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 .
Applicants' arguments, filed November 11, 2025, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
This action is made Non-Final.
Claims
Claim Rejections - 35 USC § 103 – Obviousness (New Rejection)
Claims 1-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Midha et a. (2017/0281483).
Midha et al. disclose an oral care composition containing a gel network phase, potassium nitrate, an abrasive and a fluoride ion source (Abstract). The oral composition include toothpaste (paragraph 0001). The oral care composition comprises (a) a gel network phase comprising from about 14% to about 20%, by weight of the composition, fatty amphiphile and a secondary surfactant; (b) from about 1% to about 8%, by weight of the composition, potassium nitrate (instant claim 1 (ii)); (c) from about 2% to about 25%, by weight of the composition, abrasive; (d) a fluoride ion source including stannous fluoride (instant claim 1(i)); wherein the fluoride ion source provides a fluoride ion concentration from about 0.005% to about 2.0%, by weight of the composition; wherein phase separation is not visually perceptible as determined by the phase separation method (paragraph 0008). The composition can contain another salt such as pyrophosphates for tartar control (paragraph 0020). The tartar control agents include the pyrophosphates salts and sodium tripolyphosphate include sodium salts. The pyrophosphate salt may comprise about 3% to about 8% by weight and include tetraalkali metal pyrophosphate salts, tetrasodium pyrophosphate, (paragraph 0082) (instant claim 1(iii)). Water comprises 15 to about 95% by weigh of the composition (paragraph 0071). An example comprises 20.26% water, 5% potassium nitrate, 0.11% sodium acid pyrophosphate and 0.24% sodium fluoride, which may be substituted with stannous fluoride (Ex. 1 and paragraph 0105). Antimicrobials may be added to the composition and include chlorhexidine and comprise 0.035% to about 2% by weight of the composition.
The amounts disclosed by Midha et al. for the potassium nitrate, fluoride and polyphosphate salts encompass the ratios recited by instant claims 8 and 9.
Generally, it is prima facie obvious to select a known material for incorporation into a composition, based on its recognized suitability for its intended use. See MPEP 2144.07. Chlorhexidine is a guanine. It would have been obvious to one of ordinary skill in the art to have added chlorhexidine to the composition of Midha et al. because Midha et al. suggests adding them to the disclosed compositions.
Allowable Subject Matter
Claim 18 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Claims 1-17 and 20 are rejected.
No claims allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEZAH ROBERTS whose telephone number is (571)272-1071. The examiner can normally be reached Monday-Friday 11:00-7:30.
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/LEZAH ROBERTS/Primary Examiner, Art Unit 1612