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
This is a first action on the merits for this divisional application filed on 06/30/2022
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 33-52 are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (US 6,010,996) in view of McDonell et al. (US 6,150,320).
Regarding claim 1, Hu et al. discloses a method of sanitizing a surface with a sanitizing rinse aid composition (col.1, lines 5-6 and col.2, lines 45-62) comprising:
contacting the sanitizing rinse aid composition with a surface (col.2, lines 45-62), wherein the composition comprises an antimicrobial quaternary ammonium compound comprising dioctyl
dimethyl ammonium chloride (col.5, lines 55-56), an anionic surfactant (col.3, lines 58-62), wherein the quaternary ammonium compound and the anionic surfactant form a complex (col.2, lines 64-66) without requiring nonionic surfactants, sequestrants, or chelating agents (col.2, lines 15-28; Hu et al. teaches using only anionic surfactants), and wherein the composition has an inherent pH; and
rinsing and sanitizing the surface (col.2, line 51);
wherein the composition provides at least an at least 3 log microbial kill (Hu et al. in col.3, lines 26-28 and lines 39-44, col.8, lines 15-17 teaches that the composition has disinfecting biocidal properties where such properties provide more than 3 log microbial kill) on the surface at a temperature below about 160°F (col.2, lines 38-44; 160°F = 71oC; room temperature as taught by Hu et al. is equal to 25oC which is below about 71oC).
Hu et al. appears silent to disclose that the anionic surfactant comprising octanoic acid, decanoic acid, ethylhexanoic acid, lauric acid, or a combination thereof. Hu et al. also appears silent to disclose pH values.
McDonell et al. discloses concentrated surface cleaner compositions (col.1, lines 12-17) that includes quaternary ammonium salts (col.3, line 47) and octanoic acid or decanoic, lauric acids (col.8, lines 7-10) in order to provide compositions that functions as degreasers, hand soaps and bathroom cleaners (col.1, lines 13-17). McDonell also teaches including pH adjustment chemicals (col.10, lines 24-26) where the pH ranges from about 3 to 9 for hand soaps and the pH values for degreasing are preferably 6 or greater (col.10, lines 47-51). 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 to add McDonell et al. octanoic or decanoic, or lauric acids to Hu et al. composition in order to provide compositions that functions as degreasers, hand soaps and bathroom cleaners. Furthermore, to add McDonell et al. pH range values to Hu et al. compositions so that the compositions can be used for hand soaps or for degreasing applications.
Regarding claim 34, Hu et al. discloses that the sanitizing rinse composition is in the
form of a solid (col.2, lines 29-34).
Regarding claim 35, Hu et al. discloses diluting (col.2, lines 33-37) the composition to provide a use solution by contacting the solid with an aqueous solution.
Regarding claim 36, Hu et al. discloses various different concentration values for the anionic surfactant as related to the wt % of the total weight of the composition (col.2, lines 18-28 and lines 45-61).
Hu et al. appears silent to disclose that the use solution comprises from about
25 ppm to about 400 ppm of the quaternary ammonium compound and from about 1 ppm and
about 50 ppm of the anionic surfactant.
Hu et al. teaches that the composition can be used for household usage and for industrial strength usage (col.2, line s45-62). Therefore, depending on the intended use and also on the degree of soiled surfaces, one of ordinary skill in the art would readily recognize to change Hu et al. concentration values of the quaternary ammonium and of the anionic surfactant in order to provide formulated compositions with broad applications for cleaning/disinfecting various different surfaces (col.2, lines 33-37). 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 to change Hu et al. concentration values of the quaternary ammonium and of the anionic surfactant in order to provide formulated compositions with broad applications for cleaning/disinfecting various different surfaces.
Regarding claim 37, the formulations of Hu et al. are deemed to provide film-free and spot free sanitized surfaces since Hu et al. teaches that the cleaning compositions have better greasing cutting and wetting properties (col.3, lines 25-30) as well as disinfecting properties.
Regarding claim 38, Hu et al. appears silent to explicitly disclose sanitizing time values of contacting the surfaces.
Hu et al. discloses that the formulations have much better greasing cutting and wetting properties (col.3, lines 26-28 and lines 40-44) and also have biocidal and cleansing properties. Therefore, depending on the intended application, for example, in biocidal applications, one skilled in the art would ensure that the biocidal/cleansing formulations will provide almost instant reductions of microorganisms on surfaces of surgical tools or implants that require immediate use (within a minute or within seconds). 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 to ensure that Hu et al. biocidal/cleansing formulations provide almost instant reductions of microorganisms (30 seconds or less) on surfaces of surgical tools or implants that require immediate use.
