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
Status of Claims
Note: The amendment of November 25th 2025 has been considered.
Claim 41 has been amended.
Claims 1-40, 44, 46, 47 and 60 are cancelled.
Claims 41-43, 45, 48-59 and 61-64 are pending and examined in the current application.
Any rejections not recited below have been withdrawn.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35 of the U.S. Code not included in this action can be found in a prior Office action.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 41-43, 45, 48-59 and 61-64 are rejected under 35 U.S.C. 103 as being unpatentable over Stadler et al. (US PatPub. 2014/0178444 A1) in view of Schilling et al. (USPatPub 2014/0296168A1).
Regarding claims 41 and 49-52 and 61: Stadler discloses an anti-bacterial preservative composition with a reduced bitter taste to be used in food products, wherein the preservative composition comprises 5-100wt% glycolipids (see Stadler abstract; paragraphs [0033]-[0037], [0044], [0094] and [0569]) and between 0.01-1wt% preservative, preferably sorbic acid and benzoic acid and/or salts thereof (see Stadler paragraphs [0155]-[0156], [0161], [0227]) and the pH of the composition is less than 7.6 (see Stadler paragraph [0162]). Since the glycolipid and preservative contents and the pH recited in claims 41 and 52 overlap or lie inside the glycolipid and preservative contents and pH in Stadler, a prima facie case of obviousness exists (see MPEP §2144.05).
As to the rhamnolipid compositions and ratios recited in claims 41, 44-48 and 56-59: Stadler discloses the glycolipids may comprise rhamnolipids (see Stadler abstract; paragraphs [0033]-[0037], [0044], [0094] and [0569]), but fails to disclose the relative contents of the specific rhamnolipids (i.e., mono-rhamnolipids and di-rhamnolipids); However, Schilling discloses that mixtures of di-rhamnolipids and mono-rhamnolipids with di-rhamnolipids content of 51wt% to 95wt%, and mono-rhamnolipids content of 0.5wt% and 9wt%, and with the di-rhamnolipids to mono-rhamnolipids ratio of greater than 91:9, provide superior anti-microbial protection (see Schilling abstract; paragraphs [0039]). Therefore it would have been obvious to a skilled artisan at the time the application was filed to have modified Stadler and to have used a mixture of 51wt% to 95wt% di-rhamnolipids and 0.5wt% and 9wt% mono-rhamnolipids, with the di-rhamnolipids to mono-rhamnolipids ratio of greater than 91:9, in order to attain a superior anti-microbial protection, and thus arrive at the claimed limitations.
Given the fact independent claim 41 does not recite rhamnolipids, the disclosure in Stadler encompasses the mono rhamnolipids and di-rhamnolipids contents and ratios recited in claims 44-48 and 56-59.
Regarding claim 42, 54 and 55: Stadler discloses the preservative composition comprises 5-100wt% glycolipids (see Stadler abstract; paragraphs [0044] and [0094]) and between 0.01-1wt% preservative (see Stadler paragraphs [0155]-[0156], [0161], [0227]). Since the glycolipid to preservatives ratio recited in claims 42, 54 and 55 overlaps the glycolipid to preservatives in Stadler, a prima facie case of obviousness exists (see MPEP §2144.05).
Regarding claim 43: Stadler discloses the preservative composition comprises preservatives such as, isothiazolinones, phenoxyethanol, benzyl alcohol, parabens, antimicrobial peptides, terpenes, antimicrobial fatty acids, formaldehyde releasers and alcohols (see Stadler paragraph [0177]).
Regarding claim 53: Stadler discloses the preservative composition comprises 5-100wt% glycolipids, that may be rhamnolipids (see Stadler abstract; paragraphs [0033]-[0037], [0044], [0094] and [0569]) and between 0.01-1wt% preservative, such as sorbic acid, benzoic acid and salts thereof (see Stadler paragraphs [0155]-[0156], [0161], [0227]) and the pH of the composition is less than 7.6 (see Stadler paragraph [0162]). Since the rhamnolipid and preservative contents and the pH recited in claim 53 overlap or lie inside the rhamnolipid and preservative contents and pH in Stadler, a prima facie case of obviousness exists (see MPEP §2144.05).
Response to Arguments
Applicant's arguments filed on November 25th 2025 have been fully considered but they are not persuasive.
Applicant argues the prior art references fail to render the claimed invention obvious, because the claimed combination is one of many other possible combination disclosed in the prior art. The examiner respectfully disagrees.
Given the fact the claimed species is clearly named, the claim is met, no matter how many other possible species are named (see MPEP §2131.02(II))
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSAF ZILBERING whose telephone number is (571)270-3029. The examiner can normally be reached M-F 8:30-5:00.
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/ASSAF ZILBERING/Examiner, Art Unit 1792