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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/3/20205 has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Any rejections and/or objections made in the previous Office action and not repeated below are hereby withdrawn.
Election/Restrictions
Applicant’s amendment of claim 1 necessitated further consideration of other non-elected species of R / R’. Accordingly, the prior search was extended and prior art was found that reads on alternative species; the rejections over which are presented below. The search was not extended unnecessarily to cover all nonelected species. MPEP 803.02(III).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 66 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 66 recites “wherein at least one of R or said R’ are butyl”. The limitation at issue is not found within the specification as originally filed. The only mention of butyl is found within ¶ 80 of the specification, where an example using polyoxypropylene monobutyl ether as starting material is used. The full scope of the limitation does not appear to find written support (e.g. a circumstance where both R and R’ are butyl). Accordingly, claim 66 fails to comply with the written description requirement.
Claim 66 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 1 specifies R and R’ cannot be an ether functionality at the same time. Dependent claim 66 recites “wherein at least one of said R or said R’ are butyl”. If both R and R’ are butyl, then the R and R’ ends would have ether functionalities. Since the scope of claim 66 extends beyond the limits imposed by claim 1, claim 66 fails to include all of the limitations of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
Claim(s) 1, 2, 7, 11-13, 15, 17-19, 30, and 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanaka (JP2018-154942A). As the cited JP publication is in a non-English language, a machine-translated version of the publication will be cited to.
Regarding Claims 1 and 2 , Tanaka teaches treating agent compositions (Abstract; Examples) and describes an embodiment in Example 9 comprising compound Polyoxypropylene (36 mol) polyoxyethylene (4 mol) monostearate ester A3 and Polyoxyethylene (2 mol) 2-ethylhexyl ether phosphate potassium salt B1 (¶ 53, 57, 67), consisting with Formula I where R = H and R’ = C(=O)-O-R1 where R1 is C17 alkyl, x = 36, y = 4, and z = 0 and Formula II where R2 = C8 alkyl, x = 2, y = 0, z = 1, and M = K. The compositions are used to treat hydrophobic fibers, rendering them hydrophilic (¶ 6), construed as hydrophobic surface.
Regarding Claim 7, the copolymers of Tanaka can be either block or random (¶ 7).
Regarding Claims 11-13, 15, 17, 18, and 31, Tanaka teaches example 9 is a 1.67 wt% aqueous solution of 70% A4 and 30% B1 (¶ 67), equivalent to 2.33 pbw A4 relative to 1 pbw B1.
Regarding Claim 19, Tanaka teaches embodiments where 5 wt% aqueous solutions are used (¶ 68).
Regarding Claim 30, the limitation of “for treating a hydrophobic surface comprising soil” is construed as a recitation of intended use pertaining to the surfactant mixtures. Case law holds that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2111.02, In re Casey, 152 USPQ 235 (CCPA 1967) and In re Otto, 136 USPQ 458, 459 (CCPA 1963). In the present case, there is no perceivable difference in structure between the surfactant mixtures of the prior art and those claimed. Thus, such mixtures are construed as being capable of performing the indicated intended uses in the absence of evidence to the contrary.
Claim Rejections - 35 USC § 103
Claim(s) 3-6, 9, 14, 16, 20, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (JP2018-154942A). As the cited JP publication is in a non-English language, a machine-translated version of the publication will be cited to.
Tanaka teaches treating agent compositions (Abstract; Examples) and describes an embodiment in Example 9 comprising compound Polyoxypropylene (36 mol) polyoxyethylene (4 mol) monostearate ester A3 and Polyoxyethylene (2 mol) 2-ethylhexyl ether phosphate potassium salt B1 (¶ 53, 57, 67), consisting with Formula I where R = H and R’ = C(=O)-O-R1 where R1 is C17 alkyl, x = 36, y = 4, and z = 0 and Formula II where R2 = C8 alkyl, x = 2, y = 0, z = 1, and M = K. The compositions are used to treat hydrophobic fibers, rendering them hydrophilic (¶ 6), construed as hydrophobic surface.
Regarding Claims 3-6, Tanaka teaches the compounds have 1-20 oxyethylene groups and 10-60 pbw of oxyalkylene groups such as oxypropylene (¶ 9), which overlaps the ranges claimed. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Tanaka suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Tanaka. See MPEP 2123.
