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, claims 1-11 and 14-17, in the reply filed on January 23, 2026 is acknowledged. The traversal is on the ground(s) that Groups I and II are inexorably linked, and that no search burden would be present during examination. This is not found persuasive because the examiner respectfully maintains there is a lack of unity a posteriori, since the unit dose article cleaning composition of Group II is not a technical feature that defines a contribution over the prior art. Furthermore, the examiner respectfully maintains that the distinct inventions would require separate and distinct searches.
The requirement is still deemed proper and is therefore made FINAL.
Claims 12-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on January 23, 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-6 and 14-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 provides for the use of a cleaning agent, but, since the claim does not set forth any steps involved in the method/process, it is unclear what method/process applicant is intending to encompass. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced.
Claim 5 is rejected under 35 U.S.C. 101 because the claimed recitation of a use, without setting forth any steps involved in the process, results in an improper definition of a process, i.e., results in a claim which is not a proper process claim under 35 U.S.C. 101. See for example Ex parte Dunki, 153 USPQ 678 (Bd. App. 1967) and Clinical Products, Ltd. v. Brenner, 255 F. Supp. 131, 149 USPQ 475 (D.D.C. 1966). Claims 6 and 14-17 are included in this rejection for being dependent upon claim 5. Appropriate correction and or clarification is required.
Claim Rejections - 35 USC § 102
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.
Claims 1-11 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mussman et al, US 2016/0362633.
Mussman et al, US 2016/0362633, discloses a care product for automatic dishwashers (see abstract) that contains a cleaning composition composed of an alcohol ethoxylate of formula I, which meets additive formula (I) of the instant claims when R1 is C16-18, AO is CH2-CH2-O, x is 20-30, y is zero, z is zero, and R3 is hydrogen (see paragraph 6), a second fatty alcohol of formula II, which meets rinse surfactant (III) of the instant claims when R7 is C10-16, x is 10-30, y is zero, R9 is hydrogen, and R8 is C10-20 (see paragraph 22), that the ratio of the alcohol ethoxylate of formula I to the second fatty alcohol of formula II is 1:1 (see paragraph 25), and that the care product contains adjunct ingredients, such as enzymes and builders (see paragraph 37), wherein the care product is in solid or a liquid form (see paragraph 54), and wherein the care product is placed in a dispensing unit of an automatic dishwasher and is dispensed during the main wash cycle in the interior of a dishwasher to clean dishware (see paragraphs 56-71), per the requirements of the instant invention. Specifically, note Example 1, which is used to remove grease (i.e., fat) in a dishwasher. Although Mussman et al is silent with respect to the melting point and cloud point of their second fatty alcohol of formula II, the examiner asserts that the second fatty alcohol of formula II disclosed in Mussman et al would inherently meet the melting point and cloud point requirements of the instant invention, since products of identical chemical composition cannot have mutually exclusive properties. Therefore, instant claims 1-11 and 14-17 are anticipated by Mussman et al, US 2016/0362633.
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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN P MRUK/
Primary Examiner, Art Unit 1761
Brian P Mruk
March 10, 2026
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