DETAILED ACTION
This Office action is in response to Applicant’s amendment filed May 26, 2026. Applicant has amended claim 1. Currently, claims 1, 2, 4 and 6-20 remain pending in the application.
The text of those sections of Title 35 U.S. Code not included in this action can be found in the prior Office actions, Paper Nos. 20250303, 20250723 and 20260223.
The rejection of claims 1, 2, 4 and 6-20 under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Nagy et al, US 2015/0368595, is maintained for the reasons of record.
NEW GROUNDS OF REJECTION
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.
Claim 2 is 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 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for containing the limitation “wherein the softening active is present”. This limitation renders the claim vague and indefinite, since newly amended claim 1, from which claim 2 depends from, requires the softening active to be present in the composition. Appropriate correction and/or clarification is required.
Response to Arguments
Applicant's arguments filed May 26, 2026 have been fully considered but they are not persuasive.
Applicant argues that Nagy et al, US 2015/0368594, does not teach or suggest in general a fabric composition that contains the softening active agents required by applicant in newly amended instant claim 1. However, the examiner respectfully disagrees. Specifically, the examiner respectfully maintains that Nagy et al clearly discloses that their composition contains alkyl quaternary ammonium compounds (see paragraph 146), and silicones (see paragraph 152), per the requirements of newly amended claim 1.
Conclusion
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.
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.
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/BRIAN P MRUK/
Primary Examiner, Art Unit 1761
Brian P Mruk
July 22, 2026
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