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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 30th, 2025 has been entered.
The rejection of claims 1-3, 9-15, and 17-20 under 35 U.S.C. 103 as obvious over Wahl (US 5574179 A) and Smets (US 20200056123 A1) is withdrawn.
The rejection of claim 4 under 35 U.S.C. 103 as obvious over Wahl (US 5574179 A), Smets (US 20200056123 A1), and Souter (US 20170355936 A1) is withdrawn.
The rejection of claims 5-8 under 35 U.S.C. 103 as obvious over Wahl (US 5574179 A), Smets (US 20200056123 A1), and Rohrbaugh (WO 9859030 A1) is withdrawn.
The rejection of claim 13 and claim 16 under 35 U.S.C. 103 as obvious over Wahl (US 5574179 A), Smets (US 20200056123 A1), and De Buzzaccarini (US 20110107527 A1) is withdrawn.
Specification
The disclosure is objected to because of the following informalities:
Typo 1: On page 2 line 32, “reduce” should read “reduces”.
Typo 2: On page 25 line 8, “as a described” should read “as described”.
Appropriate correction is required.
The use of the term PHORWHITE, Tinopal UNPA, Tinopal CBS, Tinopal 5BM, UNIQUAT, PROPEL, DANTOGUARD, KATHON, which are trade names or marks used in commerce, have been noted in this application. The terms should be accompanied by the generic terminology; furthermore the terms should be capitalized wherever they appear or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the terms.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 17-20 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 1 recites the limitation of “from 15% to about 60% by weight of a soil release polymer”. However, claims 17-20, which depend from claim 1, recite “at least 10% by weight of the composition of soil release polymer”. This is broader than the range disclosed in claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
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, 13-15, 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Applegate (US 20200157476 A1) and further in view of Smets (US 20200056123 A1), as evidenced by Milliken (“Liquitint™ - Home and Laundry Care”).
With regard to claims 1-3, 13-15, and 17-18, Applegate discloses a composition for removing stains, which may be a liquid (see [0020]), comprising 0.00-80wt% of a surfactant (see [0027]) and 0-50wt% of a soil release polymer (see [0068]). Applegate further teaches the composition may comprise brighteners (see [0043]). Applegate further discloses Liquitint Blue AH as a polymeric dye (see [0044]). Liquitint Blue AH is a polymeric dye, as evidenced by Milliken (see paragraph 1). Applegate further discloses the composition may comprise perfume (see [0071]).
With respect to the ratio of at least 1:1 and 2:1 of soil release polymer to surfactant considering that Applegate teaches a soil release polymer in the range of 0-50wt% as disclosed in ([0068]) and surfactant concentration aids in the range of 0.00-80wt% as disclosed in ([0027]) the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected the overlapping portion of the range disclosed by the reference (e.g. 1 wt% soil release polymer: 1 wt% surfactant or 1:1 and 2% soil release polymer: 1wt% of surfactant or 2:1) because overlapping ranges have been held to be a prima facie case of obviousness, see In re Malagari, 182 U.S.P.Q 549; In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936-37 (Fed. Cir. 1990); In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). In addition, a prima facie case of obviousness exists because the claimed ranges "overlap or lie inside ranges disclosed by the prior art", see In re Wertheim, 541 F.2d 257,191 USPQ 90 (CCPA 1976; In re Woodruff; 919 F.2d 1575,16USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05(I).
However, Applegate fails to disclose at least 0.001wt% of hueing dye.
Smets teaches a liquid fabric treatment composition, an analogous art (see Abstract). Smets further discloses hueing dyes from 0.00003 wt% to 0.1 wt% (see [0099]). Smets further discloses fluid laundry detergents typically comprise 0.00003-0.1wt% of hueing dyes (see [0099]).
Applegate discloses composition for removing stains, which may be a liquid (see [0020]). Applegate further discloses the composition may comprise 0-50wt% of a soil release polymer (see [0068]) and builders (see [0069]). Smets discloses a liquid fabric treatment composition (see Abstract). Smets further discloses the composition may comprise a soil release polymer (see [0102]) and a builder (see [0096]). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to select from 0.00003 wt% to 0.1 wt% as taught by Smets in the composition of Applegate. As disclosed by Smets, fluid laundry detergents typically comprise 0.00003-0.1wt% of hueing dyes.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Applegate (US 20200157476 A1) and Smets (US 20200056123 A1), as evidenced by Milliken (“Liquitint™ - Home and Laundry Care”), as applied to claim 1 above, in further view of Souter (US 20170355936 A1).
With regard to claim 4, Applegate and Smets disclose the composition of claim 1.
However, Applegate and Smets fail to disclose the process taking place in a professional laundry machine.
