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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 26th, 2026 has been entered.
Response to Amendment
The rejection of claims 1-2, 4-11, 16, and 19-23 under 35 U.S.C. 103 as obvious over Piorkowski (US 20190300823 A1) and Bauer (DE 102012201424 A1) is withdrawn.
The rejection of claim 13 under 35 U.S.C. 103 as obvious over Piorkowski (US 20190300823 A1), Bauer (DE 102012201424 A1), and Mole (US 20190382690 A1) is withdrawn.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 1-2, 4-11, 16, 19-23, and 26, are rejected under 35 U.S.C. 103 as being unpatentable over Piorkowski (US 20190300823 A1), and in view of Bauer (DE 102012201424 A1) and Bauer (US 20140323375 A1).
With regard to claims 1, 8, 10, 21, and 26, Piorkowski discloses a liquid detergent composition (see Abstract). Piorkowski further discloses microcapsules which may include a perfume as one or more active ingredients (see [0038]). Piorkowski further teaches the microcapsules comprise a spherical hollow shell within which the active ingredient is encapsulated (see [0040]). Piorkowski further discloses the particulate component may have a d90 average particle size of 150 microns or less, preferably 50 microns or less (see [0042]). Piorkowski further discloses the microcapsules dispersed in a liquid phase (see [0004]) and further discloses 2.00wt% of a 1:1 DI water to microcapsule slurry (see Table 3).
Piorkowski discloses the above d90 value as sufficient to maintain a stable suspension of the particulate component (see [0042]). As such, routine optimization would have led one of ordinary skill in the art to attempt a d90 value of less than 70 microns in order to maintain a stable suspension of the particulate component. Applicant is directed to MPEP 2144.05(II)(B).
However, Piorkowski fails to disclose at least one odor neutralizing agent selected from a 2-amino-1,3-propanediol compound and 1-aza-3,7-dioxabicyclo[3.3.0]octane compound.
Bauer, (DE 102012201424 A1), hereafter referred to as Bauer 424, discloses a 1-aza-3,7-dioxabicyclo[3.3.0]octane compound with silicic esters as perfume precursors for detergents, cleaners, fabric softeners, and cosmetics, an analogous art (see Abstract). Bauer 424 further discloses a 1-aza-3,7-dioxabicyclo[3.3.0]octane compound wherein R1, R2, R3, and R4 are each independently of the formula R1 —C(═O)—R2 or R3 —C(═O)—R4 and yield a scent aldehyde having at least six carbon atoms or a scent ketone having at least six carbon atoms (see [0011]). Further, Bauer 424 discloses R5, R6, and R7 as independently hydrogen or an acyclic or cyclic, substituted or unsubstituted, branched or unbranched hydrocarbon group (see [0011]). Bauer further discloses the preferred radicals of R6 are methyl, ethyl, and hydroxymethyl and the preferred radicals of R5 and R7 are C1-C3 alkyl radicals and hydrogen (see [0014]). Bauer 424 further teaches a preferred embodiment in which R1 and R3 are C5-C24 hydrocarbon radicals and R2 and R4-R7 are hydrogen.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the 1-aza-3,7-dioxabicyclo[3.3.0]octane compound, as disclosed by Bauer 424, in the liquid detergent composition, as disclosed by Piorkowski, as 1-aza-3,7-dioxabicyclo[3.3.0]octane compound is a perfume and Piorkowski discloses a spherical hollow shell within which the active ingredient is encapsulated and perfume as an active ingredient.
Bauer, (US 20140323375 A1), hereafter referred to as Bauer 375, discloses a 2-amino-1,3-propanediol, see Formula (I) below (see [0009]).
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Bauer 375 further discloses R5, R6, and R7 as hydrogen or a hydrocarbon radical (see [0009]). Bauer 375 further teaches that R6 may be a C1-C16 alkyl radical (see [0037]). Bauer 375 further discloses Formula (I) may be used in combination with a scent aldehyde or a scent ketone to prolong the perception of a scent (see [0015]-[0016]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the amino-1,3-propanediol of Bauer 375 in the liquid detergent composition, as disclosed by Piorkowski, for the purpose of prolonging the perception of a scent, as disclosed by Bauer 375.
