particular”. The phrase “in particular” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. Correction is required.
Claims 5-8 and 12-17 are dependent upon rejected claims. Therefore, claims 5-8 and 12-17 are rejected as well.
Claim Rejections - 35 USC § 102
4 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.
5 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 10 are rejected under 35 U.S.C. 102(a)1 as being anticipated by Elisabeth et al. (Novel lipid-based quaternary ammonium sophorolipid amphiphiles).
Elisabeth et al. (Novel lipid-based quaternary ammonium sophorolipid amphiphiles) teaches a compound having the following chemical structure:
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Which is identical to the claimed formula (I), when in the claimed formula (I) a sophorolipid carboxylate anion radical having an ammonium counteraction attached to the sophorolipid where in the quaternary ammonium compound, R1 and R2 are methyl groups (1 carbon atom) and R3 and R4 are alkyl radicals of C10 to C18 as claimed in claims 1 and 10 (see page 10, Scheme 1). Elisabeth et al. (Novel lipid-based quaternary ammonium sophorolipid amphiphiles) teaches all the limitations of the instant claims. Hence, Elisabeth et al. (Novel lipid-based quaternary ammonium sophorolipid amphiphiles) anticipates the claims.
Conclusion
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/EISA B ELHILO/Primary Examiner, Art Unit 1761
