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 .
Response to Amendment
The Amendment filed on August 25th, 2026 has been entered. Claims 1, 3, 5-6, 9, 13, 15, 17, and 19-20 are pending in the application. Claims 2, 4, 7-8, 10-12, 14, 17, and 18 have been canceled.
The rejection of claims 1, 3, 5-6, 9, 15, 17, and 19-20 under 35 U.S.C. 103 as obvious over Ochomogo (WO 2007133934 A1) and in further view of Ceulemans (US 20190330568 A1) is withdrawn.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 5-6, 9, 15, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ochomogo (WO 2007133934 A1) and in further view of McDonal (US 20060287215 A1) and Ceulemans (US 20190330568 A1).
With regard to claims 1, 3, 5-6, 9, 13, and 15, Ochomogo teaches an aqueous cleaning composition wherein the alkyl polyglucoside comprises C8-C10 alkyl polyglucoside (see Formulation 2, page 17), nonionic surfactants at 0.75-5wt%, and further discloses alkyl polyglucosides as suitable nonionic surfactants (see [0026]), preferably alkyl polyglucosides of 8-10 carbons (see [0027]). Ochomogo further teaches 1,3 propanediol at 0.1-10wt% (see [0038]). Ochomogo further teaches the composition may comprise 0-10wt% of glycerin (see [0057]). Ochomogo discloses 0.01-5wt% of an essential oil (see [0023]) and further teaches citrus (see [0054]). Ochomogo further discloses essential oils are commonly used in cleaners for their fragrances (see [003]). Therefore, essential oils, when used in this context, can be classified as fragrances. Ochomogo further discloses water at levels of from at least 70wt% (see [0010]). Ochomogo further teaches additional adjuvants as colorants (see [0041]).
However, Ochomogo fails to disclose a coconut fragrance.
McDonald discloses cleaning compositions, an analogous art (see Abstract). McDonald further discloses fragrance compounds include essential oils and further discloses coconut, orange, and lemon as essential oils (see [0065]). Orange and lemon are both citrus scents. McDonald further discloses essential oils are commonly available from companies in the fragrance and food businesses (see [0065]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the coconut, orange, and lemon essential oils of McDonald in the composition of Ochomogo as essential oils are commonly available and coconut, orange, and lemon essential oils are disclosed as essential oils. Further, the selection of any fragrance is based on preference. One having ordinary skill in the art would have been motivated to select coconut and citrus oils if such a person found coconut and citrus to be pleasant fragrances.
Ochomogo further fails to disclose lactic acid as a suitable alpha hydroxy acid.
Ceulemans discloses a hard surface cleaning composition, an analogous art (see Abstract). Ceulemans further teaches lactic acid at up 0.5-2wt%, especially where antimicrobial or disinfecting benefits are desired (see [0050]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the up to 10wt% of lactic acid as taught by Ceulemans in the aqueous cleaning composition as disclosed by Ochomogo for the purpose of adding antimicrobial and disinfecting benefits to the composition, as disclosed by Ceulemans.
With regard to claim 17, Ochomogo teaches the aqueous cleaning composition may be packaged in any suitable materials and housings, such as aerosol containers and spray bottles or impregnated into wipes (see [0044]).
With regard to claim 19, Ochomogo teaches a method for cleaning bacon grease involving pipetting 2.5g of product onto a clean sponge and running the sponge across the length of the tile surface tested in two sets of six pass wiping cycles using only the weight of the sponge (see [0050]). Ochomogo further teaches the composition of claim 1, as shown above.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, that a composition composed of the disclosed components would perform similarly under the same testing method. The disclosed testing method is analogous to the method disclosed in the instant claims, specifically applying the hard-surface liquid cleaning composition according to claim 1 to a surface in need thereof.
With regard to claim 20, Ochomogo teaches an aqueous cleaning composition comprising 93.6wt% of the cleaning composition (Formula 2 and Formula 3, page 17).
Response to Arguments
Applicant’s arguments with respect to claims 1, 3, 5-6, 9, 13, 15, 17, and 19-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that the essential oil of Ochomogo would need to be removed in order to utilize Ochomogo as prior art as essential oils are distinct from fragrances. However, as stated above, Ochomogo discloses essential oils are commonly used in cleaners for their fragrances (see [003]). Therefore, essential oils, when used in this context, can be classified as fragrances and need not be removed from the composition of Ochomogo.
Applicant further argues that Ochomogo and Ceulemans fail to teach or fairly suggest some unexpected results of the claimed invention. However, Applicant does not disclose what these unexpected results may be. A statement of unexpected results is not evidence of such results.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 BRITTANY SHARON HARRIS whose telephone number is (571)270-1390. The examiner can normally be reached 7:30-5:00.
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/B.S.H./Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761
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