DETAILED ACTION
Claims 1, 8, 9, 19, 22 and 28--30 are pending as amended on 4 February 2026, claims 5, 6, 10, 11 and 15 are withdrawn from consideration.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Applicant’s amendments to the claims and the remarks/arguments have been entered and fully considered.
Information Disclosure Statement
The information disclosure statement filed 4 February 2026 fails to comply with 37 CFR 1.97(c) because it lacks the timing fee set forth in 37 CFR 1.17(p). It has been placed in the application file, but the information referred to therein has not been considered.
Response to Amendment and Arguments
Applicant’s amendment does not distinguishes from US Patent 5922663 (Gabriel).
Applicant’s arguments in light of the amendments have been fully considered but are not persuasive.
Applicant argues that Gabriel does not teach the presence of a butyleneoxy group in the formula. The examiner disagrees. Gabriel teaches in the following formula I:
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A is independently a straight chain or branched C1-C6 alkyl (col.17, line 7-20), and R2 can be a polyether group [-O(EO)a(PO)b-] (col. 16, line 50-59), which renders the presence of a butyleneoxy group obvious when A is a ethylene, R and R1 are each C1 alkyl (methyl), or when A is a methylene and one of R and R1 is C1 alkyl, and the other one is a C2 alkyl. As such the rejection over Gabriel stands.
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.
Claim 8 is 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 8 require z is 0, however, independent claim 1 requires z is 1 to 40. Thus claim 8 fails to include all the limitations of 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
Claims 1, 8-9 and 19 stand rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5922663 (Gabriel).
Regarding claims 1 and 8-9, Gabriel teaches an anionic surfactant of the formula (col.16, line 35-40):
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wherein the R and R1 are independently C1-C22 alkyl (col.16,line 45 and 56); R2 can be a polyether group [-O(EO)a(PO)b-] wherein a is 0-30, b is 0 to 10, a+b is at least 1 and t is independently 0 or 1(col. 16, line 50-59), which overlaps with the claimed x and y, respectively and a prima facie case of obviousness exists; A is independently a straight chain or branched C1-C6 alkylene(col.17, line 7-20); R3 can be a phenyl group (col. 17,line 20-23); and Z is independently -SO3Y or -OSO3Y (col16, line 65-67), which renders the claimed C7-C28 alkylaryl group substituted with one sulfonate moieties and the instant Formula IA containing 1 butyleneoxy group obvious, i.e., z is 1, when A is a ethylene, R and R1 are each C1 alkyl (methyl), or when A is a methylene and one of R and R1 is C1 alkyl, and the other one is a C2 alkyl.
Regarding claim 19 , Gabriel teaches a composition comprising the surfactant and water as a carrier liquid (col. 29 ,line 1-5).
Allowable Subject Matter
Claim 22 and 28-30 are allowable for reasons of record.
Conclusion
THIS ACTION IS MADE FINAL. 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 AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-2721302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AIQUN LI/Ph.D., Primary Examiner, Art Unit 1766