DETAILED CORRESPONDENCE
Application Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/19/2026 has been entered.
3. Applicant’s amendment to the claims filed on 02/19/2026 in response to the Advisory Action mailed on 02/06/2026 is acknowledged. This listing of claims replaces all prior listings of claims in the application.
4. Claims 1-6 and 9-22 are pending.
5. Applicant’s remarks filed on 02/19/2026 in response to the Advisory Action mailed on 02/06/2026 have been fully considered and are deemed not persuasive to overcome at least one of the rejections and/or objections as previously applied.
The text of those sections of Title 35 U.S. Code not included in the instant action can be found in the prior Office Action.
Information Disclosure Statement
6. The IDS filed on 02/19/2026 has been considered by the examiner and a copy of the Form PTO/SB/08 is attached to the office action.
Claim Rejections - 35 USC § 112(b)
7. The rejection of claims 1-6, 9-14, 19, and 21-22 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, is withdrawn in view of applicants’ amendment to the claims to recite “relative to a cleaning composition without the enzyme having hexosaminidase activity”.
Claim Rejections - 35 USC § 102
8. The rejection of claims 1-6, 9-14, 19 and 21-22 under 35 U.S.C. 102(a)(1) as being anticipated by Oehlenschlaeger et al. (WO 2017/186936 A1; cited on IDS filed on 05/24/2023) is maintained for the reasons of record and the reasons set forth below. The rejection has been modified in order to address applicants’ amendment to the claims.
9. As amended, claims 1-5, 9-14, 19 and 21 are drawn to a cleaning composition for hard surfaces and textiles, wherein the cleaning composition comprises an enzyme having hexosaminidase activity in an amount ranging from 0.1 to 50 ppm; and one or more perfume components in an amount ranging from 0.0005 to 5 wt%, wherein the cleaning composition exhibits an increase in binding and subsequent release of one or more perfume components as measured by gas chromatography-mass spectrometry; and wherein the enzyme is selected from the group consisting of polypeptides having at least 60% sequence identity to SEQ ID NO: 2, SEQ ID NO: 3, SEQ ID NO: 4, SEQ ID NO: 5, SEQ ID NO: 8, SEQ ID NO: 9, SEQ ID NO: 10, SEQ ID NO: 11, SEQ ID NO: 12, SEQ ID NO: 13, SEQ ID NO: 14, SEQ ID NO: 15, SEQ ID NO: 16, SEQ ID NO: 17, SEQ ID NO: 18, SEQ ID NO: 19, SEQ ID NO: 20, SEQ ID NO: 21, SEQ ID NO: 22, and SEQ ID NO: 23.
As amended, claim 6 is drawn to a method of deep cleaning an item, wherein the method comprises a) contacting the item with the cleaning composition according to claim 1, wherein the item is a textile or a hard surface; and b) optionally rinsing the item.
As amended, claim 22 is drawn to a method of deep cleaning an item, wherein the method comprises contacting the item with the cleaning composition of claim 21, wherein the item is a textile or a hard surface, and optionally rinsing the item.
10. With respect to claim 1, Oehlenschlaeger et al. teach a cleaning composition for hard surfaces and textiles, wherein the cleaning composition comprises an enzyme having hexosaminidase activity in an amount ranging from 0.00008-50 ppm (encompasses the claimed range) and one or more perfume components in an amount ranging from less than 5% [see p. 8, lines 19-29; p. 18, lines 20-31; p. 39, lines 18-23; p. 73, lines 23]. Oehlenschlaeger et al. teach the cleaning composition wherein the dispersin comprises an amino acid sequence that is 100% identical to SEQ ID NO: 2 [see alignment attached as APPENDIX A]. Although Oehlenschlaeger et al. does not explicitly teach “wherein the cleaning composition exhibits an increase in binding and subsequent release of one or more perfume components as measured by gas chromatography-mass spectrometry”, it is the examiner’s position that given that Oehlenschlaeger et al. teach identical structures of dispersins that are encompassed by the claims, this feature would be inherent to the dispersins taught by Oehlenschlaeger et al. Since the Office does not have the facilities for examining and comparing applicants’ protein with the protein of the prior art, the burden is on the applicant to show a novel or unobvious difference between the claimed product and the product of the prior art (i.e., that the composition of the prior art does not possess the same material structural and functional characteristics of the claimed composition). See In re Best, 562 F.2d 1252, 195 USPQ 430 (CCPA 1977) and In re Fitzgerald et al., 205 USPQ 594.