Regarding Claim 9, Tanaka teaches the compounds can be polyoxypropylene polyoxyethylene monostearate (¶ 11) with 1-20 oxyethylene groups and 10-60 pbw of oxyalkylene groups such as oxypropylene (¶ 9). Based on molecular weights of 44 for oxyethylene, 58.1 for oxypropylene, and 284.5 for stearic acid, Tanaka describes embodiments where the molecular weight is at least 909.5, which overlaps the range claimed. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Tanaka suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Tanaka. See MPEP 2123.
Regarding Claim 14, Tanaka teaches the weight ratio of A / B ranges from 90/10 to 40/60 (¶ 15). A 2.2 / 1 ratio corresponds with roughly 73/27 A/B. Therefore, Tanaka describes overlapping ranges. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Tanaka suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Tanaka. See MPEP 2123.
Regarding Claim 16, Tanaka teaches polyoxyethylene (5 mol) decylether phosphate potassium salt can be used (¶ 57), which differs from the subject matter claimed with respect to the alkyl group used. In this regard, Tanaka teaches either linear or branched alkyls can be used (¶ 12). Accordingly, it would have been obvious to one of ordinary skill in the art to substitute linear (decyl) with branched (isodecyl) and thereby predictably afford workable treating compositions in accordance with the teachings of Tanaka.
Regarding Claim 20, Tanaka teaches embodiments where 5 wt% aqueous solutions are used (¶ 68). Tanaka also indicates the mixtures can be used indiluted (i.e. 100 wt%) or diluted with water (¶ 21). Thus, Tanaka is seen to suggest effective concentrations spanning 5-100 wt%. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Tanaka suggests the claimed range. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Tanaka. See MPEP 2123.
Regarding Claim 28, Tanaka teaches the further inclusion of surfactant (¶ 16-17).
Claim(s) 1-7, 9, 11-15, 17-20, 28, 30, 31, and 66 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada (WO2019/189922 A1). As the cited WO publication is in a non-English language, a machine-translated version of the publication will be cited to.
Regarding Claims 1, 2, 28, and 30, Okada teaches surfactant mixtures (¶ 6-12; Examples) and describes an embodiment in Example 13 comprising compound A-2, which is a stearic acid ester of polyoxyethylene/polyoxypropylene ether of 1-tridecanol and compound B3 which is a mixture of mono- and di-phosphates of polyoxyethylene methyl ether (¶ 45, 47-49, 59). For A-2, Okada teaches a preference for 2-15 mols of ethylene oxide and 10-70 mols of propylene oxide (¶ 21, 23). Compound B3 has 2 mol of ethylene oxide and M is H (¶ 49). The presence of further surfactant C3 is optional (Table 5; ¶ 14).
The limitations “wetting agent” and “mixture for treating a hydrophobic surface” such as soil are construed as recitations of intended use pertaining to the surfactant mixtures. Case law holds that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2111.02, In re Casey, 152 USPQ 235 (CCPA 1967) and In re Otto, 136 USPQ 458, 459 (CCPA 1963). In the present case, there is no perceivable difference in structure between the surfactant mixtures of the prior art and those claimed. Thus, such mixtures are construed as being capable of performing the indicated intended uses in the absence of evidence to the contrary.
The particular embodiment of Okada differs from the subject matter claimed in that M = H and the alkyl group (tridecanol) exceeds the C1-6 range claimed. However, Okada teaches M can be metals such as Na, K, Ca, Mg, or Li (¶ 26, 31). Accordingly, it would have been obvious to one of ordinary skill in the art to substitute H with a metal such as Na, K, Ca, Mg, or Li, thereby predictably affording workable surfactant mixtures suitable for use as antifoaming agents in accordance with the teachings of Okada. Okada further teaches the relevant alkyl group can range form 1-30 carbons (¶ 16), which overlaps the range claimed. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Okada suggests the claimed range. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Okada. See MPEP 2123.
Regarding Claims 3-6, Okada describes an embodiment in Example 13 comprising compound A-2, which is a stearic acid ester of polyoxyethylene/polyoxypropylene ether of 1-tridecanol (¶ 45). For A-2, Okada teaches a preference for 2-15 mols of ethylene oxide (corresponding with “y”) and 10-70 mols of propylene oxide (corresponding with “x”) (¶ 21, 23). The disclosed values overlap the ranges claimed. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Okada suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Okada. See MPEP 2123.
