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 .
Final Rejection
Claims 1, 3, 5-7, 9, 12-24 are pending. Claims 1 and 14 are independent.
The rejection of claims 1, 3, 5-7, 9, 12-22 under 35 U.S.C. 103 as being unpatentable over Lant (EP 3 173 467 A1) is maintained.
The rejection of claims 23-24 under 35 U.S.C. 103 as being unpatentable over Lant (EP 3 173 467 A1) in view of Amin et al. (US2014/0154782 A1) is maintained.
Response to Arguments
Applicant's arguments filed 11/17/2025 have been fully considered.
Applicant’s urge Lant [0092] does not teach the vinyl pyrrolidone required by the claim language. In response, Lant [0092] is relied upon for teaching of SOKALAN HP22 tradename which is the same preferred polyethylene glycol graft polymer used by the instant specification US2021/0095229 A1, page 7, [0086].
Applicant’s urge Lant [0092-0093] generally mentions PEG and Vac in a graft form but does not teach grafting VP onto the same PEG or onto Vac. Contrary to Applicant’s arguments, Lant teach from about 0.05% to about 8% [0093] of polyethylene glycol polymer backbone with random grafted polyvinyl acetate side chains [0092] and [0146] Lant teaches that compositions containing polyethylene glycol ("PEG") contain PVP also with PEG to PVP on a ppm basis delivered in wash solutions is from about 2:1 to about 50:1, and more preferably from about 3:1 to about 10:1. See pg 14-15, [0092] and page 23, [0146] along with Lant teaching of the same SOKOLAN HP22 tradename which Applicant’s disclose as the preferred polyethylene glycol graft polymer used by the instant specification makes Applicant’s arguments not persuasive.
On page 9, Applicants urge superior and unexpected results in their table 1. Table 1 is copied herein below and highlights that the graft copolymer 1B-2 (PEG-VP-Vac) has the same % hydrolysis as the graft copolymer IB-1 (PEG-Vac) ie without the VP, thus the showing is neither superior nor unexpected.
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572
836
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Accordingly, the claims as amended are addressed below.
Claim Rejections - 35 USC § 103
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 1, 3, 5-7, 9, 12-22 are rejected under 35 U.S.C. 103 as being unpatentable over Lant (EP 3 173 467 A1).
Lant teach a detergent composition comprising claim 1 (a) at least 5-60 wt% surfactant system containing anionic and nonionic surfactant in a ratio of 1:1 to 99:1. See abstract encompassing the independent claims limitation to a detergent composition comprising from about 10% to about 50% of an anionic and nonionic surfactant system.
Claim 1b, material limitation to copolymer formulas I and III is met verbatim by Lant on page 15, [0095] where Lant labels their soil release polymers as formula VI and VIII. See page 15,ln.15-35.
Regarding claim 1c, Lant teach from about 0.00001% to 2% cellulase enzyme on page 11, line 11 [0074] in detergent compositions comprising the analogous suspension graft copolymer, nonionic polymer and anionic/nonionic surfactant system. The exemplary formulations on pages 29-30, [0194] have amylase, protease and an encapsulated lipase however, one of ordinary skill would have been motivated to choose the claimed cellulase enzyme since Lant suggest the inclusion of cellulases along with the other exemplified enzymes provide cleaning performance and fabric care benefits. See page 11, [0074].
Claim 1 d limitation to 0.1% to about 15% by weight of the composition of a suspension graft copolymer comprising poly(vinylpyrrolidone)-poly(vinyl acetate)-g-poly(ethylene glycol) is met by Lant teaching from about 0.05% to about 8% [0093] of polyethylene glycol polymer backbone with random grafted polyvinyl acetate side chains [0092] and [0146] Lant teaches that compositions containing polyethylene glycol ("PEG") contain PVP also with PEG to PVP on a ppm basis delivered in wash solutions is from about 2:1 to about 50:1, and more preferably from about 3:1 to about 10:1. See pg 14-15, [0092] and page 23, [0146] along with the Lant teaching SOKALAN HP22 tradename which is the same used by the instant specification US2021/0095229 A1, page 7, [0086], as the preferred polyethylene glycol graft polymer. See Lant [0092], page 15,ln.6.