With regard to claim 2, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
Bauer 424 further discloses the composition which utilizes the disclosed compound can contain additional fragrances (see [0050]). Bauer teaches the composition “can” contain additional fragrances. This is optional.
With regard to claim 4, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
Bauer 424 further discloses at least one fragrance aldehyde and further states ethyl vanillin as suitable (see [0016]). The instant claims specify helional as suitable.
With regard to claim 5, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
Bauer 424 further discloses a silicic acid ester wherein all R are independently hydrogen, strait or branched, saturated or unsaturated, substituted or unsubstituted C1-6 hydrocarbon residues and n assumes values in the range of 2 to 100 (see [0011]).
With regard to claim 6, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
Bauer424 further discloses a silicic acid ester wherein at least 10 mol% of the R residues are scent alcohols (see [0017]). Bauer 424 further discloses heptanol as suitable (see [0017]). The instant claims disclose heptanol as suitable.
With regard to claim 7 and claim 9, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
Piorkowski discloses a liquid detergent composition, a type of treatment agent (see Abstract). Piorkowski further discloses antimicrobial agents, a benefit agent (see 0049]). Piorkowski further discloses 2.00wt% of a 1:1 DI water to microcapsule slurry (see Table 3).
However, Piorkowski fails to disclose at least one silicic acid ester ranging from approximately 0.1-40wt%.
Bauer 424 discloses a detergent composition comprising 0.6wt% of a silicic acid ester mixture (see [0063]).
With regard to claim 11, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
Piorkowski further discloses antimicrobial agents, a benefit agent (see 0049]).
With regard to claim 16, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
Bauer 424 further discloses R1 and R3 as C5-C24 hydrocarbon residues (see [0015]).
With regard to claim 19, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
Bauer 424 further discloses silicic acid esters in which more than 40mol% of the residues R are scent alcohol residues (see [0017]). Bauer 424 further discloses 2-methylpentanol as a suitable scent alcohol residue (see [0017]). The instant claims disclose 2-methylpentanol as a suitable fragrance alcohol.
With regard to claim 20, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
Bauer 424 further discloses n values in the range of 2 to 100 (see [0011]).
With regard to claim 22, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
Bauer 424 further discloses at least one fragrance ketone and further states carvone as suitable (see [0030]).
With regard to claim 23, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
Piorkowski further discloses the microcapsules may further contain perfume raw materials comprising aldehydes and ketones (see [0038]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Piorkowski (US 20190300823 A1), in view of Bauer (DE 102012201424 A1) and Bauer (US 20140323375 A1), and in further view of Mole (US 20190382690 A1).
With regard to claim 13, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
However, Piorkowski, Bauer 424, and Bauer 375 fail to disclose a method of treating a surface, room air, or a textile, the method comprising applying the composition of claim 1 to the surface, the room air, or the textile.
Mole discloses a liquid laundry detergent composition (see Abstract). Mole further discloses the composition as comprising microcapsules of ingredients such as perfume (see [0094]). Mole further discloses a method of contacting the detergent with a textile to be washed (see [0120]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the method of Mole with the composition of Piorkowski. Mole discloses a liquid laundry detergent and a method of utilizing a liquid laundry detergent comprising contacting the detergent with a textile to be washed. Piorkowski discloses a liquid laundry detergent. A method which may be used with one liquid laundry detergent may be used with a similar liquid laundry detergent.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Piorkowski (US 20190300823 A1), in view of Bauer (DE 102012201424 A1) and Bauer (US 20140323375 A1), and in further view of Bone (US 20150223502 A1).
With regard to claim 24, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
However, Piorkowski, Bauer 424, and Bauer 375 fail to disclose the one shell has a thickness of from about 100 nm to about 250 nm.