Regarding Claim 7, Okada teaches embodiments where first compound is a block copolymer (¶ 23).
Regarding Claim 9, Okada describes an embodiment in Example 13 comprising compound A-2, which is a stearic acid ester of polyoxyethylene/polyoxypropylene ether of 1-tridecanol (¶ 45). For A-2, Okada teaches a preference for 2-15 mols of ethylene oxide (corresponding with “y”) and 10-70 mols of propylene oxide (corresponding with “z”) (¶ 21, 23). Given the molecular weights of stearate (283.5), tridecyl (183.4), oxyethylene (44), and oxypropylene (58.1), Okada is suggestive of molecular weights spanning [283.5 + 183.4 + (44 x 2) + (58.1 x 10)] = 1,140 to [283.5 + 183.4 + (44 x 15) + (58.1 x 70)] = 5194, which overlaps the range claimed. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Okada suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Okada. See MPEP 2123.
Regarding Claims 11-14, Okada teaches the mass ratio of (A)/(B) is preferably 99/1 to 60/40 (¶ 32) whereby the content of monophosphate is B is preferably 10-70 wt% (¶ 30), suggestive of ratios spanning 2.1:1 to 990:1. The disclosed range overlaps the ranges claimed. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Okada suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Okada. See MPEP 2123.
Regarding Claims 15 and 31, Okada teaches the surfactant mixtures can be diluted with water (¶ 36) whereby the total content of phosphate B ranges from 1-40 wt% (¶ 32) whereby the content of monophosphate is B is preferably 10-70 wt% (¶ 30). Therefore, Okada is suggestive of overlapping ranges. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Okada suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Okada. See MPEP 2123.
Regarding Claims 17-20, Okada teaches the surfactant compositions comprise 60-99 wt% of A and 1-40 wt% of B (¶ 24, 32), suggesting overlapping ranges. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Okada suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Okada. See MPEP 2123.
Regarding Claim 66, Okada teaches the alkyl groups can be butyl (¶ 16).
Claim(s) 1-7, 9, 11-20, 28, 30, and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Palmer (US 2008/0172937 A1) in view of Hayakawa (JP2007-107131A). As the cited JP publication is in a non-English language, a machine-translated version of the publication will be cited to.
Regarding Claims 1-6 and 28, Palmer teaches compositions comprising wetting agents of nonionic surfactants (Abstract; ¶ 42) that may be further used in combination with other surfactants such as phosphates (Abstract; ¶ 73). Palmer teaches surfactants of Formula I where preferably x is 19, y = 2, and z = 0 (¶ 46-47) and where one terminal end is a C1-C24 alkylaryl group and the other an ester from a C1-C24 fatty acid (¶ 50). Both terminal ends may also be ester from C1-C24 fatty acid (¶ 46). Palmer teaches the compositions are useful for the treatment of hydrophobic surfaces, such as fabrics (¶ 2, Examples). Palmer differs from the subject matter claimed in that particular phosphate surfactants consistent with Formula II is not described.
Hayakawa is also directed toward surfactant treating compositions that can be used to render surfaces such as fibers hydrophilic (¶ 1, 54). Hayakawa teaches the further inclusion of phosphate and polyglyceryl fatty acid surfactants in specified proportions provides excellent uniformity and hydrophilicity characteristics (¶ 13, 15, 47, 54; Examples). It would have been obvious to one of ordinary skill in the art to further include the phosphate and polyglyceryl fatty acid surfactants of Hayakawa within the compositions of Palmer because doing so would provide excellent uniformity and hydrophilicity characteristics as taught by Hayakawa.
Hayakawa describes examples using phosphates consistent with Formula II, such as potassium octyl phosphate or potassium polyoxyethylene dodecyl ether phosphate with 5 mols of oxyethylene (¶ 61). The further polyglyceryl fatty acid surfactant of Hayakawa is none of surfactant III/IV, surfactant V, or silicone surfactant (¶ 46).
Regarding Claim 7, Palmer teaches the copolymers can be random or block copolymers (¶ 46).
