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 .
Response to Amendment
The rejection of claims 1-10 under 35 U.S.C. 103 as obvious over Mueller-Cristadoro (WO 2019233795 A1) and Andersen (WO 2017174769 A2) is maintained.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Mueller-Cristadoro (WO 2019233795 A1) and in further view of Andersen (WO 2017174769 A2).
With regard to claim 1, Mueller-Cristadoro discloses a dispersion polymer (see Abstract), which is an alkoxylated polyamidoamine obtained by reacting a carboxylic acid having a total number of carboxylic acid groups (TN) of 3-10, a diamine of the formula H2N-Z-NH2, wherein Z represents a bond or an organic group comprising 1-30 carbon atoms, a ratio of 0.3 to 1 TN moles of diamine per 1 mol of polycarboxylic acid, and further the aloxylating product with at least 0.5 mol of alkylene oxide per 1 mole of primary amino group (see Abstract). Mueller-Cristadoro further discloses a polymer comprised of triethylcitrate and methyldiaminocyclohexane (see Example 1). This polymer is further disclosed to form a polymer through reaction with ethylene oxide (see Polymer A), which has a molecular weight of 1700g/mol (see Polymer A). Further, Mueller-Cristadoro discloses the polyamidoamine may be a dispersant (see Claim 11).
However, Mueller-Cristadoro fails to disclose a hydrolase.
Andersen discloses a detergent composition (see Abstract). Andersen further discloses the detergent may comprise dispersants, particularly carboxylic acid, which comprises at least two carbonyl radicals separated by not more than two carbon atoms (see page 31 line 21-25). Andersen further teaches the composition may comprise a stain removing enzyme, specifically protease and lipase (see page 9 line 3-5). Further, Andersen discloses the detergent composition may comprise dyes or pigments (see page 22 line 28-29).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the enzyme stabilizer of Mueller-Cristadoro in the detergent composition of Andersen, for the purpose of stabilizing the enzymes in the composition of Andersen. Further, Mueller-Cristadoro discloses the polycarboxylic acid as useful in pigment dispersion and Andersen discloses the detergent may comprise dispersants (see page 31 line 21). Andersen further discloses the dispersant may be a polycarboxylic acid comprising at least two carboxyl radicals separated from each other by not more than two carbon atoms (see page 31 line 22-25). This description reads on the polycarboxylic acids of Mueller-Cristadoro. It would have been obvious to one of ordinary skill in the art, before the effective filing date, the utilize the polycarboxylic acid of Mueller-Cristadoro for the purpose of dispersing the pigments in the detergent composition disclosed by Andersen.
With regard to claim 2 and claim 8, Mueller-Cristadoro further discloses Z is preferably selected from 1-methyl-2,4-diamine cyclohexane (see page 5 line 6).
With regard to claim 3, Andersen discloses a detergent composition comprising protease (see page 9 line 3-5).
With regard to claim 4, Andersen discloses the protease of the invention may be EC 3.4.21 (see page 3 line 16) and further discloses a suitable lipase as Bacillus alkalophilus Subtilisin (see page 15 line 22-23).
With regard to claim 5, Mueller-Cristadoro further discloses triethylcitrate as a suitable polycarboxylic compound (see Example 1).
With regard to claim 6, Mueller-Cristadoro further discloses 0.3 TN to 1 TN of diamine per 1 mole of polycaroxylic compound (see Abstract).
With regard to claim 7, Mueller-Cristadoro further discloses a polymer with a molecular weight of 1700g/mol (see Polymer A).
With regard to claim 9, Andersen discloses the composition may include cobuilders alone or in combination with a builder and homopolymers of polyacrylates, such as poly(acrylic acid) as suitable co-builders (see page 20 line 1-5). Andersen further discloses chelators such as aminopolycarboyxlates (see page 20 line 6-7) and chelators as chemicals which form water soluble complexes with metal ions (see page 19 line 22-23).
With regard to claim 10, Andersen discloses the detergent composition may be used in a domestic or industrial cleaning process, such as dishwashing, laundering, or cleaning hard surfaces (see page 36 line 5-9). Andersen further discloses a dishwashing method comprising exposing the dishware to an aqueous wash liquor comprising a detergent composition (see page 36 line 10-12).
Response to Arguments
Applicant's arguments filed January 8th, 2026 have been fully considered but they are not persuasive.
Applicant argues that motivation is lacking to combine the prior art references. Applicant further argues that Mueller-Cristadoro and Andersen are directed toward separate purposes. As stated above, Andersen discloses a detergent composition. Andersen further discloses the detergent composition may comprise a dispersant, specifically a carboxylic acid, which comprises at least two carbonyl radicals separated by not more than two carbon atoms (see page 31 line 21-25). Mueller-Cristadoro discloses polycarboxylic acid dispersants. As Mueller-Cristadoro discloses the specific dispersants taught by Andersen, it stands to reason that one having ordinary skill in the art would be motivated to utilize the polycarboxylic acid dispersants of Mueller-Cristadoro in the detergent composition of Andersen.
Applicant further argues that it is not enough to show that one having ordinary skill in the art would have been able to combine the references. Further, Applicant argues that motivation to do so must be established. Applicant further argues that the Office must establish why the particular elements would be obvious to add. Mueller-Cristadoro discloses dispersants are desired to disperse pigments in water as well as organic solvents (see page 1 line 25-28). Mueller-Cristadoro further discloses pigment dispersions may be used in a variety of technical applications (see page 1 line 22). Mueller-Cristadoro further discloses dispersants should allow the preparation of pigment dispersions of high homogeneity and low particle size of the distributed pigment particles (see page 1 line 30-34). Andersen discloses the composition may comprise dyes and pigments (see page 22 line 28-29) and may further comprise polycarboxylic acid dispersants (see page 31 line 21-25). Andersen further discloses the composition may comprise 0-30% of an organic solvent (see page 36 line 2).
Applicant further argues that Andersen is directed toward specific enzymes and enzyme concentrates. Andersen is directed toward detergent compositions which comprise enzymes. Andersen further discloses the compositions may comprise dyes and pigments (see page 22 line 28-29) and may further may comprise polycarboxylic acid dispersants (see page 31 line 21-25). Applicant further argues that Andersen prefers powdered detergents. Andersen also discloses liquid detergents (see Claim 11).
Andersen discloses pigments. Mueller-Cristadoro discloses dispersants for pigments. Andersen discloses dispersants, specifically polycarboxylic acid dispersants. Mueller-Cristadoro discloses polycarboxylic acid dispersants. Mueller-Cristadoro further discloses dispersants as useful in water and organic solvents. Andersen discloses 0-30% of an organic solvent. For the above reasons, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the polycarboxylic acid dispersants of Mueller-Cristadoro in the detergent composition of Andersen.
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.
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/B.S.H./Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761