Souter discloses a process for washing fabrics in the drum of an automatic washing machine (see Abstract). Souter further discloses 4kg-15kg of fabric to be added to the washing machine to be washed (see [0032]). The instant specifications disclose a professional laundry machine as one having a dry laundry capacity of higher than 5kg of dry laundry. Souter further teaches the laundry detergent composition used in the washing process may comprise a soil release polymer and a hueing dye (see [0086]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the cleaning composition as disclosed by Applegate and Smets, in the method of washing as disclosed by Souter, as the method disclosed by Souter may be utilized with a cleaning composition analogous to that taught by Applegate and Smets, specifically comprising a soil release polymer and a hueing dye.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Applegate (US 20200157476 A1) and Smets (US 20200056123 A1), as applied to claim 1 above, in further view of Rohrbaugh (WO 9859030 A1).
With regard to claims 5-8, Applegate and Smets disclose all of the limitations of claim 1.
However, Applegate and Smets fail to disclose a process comprising one or more washing steps and one or more rinse steps.
Rohrbaugh teaches a fabric laundering composition comprising a soil release polymer and at least one detersive surfactant, an analogous art (see page 7). Rohrbaugh fabrics laundered at 35oC and rinsed at 21oC then line dried. These steps were repeated several times (Page 57).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the composition, as disclosed by Applegate and Smets, in the method, as disclosed by Rohrbaugh, as the composition disclosed by Applegate and Smets also comprise a soil release polymer and a surfactant. It stands to reason that a similar composition would perform in a similar manner when used in the same method.
Claims 9-12 and claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Applegate (US 20200157476 A1) and Smets (US 20200056123 A1), as applied to claim 1 above, in further view of Wahl (US 5574179 A).
With regard to claims 9-12, Applegate and Smets disclose the composition of claim 1.
However, Applegate and Smets fail to disclose the soil release polymer disclosed in the instant claims.
Wahl teaches a textile treatment composition (see Abstract) and further teaches a soil release agent, in the form of a polymer (Col 14 line 32-35). The disclosed formula (Col 15 line 1) is identical to that shown in the instant claims. Further, R5 and R6 as disclosed in the claims may be H or CH3. Wahl discloses R2, corresponding to the carbon positions of R5 and R6 as ethylene, which would result in R5 and R6 as H (Col 15 line 49-50). Wahl further teaches X, corresponding to R7, selected from the group consisting of H or an alkyl or acyl group containing from about 1 to about 4 carbon atoms, preferably methyl (Col 15 line 5-8). Wahl discloses R1 as 1,4 phenylene moieties (Col 15 line 15) and further discloses very few u values greater than 10 (Col 15 line 11-12), corresponding to n in the instant claims. Wahl teaches an n value of 6 to 113, corresponding to c in the instant claims (Col 15 line 8-9).
Applegate discloses composition for removing stains, which may be a liquid (see [0020]). Applegate further discloses the composition may comprise 0-50wt% of a soil release polymer (see [0068]) and 0.00-80wt% of a surfactant (see [0027]). Wahl discloses soil release agent, in the form of a polymer (Col 14 line 32-35), and further discloses the composition may comprise 0-15% of a surfactant (Col 9 line 7-13). Both Applegate and Wahl disclose textile treatment compositions. Applicant is reminded of In re Kerkhoven, which affirmed that "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose....the idea of combining them flows logically from their having been individually taught in the prior art". In re Kerkhoven, 626 F .2d 846, 850, 205, USPQ 1069, 1072 (CCPA 1980). Therefore one having ordinary skill in the art would find the claimed invention obvious because Both Applegate and Wahl disclose textile treatment compositions. As stated above, Both Applegate and Wahl disclose textile treatment compositions. It would, therefore, have been obvious to combine the soil release polymer as taught by Wahl with the textile treatment compositions as taught by Applegate to produce a textile treatment composition.
With regard to claims 19-20 Applegate discloses a composition for removing stains, which may be a liquid (see [0020]), comprising 0.00-80wt% of a surfactant (see [0027]) and 0-50wt% of a soil release polymer (see [0068]). Applegate further teaches the composition may comprise brighteners (see [0043]). Applegate further discloses Liquitint Blue AH as a polymeric dye (see [0044]). Liquitint Blue AH is a polymeric dye, as evidenced by Milliken (see paragraph 1).
With respect to the ratio of at least 1:1 and 2:1 of soil release polymer to surfactant considering that Applegate teaches a soil release polymer in the range of 0-50wt% as disclosed in ([0068]) and surfactant concentration aids in the range of 0.00-80wt% as disclosed in ([0027]) the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected the overlapping portion of the range disclosed by the reference (e.g. 1 wt% soil release polymer: 1 wt% surfactant or 1:1 and 2% soil release polymer: 1wt% of surfactant or 2:1) because overlapping ranges have been held to be a prima facie case of obviousness, see In re Malagari, 182 U.S.P.Q 549; In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936-37 (Fed. Cir. 1990); In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). In addition, a prima facie case of obviousness exists because the claimed ranges "overlap or lie inside ranges disclosed by the prior art", see In re Wertheim, 541 F.2d 257,191 USPQ 90 (CCPA 1976; In re Woodruff; 919 F.2d 1575,16USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05(I).
However, Applegate fails to disclose at least 0.001wt% of hueing dye.