Regarding Claim 9, Palmer teaches examples where a polyalkylene oxide monoether with a molecular weight of 1200 is subject to esterification with stearic acid (MW = 284.5) to provide surfactant (¶ 77-78), suggesting embodiments where the surfactant has a molecular weight of roughly 1467.
Regarding Claims 11-14, Hayakawa teaches 20-70 wt% of nonionic surfactant and 15-50 wt% of phosphate surfactant (¶ 5-7, 35-36), which is suggestive of overlapping ratios (e.g. for 20 wt% of phosphate, 20-70 wt% of nonionic surfactant would correspond with a 1:1 to 3.5:1). It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Hayakawa suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Hayakawa. See MPEP 2123.
Regarding Claims 15 and 31, Palmer teaches the treating agents are in the form of aqueous solutions, such as 2 wt% mixtures (¶ 62, 101). Hayakawa teaches the surfactant mixtures can be formulated into treating compositions via dilution with water to 0.1-15 wt% (¶ 51). Accordingly, the combination of surfactants would suggest aqueous solutions with overlapping phosphate contents. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and the combination of references suggest the claimed range. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of the cited art. See MPEP 2123.
Regarding Claim 16, Hayakawa teaches monoesters and/or diesters of polyoxyethylene alkyl ether phosphate esters having an alkyl radical of 8 to 14 carbon atoms and 1-10 oxyethylene units, inclusive of polyoxyethylene decyl ether phosphate ester (¶ 38). Hayakawa indicates both linear and branched alkyl groups are suitable, suggestive of branched C10 alkyls (i.e. isodecyl). The disclosed number of oxyethylene units overlap x = 6 claimed. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Hayakawa suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Hayakawa. See MPEP 2123.
Regarding Claims 17-20, Hayakawa teaches 20-70 wt% of nonionic surfactant and 15-50 wt% of phosphate surfactant (¶ 5-7, 35-36), which is suggestive of overlapping concentrations of combined nonionic and phosphate surfactant. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Hayakawa suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Hayakawa. See MPEP 2123.
Regarding Claim 30, Palmer teaches the compositions are useful for the treatment of hydrophobic surfaces, inclusive of soils (¶ 2).
Claim(s) 1-3, 7, 9, 11-20, 28, 30, and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayakawa (JP2007-107131A). As the cited JP publication is in a non-English language, a machine-translated version of the publication will be cited to.
Regarding Claims 1-3 and 28, Hayakawa describes treatment agents comprising nonionic surfactant, anionic surfactant, and polyglyceryl fatty acid ester surfactant (Abstract) and describes an embodiment in Example 10 comprising α-octadenecoyl-ω-octadencenyoloxy-poly(oxyethylene) with 9 moles of oxyethylene (A-7) and polyoxyethylene (n=5) dodecyl ether phosphate potassium (¶ 57, 60-62). A-7 is consistent with Formula I whereby R and R’ are C(=O)-O-R1 where R1 is C18 alkyl, x=0, y=5, and z=0 and Formula II whereby R2 = C12 alkyl, x=5, y=0, z=1, and M = K. The additional polyglyceryl fatty acid ester surfactant of Hayakawa is none of surfactant III/IV, surfactant V, or silicone surfactant (¶ 46). Thus, the compound of Formula I of Hayakawa differs from the subject matter claimed with respect to the amounts of x/y. Hayakawa teaches the nonionic surfactants contain 5-100 oxyethylene and/or oxypropylene units (¶ 8), which is suggestive of 5-100 oxypropylene units exclusively. Accordingly, Hayakawa is seen to suggest overlapping ranges. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Hayakawa suggests the claimed range. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Hayakawa. See MPEP 2123.
Hayakawa teaches the compositions are used to treat fibers to impart durability hydrophilicity (¶ 54) and thus, is seen to describe mixtures used to treat hydrophobic surfaces (i.e. the relatively hydrophobic fibers) where the combination of surfactants function as a wetting agent. Alternatively, the limitations “wetting agent” and “mixture for treating a hydrophobic surface” are construed as recitations of intended use pertaining to the surfactant mixtures. Case law holds that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2111.02, In re Casey, 152 USPQ 235 (CCPA 1967) and In re Otto, 136 USPQ 458, 459 (CCPA 1963). In the present case, there is no perceivable difference in structure between the surfactant mixtures of the prior art and those claimed. Thus, such mixtures are construed as being capable of performing the indicated intended uses in the absence of evidence to the contrary.
