DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Applicants' arguments in the Request for Continued Examination, filed April 9, 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 Rejections and/or objections not reiterated from previous office actions are hereby withdrawn.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)
1) Claims 21, 24-28, 30-31, 35 and 39 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Ramji et al. (US 2008/0008665).
Ramji et al. disclose oral care composition comprising flavor compositions. The composition comprises stannous ions, a mint-type flavor oil, a protectant component and orally acceptable carriers. Stannous ions include stannous fluoride and stannous chloride (paragraph 0037) and comprises 0.25% to about 11% by weight of the composition (paragraph 0037). Suitable protectant components include copper salts and carbonyl compounds such as cis-jasmone; vanillin; ethyl vanillin (instant claims 25 and 36); anisaldehyde; 3,4-methylenedioxybenzaldehyde; 3,4-dimethoxybenzaldehyde; 4-hydroxybenzaldehyde; 2-methyoxybenzaldehyde; 4-methoxybenzaldehyde; benzaldehyde; cinnamaldehyde (3-phenyl-2-propenal); hexyl cinnamaldehyde; methyl cinnamaldehyde; ortho-methoxy cinnamaldehyde; .alpha.-amyl cinnamaldehyde; gamma-undecalactone (instant claims 25, 30 and 36-37) and combinations thereof (paragraph 0033). The oral care composition may be a dentifrice (Abstract). The compositions are placed in a dispenser (paragraph 0014). Surfactants include anionic surfactants such as sodium lauryl sulfate. Other suitable surfactants include amphoteric surfactants such as cocoamidopropyl betaine (paragraph 0078). Anti-tartar agents include polyphosphates and comprise at least 1.5% of the composition (US 4,590,066, col. 2, lines 42-47). Polyphosphates include tetrasodium pyrophosphate and tripolyphosphate (paragraphs 0041-0043). An example comprises 0.454% stannous fluoride, 1.5% stannous chloride, 20% silica abrasive, 5% of a 28% solution of sodium lauryl sulfate, 0.3% sodium saccharin, 0.525% titanium dioxide and 1% flavor. The flavor may comprises 3% heliotropine (0.03% in the final composition) (instant claim 1), 7% vanillin, 7% ethyl vanillin and 4% anethole (Example IIIG). The composition comprises no enzyme or zinc. In regards to the Normalized Percent Stain Reduction at least 40%, this is a property of the flavor and therefore the heliotropine has this property.
Ramji et al. are not anticipatory insofar as it does not exemplify a composition comprising the recited polyphosphates or the recited range. However, generally, it is prima facie obvious to select a known material for incorporation into a composition, based on its recognized suitability for its intended use. See MPEP 2144.07. Therefore it would have been obvious to one of ordinary skill in the art prior to filing the instant application to have added a polyphosphate to the composition of for their anti-tartar effect.
Polyphosphates comprise at least 1.5% of the composition. They have an anti-tartar effect and therefore are a result effective variable. Therefore, it would have taken no more than the relative skill of one of ordinary skill in the art to have adjusted the amount of polyphosphate from about 2% to about 30% motivated by the desire to yield the desired therapeutic effect.
Response to arguments
The Examiner submits that Ramji suggests using the components together without zinc. This is supported by example IIIG, which comprises no zinc and no phosphate buffer. Ramji also discloses that polyphosphates may be added as the anticalculus agent. Therefore, Ramji suggest using the combination together. When the polyphosphate is added, it will be the only phosphate in the composition. In regards to the Normalized Percent Stain Reduction of at least about 40%, it would appear that this is dependent on the components such as the flavor. Ramji discloses the flavor may be anisaldehyde, which has a Normalized % Stain Reduction of 54.93%. Therefore, when present, the composition would have a Normalized % Stain Reduction above 40%.
The rejection has been withdrawn in regards to instant claim 22.
Allowable Subject Matter
Claim 22 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Claims 21, 24-31, 35 and 39 are rejected.
Claim 22 is objected.
No claims allowed.
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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