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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 13, 2025 has been entered.
Claims 14, 16 and 17 are pending. Claims 1-13 and 15 were previously cancelled. Claims 14, 16 and 17 are currently amended. Since the present claim 16 is currently amended, the status identifier should correctly state “Currently Amended.”
The rejection of claim 17 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph is withdrawn in view of Applicant’s amendment.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The specification does not provide antecedent basis for the original limitations in claim 17. It is suggested that the original limitations in claim 7 be incorporated into the appropriate portion of the specification.
Claim Rejections - 35 USC § 103
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 14, 16 and 17 stand rejected under 35 U.S.C. 103 as being unpatentable over Kandzia et al. (US 2019/0078039), hereinafter “Kandzia” in view of Calderon (US 2020/0231907) and further in view of Souter et al. (US 2014/0342965), hereinafter “Souter.”
Regarding claims 14, 16 and 17, Kandzia teaches compositions and products for degrading malodors preferably with regard to the treatment of hard and/or soft surfaces, and more particularly relates to compositions and products for the degradation of malodors in the context of a textile treatment method (see paragraph [0002]). In an exemplary embodiment, a composition includes bacterial spores of at least one species of Bacillus (see paragraph [0007]). The bacterial spores can be used in combination with or as an ingredient of a washing product, such as detergents and/or fabric softeners in particular, including but not limited to aerosols, powders, solids, creams, etc., for use, e.g., in cleaning machines, cleaning processes and/or articles treated in cleaning machines or cleaning processes, such as, fabrics (see paragraph [0029]). Kandzia also teaches that the composition is adapted for delivery to a fabric by applications which include solid applications, as one of the selections, in combination with liquid detergents (see paragraph [0036]). One product form is a washing or cleaning agent for household applications and the agent includes a detergent, and the bacterial spores are present in the agent at a concentration of about 1x102-1x109 CFU/g of detergent (see paragraphs [0008] and [0057]). Kandzia, however, fails to disclose the liquid detergent comprising from about 0.05% to about 10% by weight of the composition, of Saccharomyces supernatant, and the solid composition comprising the bacterial spores in the form of a pastille or bead as recited in claim 14; and the liquid detergent comprising ionic surfactant and nonionic surfactant as recited in claim 16; and from about 5% to about 55% by weight of anionic surfactant and from about 5% to about 50% by weight of nonionic surfactant, and an adjunct ingredient like enzymes, among others, as recited in claim 17.
Calderon, an analogous art, teaches a laundry detergent composition which provides a benefit in the elimination, inhibition, and/or reduction of any malodor (see abstract), the composition comprising: an ionic detergent surfactant in an amount of about 5% to about 55% by weight of the overall laundry detergent composition; a non-ionic detergent surfactant in an amount of about 5% to about 50% by weight of the overall laundry detergent composition; saccharomyces ferment filtrate in an amount of about 0.05 to about 10% by weight, such as about 0.05% to about 2% by weight of the overall laundry detergent composition; and an additive comprising one or more of: additional enzymes, peroxy compounds, bleach activators, anti-redeposition agents, neutralizers, optical brighteners, foam inhibitors, chelators, bittering agents, dye transfer inhibitors, soil release agents, water softeners, electrolytes, pH regulators, anti-graying agents, anti-crease components, bleach agents, colorants, scents, processing aids, antimicrobial agents, and preservatives (see claim 11 and paragraph [0016]), and wherein the laundry detergent composition is in the form of a liquid (see claim 13 and paragraph [0014]).
It is known from Souter, an analogous art, that cleaning compositions in solid form may include powder or agglomerates such as beads (see paragraph [0011]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have prepared the solid composition comprising the bacterial spores of Kandzia in the form of beads because beads are known solid forms as taught by Souter, and to have incorporated the above liquid composition of Calderon as the specific liquid detergent because Kandzia specifically desires the combination of the solid composition comprising the bacterial spores with a liquid detergent as disclosed in paragraph [0036]. In addition, it is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose, see In re Kerkhoven, 626 F.2d 846,850,205 USPQ 1069, 1072 (CCPA 1980).
Response to Amendment
The declaration under 37 CFR 1.132 filed November 13, 2025 is insufficient to overcome the rejection of claims 14, 16 and 17 based upon Kandzia in view of Calderon and further in view of Souter as set forth in the last Office action because: the showing is not commensurate in scope with the present independent claim 14. The showing of unexpected results is only true for the product which comprises liquid laundry detergent, beads comprising 1.30 x 104 spores and 0.0935 wt% Saccharomyces cerevisiae, i.e. Product 4. It is noted that independent claim 14 requires from about 0.05% to about 10% by weight of the cleaning composition, of Saccharomyces supernatant, and beads comprising from about 1x102 to about 1x109 CFU/g of bacterial spores. To establish unexpected results over a claimed range, applicants should compare sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range, see In re Hill, 284 F.2d 955, 128 USPQ 197 (CCPA 1960). See also MPEP 716.02(d).
Response to Arguments
Applicant's arguments filed November 13, 2025 have been fully considered but they are not persuasive.
With respect to the obviousness rejection over Kandzia in view of Calderon and further in view of Souter, Applicant argues the showing of unexpected results as shown in the 35 U.S.C. § 132 Declaration dated November 11, 2025.
The Examiner has carefully considered the declaration, however, the showing is not commensurate in scope with the present independent claim 14 for the same reasons as discussed in paragraph 8.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORNA M DOUYON whose telephone number is (571)272-1313. The examiner can normally be reached Mondays-Fridays; 8:00 AM-4:30 PM.
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/LORNA M DOUYON/Primary Examiner, Art Unit 1761