With respect to claim 2, Oehlenschlaeger et al. teach the cleaning composition wherein the enzyme having hexosaminidase activity is a dispersin having 1,6 beta-N-acetylglucosamine activity [see p. 5, bottom to top of p. 6].
With respect to claim 3, Oehlenschlaeger et al. teach the cleaning composition wherein the dispersin comprises an amino acid sequence that is 100% identical to SEQ ID NO: 2 [see alignment attached as APPENDIX A].
With respect to claim 4, Oehlenschlaeger et al. teach the cleaning composition wherein the one or more perfume component comprises alpha-isomethyl ionone, citronellol, linalool [see p. 73].
With respect to claim 5, Oehlenschlaeger et al. teach the cleaning composition further comprising a zeolite builder, phosphonate builder, an enzyme, bleaching component, amphoteric surfactants, anionic surfactants, and non-ionic surfactant [see p. 8, lines 19-29, p. 19, top; p. 20, bottom to p. 21; p. 73].
With respect to claim 6, Oehlenschlaeger et al. teach a method of deep cleaning of an item wherein the method comprises contacting the item with the cleaning composition wherein the item is a textile or a hard surface [see p. 8, lines 19-29; p. 18, lines 20-31; p. 28-29; p. 39, lines 18-23; p. 73, lines 23].
With respect to claim 9, Oehlenschlaeger et al. teach the cleaning composition wherein the cleaning composition is a solid laundry detergent composition, a liquid laundry detergent, fabric finishers, and automatic dishwashing agent [see p. 8; p. 22, top; p. 59].
With respect to claim 10, Oehlenschlaeger et al. teach the cleaning composition is a unit dose form and comprises at least 2 compartments and is a phosphate free composition [see p. 22, top; p. 58, bottom].
With respect to claim 11, Oehlenschlaeger et al. teach the cleaning composition comprises one or more of a zeolite builder, phosphate builder, silicate builder, in the amount of 5% to about 50% wt [see p. 23, bottom].
With respect to claim 12, Oehlenschlaeger et al. teach the cleaning composition wherein the further enzyme is protease, cellulase, and amylase [see p. 29, lines 17-20].
With respect to claim 13, Oehlenschlaeger et al. teach the cleaning composition wherein the bleaching component is a bleaching agent [see p. 78, top].
With respect to claim 14, Oehlenschlaeger et al. teach the cleaning composition wherein the organic solvent is glycerol [see p. 74, top].
With respect to claim 19, Oehlenschlaeger et al. teach the cleaning composition wherein the biocide is formic acid [see p. 60, top].
With respect to claim 21, Oehlenschlaeger et al. teach the cleaning composition further comprising at least one surfactant in the range of 5% to 40% [see p. 19, lines 17-19], one builder in the range of 5% to 50% [see p. 20, bottom], and one bleach component in the range 0.5-30% [see p. 25, top].
With respect to claim 22, Oehlenschlaeger et al. teach a method of deep cleaning of an item wherein the method comprises contacting the item with the cleaning composition wherein the item is a textile or a hard surface [see p. 8, lines 19-29; p. 18, lines 20-31; p. 28-29; p. 39, lines 18-23; p. 73, lines 23].
11. The rejection of claims 1-3, 5-6, and 9-22 under 35 U.S.C. 102(a)(1) as being anticipated by Wieland et al. (WO 2019/086520 A1, published 05/09/2019; cited on IDS filed on 10/07/2024) ) is maintained for the reasons of record and the reasons set forth below. The rejection has been modified in order to address applicants’ amendment to the claims.
12. With respect to claim 1, Wieland et al. teach a cleaning composition for hard surfaces and textiles, wherein the cleaning composition comprises an enzyme having hexosoaminidase activity in an amount ranging from 0.00008-50 ppm and one or more perfume component in an amount of 0.01 to 3 % wt [see Abstract; p. 1-2; p. 4, lines 36-37; p. 17, lines 20-30]. Wieland et al. further teach wherein the composition prevents, reduces, or removes malodor from the item [see p. 5]. Wieland et al. teach the cleaning composition wherein the dispersin comprises an amino acid sequence that is 100% identical to SEQ ID NO: 2 [see alignment attached as APPENDIX B]. Although Wieland et al. does not explicitly teach “wherein the cleaning composition exhibits an increase in binding and subsequent release of one or more perfume components as measured by gas chromatography-mass spectrometry”, it is the examiner’s position that given that Wieland et al. teach identical structures of dispersins that are encompassed by the claims, this feature would be inherent to the dispersins taught by Wieland et al. Since the Office does not have the facilities for examining and comparing applicants’ protein with the protein of the prior art, the burden is on the applicant to show a novel or unobvious difference between the claimed product and the product of the prior art (i.e., that the composition of the prior art does not possess the same material structural and functional characteristics of the claimed composition). See In re Best, 562 F.2d 1252, 195 USPQ 430 (CCPA 1977) and In re Fitzgerald et al., 205 USPQ 594.