Regarding Claim 7, Example 10 comprises α-octadenecoyl-ω-octadencenyoloxy-poly(oxyethylene) with 9 moles of oxyethylene (A-7) (¶ 61). As no indication of a particular monomer arrangement is indicated, it is inferred the copolymer is random.
Regarding Claim 9, Hayakawa teaches surfactants such as dodecyl-octanoyloxy-poly(oxyethylene) with 15 mols of oxyethylene moeities (¶ 61). Given the molecular weights of dodecyl (562.1), octanoyloxy (143.2) and oxyethylene (44), the molecular weight would be roughly 1365. Accordingly, Hayakawa is seen to suggest molecular weights consistent with what is claimed.
Regarding Claims 11-14, Hayakawa teaches 20-70 wt% of nonionic surfactant and 15-50 wt% of phosphate surfactant (¶ 5-7, 35-36), which is suggestive of overlapping ratios (e.g. for 20 wt% of phosphate, 20-70 wt% of nonionic surfactant would correspond with a 1:1 to 3.5:1). It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Hayakawa suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Hayakawa. See MPEP 2123.
Regarding Claims 15 and 31, Hayakawa teaches 20-70 wt% of nonionic surfactant and 15-50 wt% of phosphate surfactant (¶ 5-7, 35-36). Hayakawa teaches the surfactant mixtures can be formulated into treating compositions via dilution with water to 0.1-15 wt% (¶ 51). Accordingly, Hayakawa suggests aqueous solutions with overlapping phosphate contents. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Hayakawa suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Hayakawa. See MPEP 2123.
Regarding Claim 16, Hayakawa teaches monoesters and/or diesters of polyoxyethylene alkyl ether phosphate esters having an alkyl radical of 8 to 14 carbon atoms and 1-10 oxyethylene units, inclusive of polyoxyethylene decyl ether phosphate ester (¶ 38). Hayakawa indicates both linear and branched alkyl groups are suitable, suggestive of branched C10 alkyls (i.e. isodecyl). The disclosed number of oxyethylene units overlap x = 6 claimed. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Hayakawa suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Hayakawa. See MPEP 2123.
Regarding Claims 17-20, Hayakawa teaches 20-70 wt% of nonionic surfactant and 15-50 wt% of phosphate surfactant (¶ 5-7, 35-36), which is suggestive of overlapping concentrations of combined nonionic and phosphate surfactant. It would have been obvious to one of ordinary skill in the art to use a range within the claimed range because a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art and Hayakawa suggests the claimed ranges. A person of ordinary skill would be motivated to use the claimed amount, based on the teachings of Hayakawa. See MPEP 2123.
Regarding Claim 30, the limitation “mixture for treating a hydrophobic surface” such as soil are construed as recitations of intended use pertaining to the surfactant mixtures. Case law holds that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2111.02, In re Casey, 152 USPQ 235 (CCPA 1967) and In re Otto, 136 USPQ 458, 459 (CCPA 1963). In the present case, there is no perceivable difference in structure between the surfactant mixtures of the prior art and those claimed. Thus, such mixtures are construed as being capable of performing the indicated intended uses in the absence of evidence to the contrary.
Response to Arguments
Applicant's arguments filed 10/27/2025 have been fully considered but they are not persuasive.
Applicant generally argues Okada uses a mixture of monoester and diester whereas the claims only require monoester. This is not found persuasive as the incorporation of unrecited materials is within the scope of the claim due to the use of the transitional phrase “comprising”.
Applicant argues Palmer and Hayakawa are directed to wetting different substrates. This is not found persuasive. Palmer teaches wetting of hydrophobic surfaces in general (Abstract) such as polymer fabrics / fibers (¶ 80).
Applicant further argues Hayakawa describes alkyl groups of at least 8 carbons whereas the instant claims require C1-6 alkyls. This is not found persuasive as other alternative species of Hayakawa read on the scope of Formula I of claim 1 as discussed above.
Conclusion
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/STEPHEN E RIETH/Primary Examiner, Art Unit 1759