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 Request for Continued Examination, filed July 17, 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 Rejections and/or objections not reiterated from previous office actions are hereby withdrawn.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 (New Rejections)
1) Claims 34-37 and 40-43 are rejected under 35 U.S.C. 103 as being unpatentable over Oertling et al. (US 20110081303) in view of Aida et al. (US 20090275669).
Oertling et al. disclose teeth cleaning compositions with reduced bitter sensation. A tooth cleaning compound according to the invention contains menthol and a quantity, for masking the bitterness of the menthol, of menthane carboxylic acid-N-(4-methoxyphenyl)-amide (WS-12) (Abstract). Teeth cleaning compounds currently available in the market for use with a toothbrush, in particular toothpastes, tooth cremes, tooth cleaning gels and tooth powders, these days usually contain a relatively large number of agents, e.g. to act against caries, dental plaque, gingivitis, dental neck sensitivity, dental calculus formation, bad breath, and so on. These agents are often accompanied by highly unpleasant taste impressions, so that the said teeth cleaning compounds are normally highly flavored. Substances such as triclosan, potassium or zinc citrate, tin chloride, tin fluoride, amine fluoride, or cetylpyridinium chloride can for example lead to salty, metallic, acrid, bitter, astringent, anaesthetizing, burning, soapy or stale taste notes (paragraph 0006). Cooling agents may be used in the compositions and include menthyl acetate, l-menthoxy-1,2-propanediol and p-menthane-3,8-diol (paragraph 0101). Flavoring agents are used and the flavoring agent composition comprises menthol and a quantity of menthane carboxylic acid-N-(4-methoxyphenyl)-amide (WS-12) to mask the bitterness of the menthol (paragraphs 0014 to 0016). In particular the flavoring agent composition to be used according to the invention with the components a) menthol, b) WS-12 and c) one or more further flavoring agents, masks unpleasant, above all bitter or metallic, taste impressions, such as those caused by substances such as zinc citrate, zinc sulfate, poly- and pyrophosphates, bicarbonates (e.g. sodium bicarbonate), strontium- and potassium salts (for example potassium citrate, potassium nitrate, potassium chloride, strontium chloride), tin pyrophosphate, tin chloride, aluminum lactate and mixtures thereof (paragraph 0113). The flavoring agents comprise 0.5% WS-12 (Examples). A bleach toothpaste comprises 5% sodium bicarbonate (at least 5%), 2% sodium carbonate and 1.25% of the flavoring agent (II, paragraph 0209). When 1.25% of the flavoring agent is added to the final composition, 0.0065% WS-12 (instant claim 40) is present in the final composition. A second composition comprises 15% sodium bicarbonate (at least 10%), 2% sodium carbonate and 1.5% of the flavoring agent (III, paragraph 0209). When 1.5% of the flavoring agent is added to the final composition, 0.0078% WS-12 (instant claim 40) is present in the final composition.
Oertling et al. differ from the instant claims insofar as they do not disclose 1-(2-hydroxy-4-methylcyclohexyl)ethenone alone or in combination with another cooling agent.
Aida et al. disclose A flavor and fragrance composition with a cooling sensation effect comprising 1-(2-hydroxy-4-methylcyclohexyl)ethenone (Abstract). The A flavor and fragrance composition with a cooling sensation effect comprising 1-(2-hydroxy-4-methylcyclohexyl)ethenone may be used in combination with other cooling agents to form a flavor and fragrance composition. Cooling sensation substances include menthol, menthone, 3-1-menthoxypropane-1,2-diol, N-alkyl-p-menthane-3-carboxamide, 3-1-menthoxy-2-methylpropane-1,2-diol, p-menthane-3,8-diol, 2-1-menthoxyethane-1-ol, 3-1-menthoxypropane-1-ol, 4-1-menthoxybutane-1-ol, menthyl 3-hydroxybutanoate, menthyl lactate. The flavor composition may be added to oral care compositions such as toothpaste (paragraph 0070). The composition has a strong cooling sensation effect and excellent lasting effect of a cool and refreshing feeling and a cooling sensation without any stimulating sensation, malodor, and bitter taste originating from the cooling sensation agent when it is used for obtaining the cooling sensation effect. The 1-(2-hydroxy-4-methylcyclohexyl)ethanone has a strong cooling sensation effect with a good lasting property and without any problems of a stimulating sensation, malodor and bitter taste, therefore the compound is useful as a cooling sensation agent (paragraph 0012).
It would have been obvious to one of ordinary skill in the art prior to filing the instant application to have used 1-(2-hydroxy-4-methylcyclohexyl)ethenone alone or in combination with menthyl acetate, l-menthoxy-1,2-propanediol or p-menthane-3,8-diol in the composition of Oertling et al. because 1-(2-hydroxy-4-methylcyclohexyl)ethenone has a strong cooling sensation effect with a good lasting property and without any problems of a stimulating sensation, malodor and bitter taste.
It would have been obvious to one of ordinary skill in the art prior to filing the instant application to have used the flavor combination comprising 1-(2-hydroxy-4-methylcyclohexyl)ethanone with menthyl acetate, l-menthoxy-1,2-propanediol or p-menthane-3,8-diol to mask, reduce or inhibit, the salty taste of sodium bicarbonate because the flavor masks unpleasant taste impressions of salts such as bicarbonates as disclosed by Oertling et al.