Regarding claim 39, Hu et al. teaches that the method occurs at a temperature below about120°F (col.2, lines 38-44; 120°F = 48.88oC; room temperature as taught by Hu et al. is equal to 25oC which is below about 7120oC).
Regarding claim 40, Hu et al. formulations are deemed tolerant of water conditions of about 0 ppm water hardness.
Regarding claim 41, Hu et al. appears silent to disclose that the method does not require additional rinsing steps.
Hu et al. discloses that the formulations have much better greasing cutting and wetting properties (col.3, lines 26-28 and lines 40-44). Therefore, depending on the intended application, for example, removing grease/wetting of soiled surfaces, one skilled in the art would tend to leave the formulation on the soiled surfaces and minimize any rinsing step in order to ensure the complete removal of grease and soils on surfaces. 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 to minimize or omit any additional rinsing steps of the applied formulation in order to ensure the complete removal of grease and soils on the treated surfaces.
Regarding claims 42-43, Hu et al. discloses that the formulations have much better greasing cutting and wetting properties (col.3, lines 26-28 and lines 40-44). Furthermore, Hu et al. provides surface tension measurements (Examples in col.6, lines 48-67 and col.7 through col.8; and Figures 1-2). Hu et al. goes on to teach that germicidal quats when used alone have poor surface tension values of 34-37 mN/m (mN/m = dyne/cm; col.7, lines 42-45), but when combined with suitable anionics wetting properties improve (col.7, lines 1-33).
Regarding claim 44, Hu et al. also appears silent to disclose pH values.
McDonell et al. discloses concentrated surface cleaner compositions (col.1, lines 12-17) that includes quaternary ammonium salts (col.3, line 47) and octanoic acid or decanoic, lauric acids (col.8, lines 7-10) in order to provide compositions that functions as degreasers, hand soaps and bathroom cleaners (col.1, lines 13-17). McDonell also teaches including pH adjustment chemicals (col.10, lines 24-26) where the pH ranges from about 3 to 9 for hand soaps and the pH values for degreasing are preferably 6 or greater (col.10, lines 47-51). 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 to add McDonell et al. pH range values to Hu et al. compositions so that the compositions can be used for hand soaps or for degreasing applications.
Regarding claims 45-46, Hu et al. discloses that the composition further includes a stabilizing agent and a corrosion inhibitor (col.3, line 56).
Regarding claim 47, Hu et al. discloses that the formulations have much better greasing cutting and wetting properties (col.3, lines 26-28 and lines 40-44). As to the limitation of having a reduced drying time at a temperature of at least about 140°C, Hu et al. formulations are deemed to have reduced drying times since 140°C temperature and above are considered extremely hot surface.
Regarding claims 48-49, Hu et al. teaches lowering the contact angles (col.7, lines 45-55 and Fig.3).
Hu et al. appears silent to disclose contact angles of less than 30 degrees or 25 degrees.
However, Hu et al. teaches to lower the contact angles since the data show that lower contact angles did in fact result from the incorporation of suitable anionics (col.7, lines 45-47 and lines 52-55). 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 to lower Hu et al. contact angles to 30 degrees or even lower in order to achieve lower surface tensions.
Regarding claim 50, Hu et al. discloses that the antimicrobial quaternary ammonium
compound is dioctyl dimethyl ammonium chloride (col.5, lines 55-56)
Regarding claim 51, Hu et al. appears silent to disclose that the anionic surfactant comprising octanoic acid, decanoic acid, ethylhexanoic acid, lauric acid, or a combination thereof
McDonell et al. discloses concentrated surface cleaner compositions (col.1, lines 12-17) that includes quaternary ammonium salts (col.3, line 47) and octanoic acid or decanoic, lauric acids (col.8, lines 7-10) in order to provide compositions that functions as degreasers, hand soaps and bathroom cleaners (col.1, lines 13-17). 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 to add McDonell et al. octanoic or decanoic, or lauric acids to Hu et al. composition in order to provide compositions that functions as degreasers, hand soaps and bathroom cleaners.
Regarding claim 52, the formulations of Hu et al. are deemed to provide at least an at
least 5 log microbial kill on the surface since Hu et al. teaches (col.3, lines 26-28 and lines 39-44) that the composition has disinfecting biocidal properties against microorganisms.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONZER R CHORBAJI whose telephone number is (571)272-1271. The examiner can normally be reached M-F 5:30-12:00 and 6:00-9:00.
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/MONZER R CHORBAJI/Primary Examiner, Art Unit 1799
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