With respect to claim 2, Wieland et al. teach the cleaning composition wherein the enzyme is a dispersin having 1,6 beta-N-acetylglucosamine activity [see p. 6, lines 20-22].
With respect to claim 3, Wieland et al. teach the cleaning composition wherein the dispersin comprises an amino acid sequence that is 100% identical to SEQ ID NO: 2 [see alignment attached as APPENDIX B].
With respect to claim 5, Wieland et al. teach the cleaning composition further comprising a zeolite builder, a phosponate builder, a further enzyme, a silicate builder, a bittering agent, a bleaching component, a nonionic surfactant, plant based esterquat, adipic acid, a soil release agent, a biocide, an anionic surfactant, a bio-based surfactant, an amphoteric surfactant, a nonionic surfactant [see p. 2-3].
With respect to claim 6, Wieland et al. teach a method of deep cleaning an item, wherein the method comprises contacting the item with the cleaning compostion, wherein the item is a textile or hard surface and optionally rinsing the item [see Abstract; p. 1-2; p. 4, lines 36-37; p. 17, lines 20-30].
With respect to claim 9, Wieland et al. teach the cleaning composition is a solid laundry detergent, a liquid laundry detergent, a fabric finisher, an acidic cleaning agent, a neutral cleaning agent, an alkaline cleaning agent, a hand dishwashing agent, and an automatic dishwashing composition [see p. 2-3].
With respect to claim 10, Wieland et al. teach the cleaning composition wherein the cleaning composition is a unit dose form and comprises at least 2 compartments and is a phosphate-free composition [see p. 2, lines 23-24, p. 4, line 8-9].
With respect to claim 11, Wieland et al. teach the cleaning composition comprising a zeolite builder in an amount ranging from 10 to 50% wt, a phosphonate builder in an amount of 0.1 to 5% wt, a further enzyme in an amount of 100 to 5000 ppb, a polyvinylpyrrolidone polymer in an amount of 0.01 to 1 wt%, a silicate builder in an amount of 2 to 20% wt, carboxymethylcellulose in an amount of 0.1 to 10 wt%, a bleaching component in an amount of 0.1 to 50% wt, a non-ionic surfactant in an amount of 1 to 20 wt%, the organic solvent in an amount of 0.1 to 10% wt, water in an amount of up to 20% wt, bittering agent in an amount of 0.01 to 2% wt, optical brightener in an amount of 0.01 to 2% wt, softening silicone in an amount of 01 to 10% wt, polyquaternium 10 in an amount of 0.1 to 20% wt, polyquaternium 37 in an amount of 0.1 to 20% wt, plant-based esterquat in an amount of 0.1 to 20% wt, adipic acid in an amount of 0.1 to 20% wt, plant based surfactant in an amount ranging from 0.1 to 5% wt, a bio-based surfactant in an amount ranging from 0.1 to 5% wt, an anionic surfactant in an amount from 0.1 to 40% wt, an amphoteric surfactant in an amount of 0.1 to 25% wt, a non-ionic surfactant in an amount of 0.1 to 25% wt, a citrate builder in an amount ranging from 5 to 30% wt, a phosphonate builder in an amount of 0.1 to 5% wt, a nonionic surfactant in an amount ranging from 0.1 to 10% wt, a bleaching component in an amount of 0.1 to 50% wt, a sulfopolymer in an amount of 0.01 to 15 %wt, a cationic polymer in an amount of 0.01 to 15% wt, and a polyacrylate in an amount of 0.01 to 15 wt% [see p. 2-4].
With respect to claim 12, Wieland et al. teach the cleaning composition wherein the further enzyme is a protease, cellulase, amylase, and combinations thereof [see p. 9, lines 16-20].
