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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 5th, 2025 has been entered.
Response to Amendment
The Amendment filed on February 5th, 2025 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The rejection of claims 1-3, 5-6, 9, 11-13, and 15-20 under U.S.C. 103 as obvious over Ochomogo (WO 2007133934 A1) is withdrawn and Ceulemans (US 20190330568 A1) is withdrawn.
The rejection of claim 8 under U.S.C. 103 as obvious over Ochomogo (WO 2007133934 A1), Ceulemans (US 20190330568 A1), and Michael (US 5540864 A) is withdrawn.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 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 lemongrass oil as a suitable fragrance (see [0024]). Lemongrass oil is disclosed in the instant specifications as a suitable fragrance. 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 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, 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 Ochomogo, Ceulemans, and Michael fail to teach "from about 2.75 wt.% to about 5.5 wt.% of decylglucoside;...from about 1.5 wt.% to about 3 wt.% of propanediol;...from about 0.5 wt.% to about 1 wt.% of glycerin; and...from about 1.012 wt.% to about 2.024 wt.% of lactic acid, and… from about 0.21wt% to about 0.35wt% of fragrance" in claim 1 as amended. Applicant further argues that the formulations of Ochomogo fail to disclose the claimed components and weight percentages.
However, Ochomogo discloses an aqueous cleaning composition wherein the alkyl polyglucoside comprises C8-C10 alkyl polyglucoside, nonionic surfactants at 0.5-10wt%, and further discloses alkyl polyglucosides as suitable nonionic surfactants. Decylglucoside is a C10 alkyl polyglucoside. Ochomogo further teaches 1,3 propanediol at 0.1-10wt%. Ochomogo further teaches the composition may comprise 0-10wt% of glycerin. Ochomogo discloses 0.01-5wt% of an essential oil (see [0023]) and further teaches lemongrass oil as a suitable fragrance (see [0024]). Lemongrass oil is disclosed in the instant specifications as a suitable fragrance. 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 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.
While Ochomogo and Ceulemans do not disclose the exact formulations in claim 1, the whole reference must be taken into consideration. Ochomogo, in further view of Ceulemans, discloses all of the limitations of claim 1. Ochomogo and Ceulemans need not disclose the exact ranges of claim 1 in order to read on the claim.
As Michael is no longer utilized as prior art, Applicant’s arguments with regard to Michael are moot.
Applicant further argues that the claimed composition is composed of 99% natural derived content. This content, Applicant argues, provides just as good, or better, cleaning performance. Ochomogo discloses that the cleaning composition is natural, neutral, and suitable for a wide range of cleaning applications and surfaces (see [009]). Ochomogo further teaches the disclosed invention is a completely natural composition which exhibits excellent cleaning properties on a wide range of soils (see [0012]). A person of ordinary skill in the art would have concluded that a composition as taught by Ochomogo would be completely natural and exhibit excellent cleaning properties. Therefore, the results disclosed in the instant specifications are not unexpected.
Applicant further argues that Formulations 1-4 of Ochomogo are more similar to the Comparative examples than claim 1 of the instant claims. The ranges disclosed by Ochomogo overlap with those of claim 1. As stated above, the entire reference must be considered, not only the examples disclosed in the prior art. Comparative Example 1 discloses 1wt% of solids, 0.4wt% alkyl polyglucoside, 0.4wt% glycerin, and other ingredients. Comparative Example 2 discloses 9wt% of solids, 1,7wt% alkyl polyglucoside, and 0.3wt% glycerin. However, the claims state 1,3 propanediol, which is not listed in the ingredients of either Comparative Example. Ochomogo teaches 1,3 propanediol. Further, it is unclear what the “other ingredients” of Comparative Example 1 are and their amounts. As such, it is impossible to compare Formulations 1-4 of Ochomogo with the Comparative Examples.
Ochomogo discloses natural ingredients. Ochomogo and Ceulemans disclose all of the limitations of the instant claims. Further, as there is no disclosure of the “other ingredients” of Comparative Example 1, the unexpected results cannot be verified. As the compositions of Ochomogo and Ceulemans share the same composition as those disclosed in the instant claims, it stands to reason they would perform in the same way.
Applicant further argues unexpected results as demonstrated by Example 1 and Example 4. Example 1 discloses 10wt% of decylglucoside, 3wt% of 1,3-propanediol, 2.3wt% of lactic acid, 1.0wt% of glycerin, 0.34wt% of fragrance, and water. Example 4 discloses 5wt% of decylglucoside, 1.5wt% of 1,3-propanediol, 1.15wt% of lactic acid, 0.5wt% of glycerin, 0.238wt% of fragrance, and water. While claim 3 discloses the stated concentration of fragrance, claim 3 is based on claim 1, which discloses a range of concentrations. Further, claim 1 discloses 2.75wt%-5.5wt% of decylglucoside. This range does not include the 10wt% of decylglucoside disclosed in Example 1. Therefore, Example 1 is not commensurate in scope with the instant claims. This also applies to claim 5 and claim 13 (5.5wt% and 2.75wt% of decylglucoside, respectively).
Further, claim 3 makes no mention of the concentration of 1,3-propanediol. Claim 1 discloses 1.5wt%-3wt% of 1,3-propanediol. Claim 5 discloses 3wt% and claim 13 discloses 1.5wt%. Example 1 discloses 3wt%. However, as stated above, Example 1 discloses 10wt% of decylglucoside. Therefore, Example 1 is not commensurate in scope with the instant claims.
Example 4 discloses 5wt% of decylglucoside, 1.5wt% of 1,3-propanediol, 1.15wt% of lactic acid, 0.5wt% of glycerin, 0.238wt% of fragrance, and water. None of claims 3, 5, or 13 disclose these exact limitations. Therefore, Example 4 is not commensurate in scope with the instant claims. Unexpected results cannot be stated if the disclosed examples and subsequent results are not commensurate in scope with the instant claims.
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.
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/GREGORY R DELCOTTO/Primary Examiner, Art Unit 1761
/B.S.H./Examiner, Art Unit 1761