Lant explicitly teaches the claimed copolymer formulas I and III are taught verbatim by Lant on page 15, [0095] labeling their soil release polymers as formula VI and VIII. See page 15,ln.15-35. However, Lant do not explicitly teach the variable X in claim 1 formula II is a bifunctional group containing at least one carbon atom and at least one hydroxyl unit or amine unit. Examiner notes that the formula VII in [0095] does not have the X variable as is claimed in formula II. Examiner’s position is that this difference is not a patentable difference which position is supported by Lant teaching SOKALAN HP22 tradename which is the same used by the instant specification US2021/0095229 A1, page 7, [0086], as the preferred polyethylene glycol graft polymer. See Lant [0092], page 15,ln.6 . And [0146] Lant teaches that compositions containing polyethylene glycol ("PEG") contain PVP also with PEG to PVP on a ppm basis delivered in wash solutions is from about 2:1 to about 50:1, and more preferably from about 3:1 to about 10:1. See pg 14-15, [0092] and page 23, [0146] along with the Lant teaching SOKALAN HP22 tradename which is disclosed as Applicant’s preferred polyethylene glycol graft polymer. See Lant [0092], page 15,ln.6. Furthermore, Lant page 3, [0021] guide one of ordinary skill to modify their polymer with a hydroxylamine encompassing the claimed X bifunctional group.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Lant with the claim 1 copolymer structure formula II wherein X is a bifunctional group containing at least one carbon atom and at least one hydroxyl unit or amine unit as is required by the independent claim 1 because Lant specifically contemplate hydroxylamine insertion into a carboxylic acid modification of the copolymer in a similar soil release polymers to prevent dye transfer and provide beneficial soil release and grease cleaning.
Regarding claims 3 and 5, one of ordinary skill would reasonably expect the claimed properties of molecular weight, hydrolysis of vinyl acetate units, and other properties of the suspension graft copolymer, to be inherent to the suspension graft copolymer SOKALAN HP22 tradename used by the instant specification and the prior art.
Lant teach the detergent may comprise from about 0.00001% to 2% cellulase enzyme. See page 11, line 11 [0074] encompassing the cellulase enzyme of claim 14 and the amount in claim 6.
Regarding the xyloglucanases required by claim 7, Lant guide one of ordinary skill to the inclusion of B-glucanases on page 11, [0074] ln.7. One of ordinary skill is apprised of the knowledge that xyloglucanase enzyme belongs to the family of hydrolases having common names encompassed by Lant’s general teaching of B-glucanases. See the attached WIKIPEDIA pdf for supporting the state of the art.
Regarding claim 9, Lant teach the average molecular weight of the nonionic polyester polyethylene glycol backbone can be in the range of from 2,000 Da to 20,000 Da, or from 4,000 Da to 8,000 Da. See page 14, ln.58-page 15, ln.1 [0092].
Regarding claim 12, Lant define their cleaning composition on page 3, [0020] teaching unit dose formulation in line 45 and liquid laundry detergents in line 51.
Regarding claim 13, Lant teaches a process of laundering fabrics via hand wash or soak contact with a detergent having similar enzymes, the same SOKOLAN HP22 suspension graft copolymer, nonionic polyester copolymer formulas labeled VI, VII and VIII (which are the same claimed nonionic polyester copolymer formulas I, II and III) and anionic and nonionic surfactants.
Lant teach a detergent composition comprising claim 14 (i) at least 5-60 wt% surfactant system containing anionic and nonionic surfactant in a ratio of 1:1 to 99:1. See abstract encompassing the independent claims limitation to a detergent composition comprising from about 10% to about 50% of an anionic and nonionic surfactant system.
Regarding claim 14ii, material limitation to copolymer formulas I and III is met verbatim by Lant on page 15, [0095] where Lant labels their soil release polymers as formula VI and VIII. See page 15,ln.15-35. Specifically, claim 14 ii limitation to about 0.1% to about 5% of the non-ionic polyester copolymer comprising polyethylene glycol units and terephthalate units, is met by soil release polymers having Formula (VI), (VII) or (VIII):
(VI) -[(OCHR1-CHR2)a O-OC-Ar-CO-]d
(VII) -[(OCHR3-CHR4)b-O-OC-sAr-CO-]e
(VIII) -[(OCHR5-CHR6)c-OR7]f as defined on page 15, [0095].
Regarding claim 14(iii), Lant suggest from about 0.00001% to 2% cellulase enzyme on page 11, line 11 [0074] in detergent compositions comprising the analogous suspension graft copolymer, nonionic polymer and anionic/nonionic surfactant system. The exemplary formulations on pages 29-30, [0194] have amylase, protease and an encapsulated lipase however, one of ordinary skill would have been motivated to choose the claimed cellulase enzyme since Lant suggest the inclusion of cellulases along with the other exemplified enzymes provide cleaning performance and fabric care benefits. See page 11, [0074].
