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, filed September 29, 2025, 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 Rejections and/or objections not reiterated from previous office actions are hereby withdrawn.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 Modified Rejections)
1) Claims 34-37 and 40-42 are rejected under 35 U.S.C. 103 as being unpatentable over Oertling et al. (US 20110081303). The rejection is maintained.
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 specifically disclose that it is menthyl acetate, l-menthoxy-1,2-propanediol or p-menthane-3,8-diol that masks the salty taste of a salt, such as sodium bicarbonate. However 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 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.
Response to Arguments
The Examiner submits that the flavoring agents comprise cooling agents. It would have been obvious to have used menthyl acetate, l-menthoxy-1,2-propanediol and p-menthane-3,8-diol as a cooling agent in the flavoring compositions of Oertling et al. to mask unpleasant taste because it is suggested by Oertling et al. In regards to bitter taste and salty taste, Oertling discloses unpleasant taste. One of ordinary skill in the art would recognize that this would include salty taste. Further, Oertling et al. specifically states that the flavoring agents masks unpleasant, above all bitter or metallic, taste impressions, such as those caused by substances such as triclosan, zinc citrate, zinc sulfate, poly- and pyrophosphates, and bicarbonates (e.g. sodium bicarbonate), which is the salt of instant claims 37. Therefore, the flavoring compositions would mask the salty taste of sodium bicarbonate. In regards to WS-12 being necessary, Oertling et al. disclose cooling agents may be used in addition to WS-12, which include those recited by the instant claims. Therefor is nothing in the instant claims that exclude WS-12. Therefore, when the cooling agents such as l-menthoxy-1,2-propanediol and p-menthane-3,8-diol are used in the composition of Oertling et al., this will meet the method of the instant claims. In regards to the cooling agents not masking bitter taste, nothing in the claims exclude WS-12. Further cooling agents are used in conjunction with WS-12 and include components recited in the instant claims. Therefore, one of ordinary skill in the art would reasonably conclude that the cooling agents, l-menthoxy-1,2-propanediol and p-menthane-3,8-diol, would aid in the masking of bitter or salty tastes.
2) Claims 34-36 and 38-42 are rejected under 35 U.S.C. 103 as being unpatentable over Akaha et al. (JP 2008115114) in view of Oertling et al. (US 20110081303). The rejection is maintained.
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 3-l-mentoxypropane-1,2-diol mask 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 added 3-l-mentoxypropane-1,2-diol or flavor combinations comprising 3-l-mentoxypropane-1,2-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, above all bitter or metallic, taste impressions, such as those caused by substances such as salts as disclosed by Oertling et al.
It would also have been obvious to one of ordinary skill in the art prior to filing the instant application to have added flavor agent compositions comprising carboxylic acid-N-(4-methoxyphenyl)-amide to mask, reduce or inhibit, the salty taste and improve the taste of the toothpaste of Akaha et al. because they can mask unpleasant, above all 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.
Response to Arguments
The Examiner submits that the flavoring agents comprise cooling agents. It would have been obvious to have used menthyl acetate, l-menthoxy-1,2-propanediol and p-menthane-3,8-diol as a cooling agent in the flavoring compositions comprising WS-12 of Oertling et al. in the composition of Akaha et al. to mask unpleasant tastes because it is suggested by Oertling et al. In regards to not discussing salty taste, Oertling et al. specifically discloses masking sodium bicarbonate, which is a compound with a salty taste. Therefore the rejection is maintained.
Conclusion
Claims 34-42 are rejected.
No claims allowed.
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.
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