With respect to claim 13, Wieland et al. teach the cleaning composition wherein the bleaching component is a bleaching agent, bleach activator, and a bleach catalyst [see p. 72, lines 24-25].
With respect to claim 14, Wieland et al. teach cleaning composition wherein the organic solvent is glycerol [see p. 2, line 21].
With respect to claim 15, Wieland et al. teach the cleaning composition wherein the bittering agent is benzyl diethyl-(2,6-xylyl carbamoyl)-methyl ammonium benzoate [see p. 2, lines 26-27].
With respect to claim 16, Wieland et al. teach the cleaning composition wherein the softening silicone is amino functionalized silicone [see p. 2 lines 33-34].
With respect to claim 17, Wieland et al. teach the cleaning composition wherein the perfume is at least partially encapsulated in microcapsules [see p. 2, lines 35-36].
With respect to claim 18, Wieland et al. teach the cleaning composition wherein the plant-based esterquat comprises a canola based or palm based esterquat [see p. 3, top].
With respect to claim 19, Wieland et al. teach the cleaning composition wherein the biocide comprises HCl, formic acid, quaternary ammonium compounds, or quaternary ammonium alcohols [see p. 3, lines 7-15].
With respect to claim 20, Wieland et al. teach the cleaning composition wherein the amphoteric surfactant is betaine [see p. 20, bottom].
With respect to claim 21, Wieland et al. teach the cleaning composition further comprising at least one surfactant in an amount ranging from 1 to 40% wt, at least one builder in an amount ranging from 1 to 30% wt, and at least one bleach component ranging from 1 to 20% wt [see p. 2-4].
With respect to claim 22, Wieland et al. teach a method of deep cleaning an item, wherein the method comprises contacting the item with the cleaning compostion, wherein the item is a textile or hard surface and optionally rinsing the item [see Abstract; p. 1-2; p. 4, lines 36-37; p. 17, lines 20-30].
Response to Remarks Regarding Prior Art Rejections
13. Beginning on p. 8 of applicants’ remarks, applicants in summary contend that Oehlenschlaeger and Weiland do not explicitly teach “increased binding and subsequent release of perfume components as measured by gas chromatography-mass spectrometry”. Applicants contend that the ingredients such as perfumes are optional that may be used by not present by necessity and the inherency assertion lacky any showing that the claimed result is necessarily present in all dispersin/perfume compositions.
These arguments are found to be not persuasive because one reading the disclosures of Oehlenschlaeger and Weiland can structurally envisage a composition comprising the dispersin and perfume components at the claimed range. MPEP 2123.I states "[a] reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Labs., Inc. 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989). See also Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005)." Regarding the limitation "wherein the cleaning composition exhibits an increase in a binding and subsequent release of the one or more perfume components as measured by gas chromatography", this is a functional limitation that is dictated by the structure of the composition. As such, given that both Oehlenschlaeger et al. and Weiland teach what is structurally required by the claim, it is the examiner's position that absent evidence otherwise, this feature would necessarily be inherent to the compositions. Furthermore, the claims are generic to any type of perfume to which one of ordinary skill in the art reading the claim would expect that all perfumes utilized in cleaning compositions would have this function when combined with a hexosaminidase.
Double Patenting
14. The nonstatutory double patenting rejection of claims 1-6 and 9-22 over claims 1-20 of U.S. Patent No. 10, 636,354 is maintained for the reasons of record set forth in the Non-Final Rejection mailed on 07/25/2025.
15. The nonstatutory double patenting rejection of claims 6 and 22 over claims 1-16 of U.S. Patent No. 12,241,045 is maintained for the reasons of record set forth in the Non-Final Rejection mailed on 07/25/2025.
16. The nonstatutory double patenting rejection of claims 1-6 and 9-22 over claims 1-8 of U.S. Patent No. 11,732,220 is maintained for the reasons of record set forth in the Non-Final Rejection mailed on 07/25/2025.
RESPONSE TO REMARKS: Beginning on p. 10 of applicants’ remarks applicants state they will defer responding until claims in the present application are otherwise allowable. Therefore, the rejections are maintained for the reasons already of record.
Conclusion
17. Status of the claims:
Claims 1-6 and 9-22 are pending.
Claims 1-6 and 9-22 are rejected.
