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 .
Applicants' arguments in the Request for Continued Examination, filed January 16, 2026, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims
Claim Rejections - 35 USC § 103 – Obviousness (Maintained Rejection)
Claims 1-4 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (US 2002/0031481) in view of Amano et al. (JP 2009137908).
Xu et al. disclose dentifrice gel or paste compositions comprising about 40% to 70% by weight baking soda (sodium bicarbonate), natural or herbal ingredients, flavoring oils, xanthan gum, at least of betaine surfactant and a humectant (Abstract). The compositions also comprise water (Examples). Dentifrices have long been known and used to clean teeth and to combat plaque (paragraph 0003). Betaines include cocoamidopropyl betaine and cocoamidosulfobetaine and comprise 0.5 to 5% by weight of the composition (paragraph 0014). Sodium lauryl sulfate maybe used and comprises less than 2%. Natural or herbal ingredients include aloe (an anti-inflammatory agent, meeting instant claim 8). Sweeteners include stevioside (stevia) and comprise less than about 1% of the dentifrice formulations (paragraph 0033). A compositions comprises 67.262% baking soda, 0.85% xanthan gum, 4% cocoamidopropyl betaine (30%), glycerin, peppermint oil, sage oil and water (TABLE 1, Formula A).
Xu et al. differ from the instant claims insofar as they do not disclose that sodium lauryl sulfate is used in combination with a betaine surfactant.
Amano et al. disclose a dentifrice composition comprising a combination of a betaine surfactant and sodium lauryl sulfate. The weight ratio of sodium lauryl sulfate / betaine ranges from 0.3 to 300 (Abstract). The dentifrice composition of the present invention has an excellent gingival tightening feeling derived from sodium chloride, is excellent in foamability and foam persistence, and has a good feeling of use without bitterness. It was shown that a dentifrice composition containing sodium chloride, (B) xanthan gum, (C) a betaine-type amphoteric surfactant, and (D) sodium lauryl sulfate and blending so that (D) / (C) is 0.3 to 300 by mass ratio, excellent gingival tightening feeling and foaming during use was exhibited, and excellent foam sustainability and good bitterness without feeling bitterness was obtained. It was found that the salty taste of sodium bicarbonate or sodium chloride is alleviated. Betaines include cocamidopropyl betaine.
It would have been obvious to one of ordinary skill in the art prior to filing the instant application to have used a combination of sodium lauryl sulfate and cocoamidopropyl betaine in a ratio ranging from 0.3 to 300 in the composition of Xu et al. motivated by the desire to use a combination that helps alleviate the salty taste of sodium bicarbonate.
The prior art disclose a ratio of 0.3 to 300 whereas the instant claims recite 3:1 to 3.8:1 sodium lauryl sulfate to betaine. It is well-settled, however, that even a slight overlap in range establishes a prima facie case of obviousness. Accordingly, since an overlap plainly exists here, it would have been obvious to have selected values within the overlap. See MPEP 2144.05.
Conclusion
Claims 1-4 and 6-8 are rejected.
No claims allowed.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEZAH ROBERTS whose telephone number is (571)272-1071. The examiner can normally be reached Monday-Friday 11:00-7:30.
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/LEZAH ROBERTS/Primary Examiner, Art Unit 1612
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