2) Claims 34-36 and 38-43 are rejected under 35 U.S.C. 103 as being unpatentable over Akaha et al. (JP 2008115114) in view of Aida et al. (US 20090275669) and Oertling et al. (US 20110081303).
Akaha et al. disclose dentifrice compositions comprising 0.5 to 10% sodium chloride. Sodium chloride is mixed with other components in the dentifrice compositions. The compositions comprise perfumes such as 3-l-mentoxypropane-1,2-diol, thymol, linalool, linalyl acetate, limonene, menthone, menthyl acetate, N-substituted-paramentane-3-carboxamide. The perfumes/fragrances/flavors comprise 0.000001 to 1% by weight of the compositions, meeting instant claim 40 or 0.01 to 1% by weight (Abstract). Dentifrice compositions include toothpaste (page 4, BEST-MODE).
Akaha et al. differ from the instant claims insofar as they do not disclose perfumes such as 1-(2-hydroxy-4-methylcyclohexyl)ethenone or that it masks the salty taste of sodium chloride.
Aida et al. disclose A flavor and fragrance composition with a cooling sensation effect comprising 1-(2-hydroxy-4-methylcyclohexyl)ethenone (Abstract). The A flavor and fragrance composition with a cooling sensation effect comprising 1-(2-hydroxy-4-methylcyclohexyl)ethenone may be used in combination with other cooling agents to form a flavor and fragrance composition. Cooling sensation substances include menthol, menthone, 3-1-menthoxypropane-1,2-diol, N-alkyl-p-menthane-3-carboxamide, 3-1-menthoxy-2-methylpropane-1,2-diol, p-menthane-3,8-diol, 2-1-menthoxyethane-1-ol, 3-1-menthoxypropane-1-ol, 4-1-menthoxybutane-1-ol, menthyl 3-hydroxybutanoate, menthyl lactate. The flavor composition may be added to oral care compositions such as toothpaste (paragraph 0070). The composition has a strong cooling sensation effect and excellent lasting effect of a cool and refreshing feeling and a cooling sensation without any stimulating sensation, malodor, and bitter taste originating from the cooling sensation agent when it is used for obtaining the cooling sensation effect. The 1-(2-hydroxy-4-methylcyclohexyl)ethanone has a strong cooling sensation effect with a good lasting property and without any problems of a stimulating sensation, malodor and bitter taste, therefore the compound is useful as a cooling sensation agent (paragraph 0012).
It would have been obvious to one of ordinary skill in the art prior to filing the instant application to have used 1-(2-hydroxy-4-methylcyclohexyl)ethenone alone or in combination with menthyl acetate, l-menthoxy-1,2-propanediol or p-menthane-3,8-diol in the composition of Akaha et al. because 1-(2-hydroxy-4-methylcyclohexyl)ethenone has a strong cooling sensation effect with a good lasting property and without any problems of a stimulating sensation, malodor and bitter taste.
Akaha et al. in view of Aida et al. differs from the instant claims insofar as it does not disclose the combination masks the salty taste of sodium chloride.
Oertling et al. are discussed above and disclose that a flavoring agent is used and the flavoring agent composition comprises menthol and a quantity of menthane carboxylic acid-N-(4-methoxyphenyl)-amide (WS-12). In particular the flavoring agent composition to be used according to the invention, with the components a) menthol, b) WS-12 and c) one or more further flavoring agents, masks unpleasant, above all bitter or metallic, taste impressions, such as those caused by substances such as zinc citrate, zinc sulfate, poly- and pyrophosphates, bicarbonates (e.g. sodium bicarbonate), strontium- and potassium salts (for example potassium citrate, potassium nitrate, potassium chloride, strontium chloride), tin pyrophosphate, tin chloride, aluminum lactate and mixtures thereof (paragraph 0113). The perfumes/fragrances/flavors comprise 0.000001 to 1% by weight of the compositions, meeting instant claim 40 or 0.01 to 1% by weight (Abstract).
It would have been obvious to one of ordinary skill in the art prior to filing the instant application to have used a flavor combination comprising 1-(2-hydroxy-4-methylcyclohexyl)ethanone with menthyl acetate, l-menthoxy-1,2-propanediol or p-menthane-3,8-diol to mask, reduce or inhibit, the salty taste of sodium bicarbonate because the flavor masks unpleasant taste impressions of salts such as bicarbonates as disclosed by Oertling et al.
It would have been obvious to one of ordinary skill in the art prior to filing the instant application to have added 1-(2-hydroxy-4-methylcyclohexyl)ethanone with menthyl acetate, l-menthoxy-1,2-propanediol or p-menthane-3,8-diol to mask, reduce or inhibit, the salty taste and improve the taste of the toothpaste compositions because it is suggested as a perfume by Akaha et al. and because flavors can also mask unpleasant, bitter or metallic, taste impressions, such as those caused by substances such as salts as disclosed by Oertling et al.
In regards to the at least 5 and 10% salt, Akaha et al. disclose a range of 0.5 to 10% sodium chloride, wherein 10% would meet at about 5% and at least 10% (instant claim 39) salt.
Conclusion
Claims 34-43 are rejected.
No claims allowed.
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/LEZAH ROBERTS/ Primary Examiner, Art Unit 1612
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