www.uspto.gov
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/724,019
`
`04/19/2022
`
`Katie F. WLASCHIN
`
`80025US010
`
`1017
`
`3M INNOVATIVE PROPERTIES COMPANY
`PO BOX 33427
`ST. PAUL, MN 55133-3427
`
`MAEWALL, SNIGDHA
`
`1612
`
`01/05/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
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`LegalUSDocketing@mmm.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`17/724,019
`WLASCHIN etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`SNIGDHA MAEWALL
`1612
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 09/11/23.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1.and 20-38 is/are pending in the application.
`)
`Claim(s)
`5a) Of the aboveclaim(s)
`is/are withdrawn from consideration.
`Claim(s) 1,20-24 and 27-34is/are allowed.
`Claim(s) 25-26 is/are rejected.
`)
`Claim(s) 25 and 35-38 is/are objected to.
`(J Claim(s
`are subject to restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Application Papers
`10)L) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__is/are: a)C] accepted or b){) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)C) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)LJ None ofthe:
`b)L) Some**
`a)L} All
`1.1 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) [[] Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231228
`
`

`

`Application/Control Number: 17/724,019
`Art Unit: 1612
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
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`underthe first inventor to file provisions of the AIA.
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`Detailed Action
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`Previous Rejections
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`Applicants’ arguments, filed 09/11/23 have beenfully considered. Rejections
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`and/or objections notreiterated from previous office actions are hereby withdrawn. The
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`following rejections and/or objections are either reiterated or newly applied. They
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`constitute the complete set presently being applied to the instant application.
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`Claim Objections:
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`Claims 25 and 35-38 are objected to because of the following informalities:
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`Claims 25 and 35 recite the limitation “MCT” without reciting the full form of MCT at
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`least oncein the claims. Appropriate correction is required. Claims 36-38 are objected
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`to for being dependent upon an objected base claim 35. Claim 36 is suggested to be
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`rewritten as “wherein the one or more polyglycerol ester surfactant is polyglycerol-10-
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`dipalmitate and polyglyceryl-6-distearate’. Examiner suggests rewriting claims 29-30
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`and 37 as above as well in order to make the claim limitations/language clear.
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`Claim Rejections - 35 USC § 112, indefiniteness
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`The following is a quotation of 35 U.S.C. 112(b):
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`The specification shall conclude with one or moreclaims 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-AlA), second paragraph:
`
`

`

`Application/Control Number: 17/724,019
`Art Unit: 1612
`
`Page 3
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`The specification shall conclude with one or moreclaims particularly pointing out and distinctly claiming the
`subject matter which the applicant regards as his invention.
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`Claims 25-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA),
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`second paragraph, as being indefinite for failing to particularly point out and distinctly
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`claim the subject matter which the inventor or a joint inventor, or for pre-AlA the
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`applicant regards as the invention. Claims 25-26 recite the limitation “comprising or
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`consisting essentially of’ which makesthe claim indefinite becauseit is not clear
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`whetherthe claim recites open-ended limitation which includesall the unrecited
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`componentsor only consists of components that do not materially affect the
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`composition. Examiner suggests reciting either “comprising” or “consisting essentially
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`of” limitation for the composition.
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`Claims 1, 20-24 and 27-34 arefree of art.
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`Actionis final
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`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).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`
`
`MONTHS from the mailing date of this action. In the eventafirst reply is filed within
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`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`

`

`Application/Control Number: 17/724,019
`Art Unit: 1612
`
`Page 4
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`the advisory action.
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`In no event, however,will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Correspondence
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to SNIGDHA MAEWALLwhosetelephone numberis
`
`(571)272-6197. The examiner can normally be reached on Mondaythru Friday; 8:30
`
`AM to 5PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Frederick Krass can be reached on 571-272-0580. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published
`
`applications may be obtained from either Private PAIR or Public PAIR. Status
`
`information for unpublished applications is available through Private PAIR only. For
`
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`have questions on accessto the Private PAIR system, contact the Electronic Business
`
`Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO
`
`Customer Service Representative or access to the automated information system, call
`
`800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/SNIGDHA MAEWALL/
`Primary Examiner, Art Unit 1612
`
`