DETAILED ACTION
This Office action is in response to Applicant’s amendment filed December 15, 2025. Applicant has amended claims 1 and 8. Currently, claims 1 and 8 remain pending in the application.
The text of those sections of Title 35 U.S. Code not included in this action can be found in the prior Office action, Paper No. 20250812.
The rejection of claim 8 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for containing the limitation “The method of claim 6 claim 1” is withdrawn in view of applicant’s amendments and remarks.
The rejection of claims 1 and 8 under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Yang et al, U.S. Patent No. 8,133,853, is withdrawn in view of applicant’s amendments and remarks.
The rejection of claims 1 and 8 under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Tranzeat et al, US 2010/0028288, is maintained for the reasons of record.
The rejection of claims 1 and 8 under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Cetti et al, US 2016/0089318, is maintained for the reasons of record.
Response to Arguments
Applicant's arguments filed December 15, 2025 have been fully considered but they are not persuasive.
Applicant argues that Tranzeat et al, US 2010/0028288, does not teach or suggest in general a malodor counteracting composition containing at least one aldehyde, at least one ketone, or at least one primary alcohol, as required by applicant in newly amended claim 1. However, the examiner respectfully disagrees. Specifically, the examiner respectfully maintains that Tranzeat et al clearly discloses that their malodor counteracting compositions further contain perfuming co-ingredients, such as alcohols, aldehydes, and ketones (see paragraph 40). Furthermore, the examiner asserts that Table 8 discloses a malodor counteracting composition that contains the ketones 8-methyl-alpha-ionone, 10-methyl-alpha-ionone, and alpha neobutenone, in addition to citronellyl nitrile, delta-damascone, and 4-undecanolide, per the requirements of the instant claims.
Applicant further argues that Cetti et al, US 2016/0089318, does not teach or suggest in general a malodor counteracting composition containing at least one ingredient from group (b) and at least one ingredient from group (c), as required by applicant in newly amended claim 1. However, the examiner respectfully disagrees. Specifically, the examiner respectfully maintains that Cetti et al clearly discloses that their personal care composition contains menthone, delta-damascone, and alpha-neobutenone, (i.e., group (b) compounds; see Tables 1-4 and claims 5 and 10 of US 2016/0089318), and citronitrile and citronelly nitrile (i.e., group (c) compounds; see Tables 1-4 and claims 5 and 10 of US 2016/0089318), per the requirements of the instant invention.
Conclusion
THIS ACTION IS MADE FINAL. 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 BRIAN P MRUK whose telephone number is (571)272-1321. The examiner can normally be reached on 7:00am-5:30pm Monday-Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew, can be reached on 571-272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN P MRUK/
Primary Examiner, Art Unit 1761
Brian P Mruk
February 3, 2026