DETAILED ACTION
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 .
Election/Restrictions
Applicant's election with traverse of Group I, Species C, and Species B1 (Claims 1,3, and 6-9) in the reply filed on 1/20/2026 is acknowledged. The traversal is on the ground(s) that there is commonality between embodiments and it would not be burdensome upon the office to search. This is not found persuasive because the examiner has shown that the inventive concept shared between inventions is not a contribution over the art. Additionally, the examiner is not required to prove a burdensome search when a lack of unity is established.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 6-8, 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vejborg et al. (US 2019/0161707).
Regarding claim 1 Vejborg discloses a cleaning composition comprising a dispersin and at least one carbohydrase, wherein the carbohydrase amylase, and wherein said composition is a liquid laundry detergent composition and further comprises (ci) at least one surfactant. (See Vejborg Abstract [0006], [0012], [0019], and [0129] wherein a liquid laundry detergent cleaning composition comprises a despersin, amylase, and a surfactant.)
Regarding claims 6-7 and 12-13 Vejborg discloses all the claim limitations as set forth above as well as the composition wherein the dispersin is obtained from microbial and bacterial Terribacillus. (See Vejborg [0006])
Regarding claim 8 Vejborg discloses all the claim limitations as set forth above as well as the composition wherein the dispersin is selected from the group consisting of: a polypeptide having hexosaminidase activity selected from: a polypeptide having at least 90 sequence identity to the polypeptide shown in SEQ ID NO: 1, SEQ ID NO: 2, SEQ ID NO: 3, SEQ ID NO: 4, SEQ ID NO: 5, SEQ ID NO: 6, SEQ ID NO: 7, SEQ ID NO: 8, SEQ ID NO: 9, SEQ ID NO: 10, SEQ ID NO: 11, SEQ ID NO: 12, SEQ ID NO: 13, SEQ ID NO: 14, SEQ ID NO: 15, SEQ ID NO: 16, SEQ ID NO: 17, SEQ ID NO: 18, SEQ ID NO: 19, SEQ ID NO: 20, SEQ ID NO: 21, SEQ ID NO: 22, and SEQ ID NO: 23. (See Vejborg SEQ ID NO 19 which corresponds exactly to claimed SEQ ID NO 17.)
Claim Rejections - 35 USC § 103
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Vejborg et al. (US 2019/0161707) as applied to claims above
Regarding claim 9 Vejborg discloses all the claim limitations as set forth above as well as the composition wherein the amount of dispersin in the composition ranges from 0.01 to 1000 ppm, and wherein the amount of carbohydrase ranges from 0.01 to 1000 ppm. (See Vejborg [0053] wherein dispersin, i.e; hexosamindase enzyme, is in the range of 0.00001 to 10 ppm)
It would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Vejborg et al. (US 2019/0161707) as applied to claims above, and further in view of Kottwitz et al. (US 2005/0261158).
Regarding claim 3 Vejborg discloses all the claim limitations as set froth above as well as the device wherein the amylase is a polypeptide but does not specify the sequence thereof.
Kottwitz et al. disclose a detergent wherein amylase having a polypeptide sequence identical to SEQ ID NO 30 is known and provided in said detergent. (See Kottwitz Abstract and SEQ ID No 3 which is identical to present application SEQ ID NO 30.)
It would have been obvious to one of ordinary skill in the art at the time of filing to provide an amylase having a sequence ID as described by Kottwitz in the composition of Vejborg because such an amylase is an amylase known to be effective in detergent compositions and fulfills the specific need for an amylase as required by Kottwitz and one would have a reasonable expectation of success in so doing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HURST whose telephone number is (571)270-7065. The examiner can normally be reached on M-F 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached on 571-272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN M HURST/ Primary Examiner, Art Unit 1799
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