Lant explicitly teaches the claimed copolymer formulas I and III are taught verbatim by Lant on page 15, [0095] labeling their soil release polymers as formula VI and VIII. See page 15,ln.15-35. However, Lant do not explicitly teach the variable X in claim 14 formula II is a bifunctional group containing at least one carbon atom and at least one hydroxyl unit or amine unit. Examiner notes that the formula VII in [0095] does not have the X variable as is claimed in formula II. Examiner’s position is that this difference is not a patentable difference which position is supported by Lant teaching SOKALAN HP22 tradename which is the same used by the instant specification US2021/0095229 A1, page 7, [0086], as the preferred polyethylene glycol graft polymer. See Lant [0092], page 15,ln.6 . And [0146] Lant teaches that compositions containing polyethylene glycol ("PEG") contain PVP also with PEG to PVP on a ppm basis delivered in wash solutions is from about 2:1 to about 50:1, and more preferably from about 3:1 to about 10:1. See pg 14-15, [0092] and page 23, [0146] along with the Lant teaching SOKALAN HP22 tradename which is disclosed as Applicant’s preferred polyethylene glycol graft polymer. See Lant [0092], page 15,ln.6. Furthermore, Lant page 3, [0021] guide one of ordinary skill to modify their polymer with a hydroxylamine encompassing the claimed X bifunctional group.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Lant with the claimed copolymer structure formula II wherein X is a bifunctional group containing at least one carbon atom and at least one hydroxyl unit or amine unit as is required by the independent claim 14 because Lant specifically contemplate hydroxylamine insertion into a carboxylic acid modification of the copolymer in a similar soil release polymers to prevent dye transfer and provide beneficial soil release and grease cleaning.
Regarding claims 15-16, Lant teach a polyester soil release polymer comprising polypropylene terephthalate. See page 2, [0005]. Lant teach the composition includes one or more soil release polymers in amount from 0.005% to 10%. See page 15, [0094]. Regarding claim 16 limitation to copolymer formulas I and III are taught verbatim by Lant on page 15, [0095] where Lant labels their soil release polymers as formula VI and VIII. See page 15,ln.15-35.
Regarding claim 17, Lant teach the average molecular weight of the nonionic polyester polyethylene glycol backbone can be in the range of from 2,000 Da to 20,000 Da, or from 4,000 Da to 8,000 Da. See page 14, ln.58-page 15, ln.1 [0092].
Claims 18-19 limitation to 0.1% to about 15% by weight of the composition of a suspension graft copolymer comprising poly(vinylpyrrolidone)-poly(vinyl acetate)-g-poly(ethylene glycol) is met by Lant teaching from about 0.05% to about 8% [0093] of polyethylene glycol polymer backbone with random grafted polyvinyl acetate side chains [0092] and [0146] Lant teaches that compositions containing polyethylene glycol ("PEG") contain PVP also with PEG to PVP on a ppm basis delivered in wash solutions is from about 2:1 to about 50:1, and more preferably from about 3:1 to about 10:1. See pg 14-15, [0092] and page 23, [0146] along with the Lant teaching SOKALAN HP22 tradename which is the same used by the instant specification US2021/0095229 A1, page 7, [0086], as the preferred polyethylene glycol graft polymer. See Lant [0092], page 15,ln.6. One of ordinary skill would reasonably expect the claimed properties of molecular weight, hydrolysis of vinyl acetate units, and other properties of the suspension graft copolymer, to be inherent to the suspension graft copolymer SOKALAN HP22 tradename used by the instant specification and the prior art.
Regarding claims 20-22, Lant page 3, [0021] guide one of ordinary skill to modify their polymer with a hydroxylamine encompassing the claimed X bifunctional group.
Claims 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Lant (EP 3 173 467 A1) as applied to claims 1, 3, 5-7, 9, 12-22 above and further in view of Amin et al. (US2014/0154782 A1).
Lant (EP 3 173 467 A1) is relied upon as set forth above and noting that Lant guide one of ordinary skill to the inclusion of B-glucanases on page 11, [0074] ln.7. However, Lant do not explicitly teach the endolase limitation of claims 23-24.
In the analogous art of cleaning composition, Amin et al. (US2014/0154782 A1) teach it is commonly known to formulate a typical enzyme cocktail mixture of enzymes beneficially including the cellulase, B-glucanases, and endoglucanases. See [0354] page 82 and page 83 [0373-0374] of commonly known enzyme cocktail blends.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to arrive at the claimed detergent composition comprising a xyloglucanase and endolase as required claims 23-24 because Lant et al. already guide one of ordinary skill to the inclusion of B-glucanases in general and Amin et al. guide one of ordinary skill to the commonly known enzyme cocktail mixtures including both xyloglucanase and endolase is known for effective cleaning. One of ordinary skill in the art is motivated to combine the references because they are all in the analogous art of detergent compositions comprising enzymes.
Conclusion
THIS ACTION IS MADE FINAL. 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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/PREETI KUMAR/ Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/ Supervisory Patent Examiner, Art Unit 1761