Bone discloses core-shell microcapsules, an analogous art (see [0002]). Bone further discloses a typical capsule shell made by conventional methods has a thickness of the order of 100-150 nm (see [0012]). Bone further discloses core-shell microcapsules are typically used in detergents (see [0002]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the microcapsules of a thickness of the order of 100-150 nm, as disclosed by Bone, as such a thickness range is typical of microcapsules used in detergents, as disclosed by Bone.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Piorkowski (US 20190300823 A1), in view of Bauer (DE 102012201424 A1) and Bauer (US 20140323375 A1), and in further view of Last (US 20160222328 A1).
With regard to claim 25, Piorkowski, Bauer 424, and Bauer 375 disclose all of the limitations of claim 1.
However, Piorkowski, Bauer 424, and Bauer 375 fail to disclose the microcapsules further comprising melamine-urea-formaldehyde.
Last discloses a microcapsule comprising a shell and a core, an analogous art (see Abstract). Last further discloses the core comprises at least one active ingredient and at least one surface-modified disintegrant (see Abstract). Last further teaches microcapsules comprising melamine-urea-formaldehyde (see [0022]). Last further teaches such microcapsules exhibit high chemical and physical resistance and form the most stable and tight microcapsules (see [0022]).
It would be obvious to one of ordinary skill in the art, before the effective filing date, to utilize the melamine-urea-formaldehyde of Last in the microcapsules of Piorkowski for the purpose of increasing the chemical and physical resistance of microcapsules and forming the most stable and tight microcapsules.
Response to Arguments
Applicant’s arguments with respect to claim 1 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 Piorkowski does not disclose or make obvious at least two odor neutralizing agents comprising a 2-amino-1,3-propanediol compound of general formula (I) and a 1-aza-3,7-dioxabicyclol[3.3.0]octane compound of the general formula (II).
As stated above, Bauer, (DE 102012201424 A1), hereafter referred to as Bauer 424, discloses a 1-aza-3,7-dioxabicyclo[3.3.0]octane compound with silicic esters as perfume precursors for detergents, cleaners, fabric softeners, and cosmetics, an analogous art (see Abstract). Bauer 424 further discloses a 1-aza-3,7-dioxabicyclo[3.3.0]octane compound wherein R1, R2, R3, and R4 are each independently of the formula R1 —C(═O)—R2 or R3 —C(═O)—R4 and yield a scent aldehyde having at least six carbon atoms or a scent ketone having at least six carbon atoms (see [0011]). Further, Bauer 424 discloses R5, R6, and R7 as independently hydrogen or an acyclic or cyclic, substituted or unsubstituted, branched or unbranched hydrocarbon group (see [0011]). Bauer further discloses the preferred radicals of R6 are methyl, ethyl, and hydroxymethyl and the preferred radicals of R5 and R7 are C1-C3 alkyl radicals and hydrogen (see [0014]). Bauer 424 further teaches a preferred embodiment in which R1 and R3 are C5-C24 hydrocarbon radicals and R2 and R4-R7 are hydrogen.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the 1-aza-3,7-dioxabicyclo[3.3.0]octane compound, as disclosed by Bauer 424, in the liquid detergent composition, as disclosed by Piorkowski, as 1-aza-3,7-dioxabicyclo[3.3.0]octane compound is a perfume and Piorkowski discloses a spherical hollow shell within which the active ingredient is encapsulated and perfume as an active ingredient.
Bauer, (US 20140323375 A1), hereafter referred to as Bauer 375, discloses a 2-amino-1,3-propanediol, see Formula (I) below (see [0009]).
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Bauer 375 further discloses R5, R6, and R7 as hydrogen or a hydrocarbon radical (see [0009]). Bauer 375 further teaches that R6 may be a C1-C16 alkyl radical (see [0037]). Bauer 375 further discloses Formula (I) may be used in combination with a scent aldehyde or a scent ketone to prolong the perception of a scent (see [0015]-[0016]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the amino-1,3-propanediol of Bauer 375 in the liquid detergent composition, as disclosed by Piorkowski, for the purpose of prolonging the perception of a scent, as disclosed by Bauer 375.
As Piorkowski discloses one or more active ingredients, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize both of the disclosed compounds in the microcapsules of Piorkowski.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at (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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/GREGORY R DELCOTTO/Primary Examiner, Art Unit 1761
/B.S.H./Examiner, Art Unit 1761
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