Smets teaches a liquid fabric treatment composition, an analogous art (see Abstract). Smets further discloses hueing dyes from 0.00003 wt% to 0.1 wt% (see [0099]). Smets further discloses fluid laundry detergents typically comprise 0.00003-0.1wt% of hueing dyes (see [0099]).
Applegate discloses composition for removing stains, which may be a liquid (see [0020]). Applegate further discloses the composition may comprise 0-50wt% of a soil release polymer (see [0068]) and builders (see [0069]). Smets discloses a liquid fabric treatment composition (see Abstract). Smets further discloses the composition may comprise a soil release polymer (see [0102]) and a builder (see [0096]). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to select from 0.00003 wt% to 0.1 wt% as taught by Smets in the composition of Applegate. As disclosed by Smets, fluid laundry detergents typically comprise 0.00003-0.1wt% of hueing dyes.
However, Applegate and Smets fail to disclose the soil release polymer disclosed in the instant claims.
Wahl teaches a textile treatment composition (see Abstract) and further teaches a soil release agent, in the form of a polymer (Col 14 line 32-35). The disclosed formula (Col 15 line 1) is identical to that shown in the instant claims. Further, R5 and R6 as disclosed in the claims may be H or CH3. Wahl discloses R2, corresponding to the carbon positions of R5 and R6 as ethylene, which would result in R5 and R6 as H (Col 15 line 49-50). Wahl further teaches X, corresponding to R7, selected from the group consisting of H or an alkyl or acyl group containing from about 1 to about 4 carbon atoms, preferably methyl (Col 15 line 5-8). Wahl discloses R1 as 1,4 phenylene moieties (Col 15 line 15) and further discloses very few u values greater than 10 (Col 15 line 11-12), corresponding to n in the instant claims. Wahl teaches an n value of 6 to 113, corresponding to c in the instant claims (Col 15 line 8-9).
Applegate discloses composition for removing stains, which may be a liquid (see [0020]). Applegate further discloses the composition may comprise 0-50wt% of a soil release polymer (see [0068]) and 0.00-80wt% of a surfactant (see [0027]). Wahl discloses soil release agent, in the form of a polymer (Col 14 line 32-35), and further discloses the composition may comprise 0-15% of a surfactant (Col 9 line 7-13). Both Applegate and Wahl disclose textile treatment compositions. Applicant is reminded of In re Kerkhoven, which affirmed that "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose....the idea of combining them flows logically from their having been individually taught in the prior art". In re Kerkhoven, 626 F .2d 846, 850, 205, USPQ 1069, 1072 (CCPA 1980). Therefore one having ordinary skill in the art would find the claimed invention obvious because Both Applegate and Wahl disclose textile treatment compositions. As stated above, Both Applegate and Wahl disclose textile treatment compositions. It would, therefore, have been obvious to combine the soil release polymer as taught by Wahl with the textile treatment compositions as taught by Applegate to produce a textile treatment composition.
Claim 13 and claim 16 are rejected under 35 U.S.C. 103 as being unpatentable over Applegate (US 20200157476 A1) and Smets (US 20200056123 A1), as applied to claim 1 above, in further view of De Buzzaccarini (US 20110107527 A1).
With regard to claim 13, Applegate and Smets disclose all of the limitations of claim 1.
However, Applegate and Smets fail to disclose a hueing dye selected from the group consisting of small molecule dyes, polymeric dyes, and mixtures thereof.
De Buzzaccarini teaches small molecule and polyermic dyes as suitable hueing dyes (0055). De Buzzaccarini further teaches that hueing dyes provide white fabrics with an off-white tint, modifying whiteness appearance and acceptance (0041).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the hueing dyes taught by de Buzzaccarini in the laundering composition, as disclosed by Applegate and Smets, for the purpose of providing an off-white tint to white fabrics to modify whiteness appearance and acceptance.
With regard to claim 16, Applegate and Smets disclose all of the limitations of claim 1.
However, Applegate and Smets fail to disclose a peroxyacid bleach delivered before the whitening additive.
De Buzzaccarini discloses a method of cleaning a white load in a laundry machine (see Abstract). De Buzzaccarini further discloses a method comprising the step of delivering a bleach and subsequently a whitening additive (see [0008]). De Buzzaccarini further discloses peroxyacid bleach as suitable (see [0009]). Lastly, de Buzzaccarini teaches the method as providing good stain removal, good whiteness maintenance, and as leaving the load free of bleach odor (see [0010]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the peroxyacid bleach delivered before the whitening additive, as disclosed by De Buzzaccarini, with the laundry composition, as taught by Applegate and Smets, to provide good stain removal, good whiteness maintenance, and leave the load free of bleach odor, as disclosed by De Buzzaccarini.
Response to Arguments
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.
Applicant argues, with regard to claim 1, that the amended claim discloses 15-60wt% of a soil release polymer.
With regard to claim 1, as Wahl is no longer relied upon as the primary reference, Applicant’s argument is moot.
As stated above, Applegate discloses a composition for removing stains, which may be a liquid (see [0020]), comprising 0.00-80wt% of a surfactant (see [0027]) and 0-50wt% of a soil release polymer (see [0068]).
Conclusion
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/B.S.H./Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761