No claims are in condition for an allowance.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL J HOLLAND whose telephone number is (571)270-3537. The examiner can normally be reached Monday to Friday from 8AM to 5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Manjunath Rao can be reached at 571-272-0939. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PAUL J HOLLAND/Primary Examiner, Art Unit 1656
APPENDIX A
Oehlenschlaeger et al. with SEQ ID NO: 2
Query Match 100.0%; Score 1812; Length 346;
Best Local Similarity 100.0%;
Matches 346; Conservative 0; Mismatches 0; Indels 0; Gaps 0;
Qy 1 QNSTKQSGLMLDISRRFYSVETIKQFIDDIAQANGTFLHLHFADHENYALESTFLNQRAE 60
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1 QNSTKQSGLMLDISRRFYSVETIKQFIDDIAQANGTFLHLHFADHENYALESTFLNQRAE 60
Qy 61 NAIVQNGIYINPKTNKPFLTYEQIDQIIRYAQEKQIELIPEVDSPAHIKGILTLLRLEKG 120
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 61 NAIVQNGIYINPKTNKPFLTYEQIDQIIRYAQEKQIELIPEVDSPAHIKGILTLLRLEKG 120
Qy 121 EDYVNQIALNQDELNLDSPESLTMMKTLVDEVCYIFGYSAQHFHIGGDEFNYASNFIRYV 180
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 121 EDYVNQIALNQDELNLDSPESLTMMKTLVDEVCYIFGYSAQHFHIGGDEFNYASNFIRYV 180
Qy 181 NALNQHINQKGLITRMWNDGLLQQNIDELDKNIEITYWSFDGDAQEKNDIVERRATRISL 240
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 181 NALNQHINQKGLITRMWNDGLLQQNIDELDKNIEITYWSFDGDAQEKNDIVERRATRISL 240
Qy 241 PTLLDKGFKALNYNSYYLYFIPKDNGNIATDAKFALNDLKQNWQLLRWDGNYETQPIQQA 300
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 241 PTLLDKGFKALNYNSYYLYFIPKDNGNIATDAKFALNDLKQNWQLLRWDGNYETQPIQQA 300
Qy 301 ENLIGAAFSIWGEHAGKLSDDVIHQATSPLIQATIIQTNAKTTGPN 346
||||||||||||||||||||||||||||||||||||||||||||||
Db 301 ENLIGAAFSIWGEHAGKLSDDVIHQATSPLIQATIIQTNAKTTGPN 346
APPENDIX B
Weiland et al. with SEQ ID NO: 2
ALIGNMENT:
Query Match 100.0%; Score 1812; Length 346;
Best Local Similarity 100.0%;
Matches 346; Conservative 0; Mismatches 0; Indels 0; Gaps 0;
Qy 1 QNSTKQSGLMLDISRRFYSVETIKQFIDDIAQANGTFLHLHFADHENYALESTFLNQRAE 60
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1 QNSTKQSGLMLDISRRFYSVETIKQFIDDIAQANGTFLHLHFADHENYALESTFLNQRAE 60
Qy 61 NAIVQNGIYINPKTNKPFLTYEQIDQIIRYAQEKQIELIPEVDSPAHIKGILTLLRLEKG 120
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 61 NAIVQNGIYINPKTNKPFLTYEQIDQIIRYAQEKQIELIPEVDSPAHIKGILTLLRLEKG 120
Qy 121 EDYVNQIALNQDELNLDSPESLTMMKTLVDEVCYIFGYSAQHFHIGGDEFNYASNFIRYV 180
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 121 EDYVNQIALNQDELNLDSPESLTMMKTLVDEVCYIFGYSAQHFHIGGDEFNYASNFIRYV 180
Qy 181 NALNQHINQKGLITRMWNDGLLQQNIDELDKNIEITYWSFDGDAQEKNDIVERRATRISL 240
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 181 NALNQHINQKGLITRMWNDGLLQQNIDELDKNIEITYWSFDGDAQEKNDIVERRATRISL 240
Qy 241 PTLLDKGFKALNYNSYYLYFIPKDNGNIATDAKFALNDLKQNWQLLRWDGNYETQPIQQA 300
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 241 PTLLDKGFKALNYNSYYLYFIPKDNGNIATDAKFALNDLKQNWQLLRWDGNYETQPIQQA 300
Qy 301 ENLIGAAFSIWGEHAGKLSDDVIHQATSPLIQATIIQTNAKTTGPN 346
||||||||||||||||||||||||||||||||||||||||||||||
Db 301 ENLIGAAFSIWGEHAGKLSDDVIHQATSPLIQATIIQTNAKTTGPN 346