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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 1-9 are 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.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for containing the limitation “(wherein n=2 to 15)” in instant claim 1. This limitation renders the claim vague and indefinite, since it is unclear if the limitation that appears within the parentheses is required. Claims 2-9 are included in this rejection for being dependent upon claim 1. Appropriate correction and/or clarification is required.
Claim 5 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 detergent composition does not have skin toxicity”. This limitation renders the claim vague and indefinite, since one of ordinary skill in the art would not be able to ascertain the metes and bounds of the limitation “wherein the detergent composition does not have skin toxicity”. Appropriate correction and/or clarification is required.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for containing the limitation “removing old kitchen stains”. This limitation renders the claim vague and indefinite, since one of ordinary skill in the art would not be able to ascertain the metes and bounds of the limitation “old kitchen stains”. Appropriate correction and/or clarification is required.
Claim 8 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 detergent composition is used by diluting the same in water”. It is unclear what the “same” is. Appropriate correction and/or clarification is required.
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Konya et al, US 2021/0032574.
Konya et al, US 2021/0032574, discloses an antimicrobial composition comprising 80-96% by weight of water (see abstract and paragraph 22), and 0.01-12% by weight of surfactants (see paragraph 36), wherein suitable surfactants include a mixture of linear ethoxylated surfactants containing 3-12 moles of ethylene oxide and 6-16 carbon atoms in the alkyl chain (see paragraph 37), branched alkoxylated alcohols such as ethylhexyl ethoxylated alcohol containing 1-14 moles of ethylene oxide (see paragraphs 38-45), and ethylene oxide/propylene oxide block polymers of formula (III) (see paragraph 54). It is further taught by Konya et al that the composition is used in a process to remove microbials from hard surfaces, such as kitchen and bathrooms (see paragraphs 16-21), and that the composition has a pH of about 9 (see paragraph 24). Specifically, note Examples 1-3 and Tables 1-3.
Although Konya et al generally discloses an antimicrobial composition containing 0.01-12% by weight of a mixture of linear ethoxylated surfactants containing 3-12 moles of ethylene oxide and 6-16 carbon atoms in the alkyl chain, branched alkoxylated alcohols such as ethylhexyl ethoxylated alcohol containing 1-14 moles of ethylene oxide, and ethylene oxide/propylene oxide block polymers of formula (III), the reference does not require such antimicrobial compositions containing these components with sufficient specificity to constitute anticipation.
It would have been obvious to a person of ordinary skill in the art at the time of the invention to have formulated an antimicrobial composition, as taught by Konya et al, which contained 0.01-12% by weight of a mixture of linear ethoxylated surfactants containing 3-12 moles of ethylene oxide and 6-16 carbon atoms in the alkyl chain, branched alkoxylated alcohols such as ethylhexyl ethoxylated alcohol containing 1-14 moles of ethylene oxide, and ethylene oxide/propylene oxide block polymers of formula (III), because such antimicrobial compositions fall within the scope of those taught by Konya et al. Therefore, one of ordinary skill in the art would have had a reasonable expectation of success, because such an antimicrobial composition containing 0.01-12% by weight of a mixture of linear ethoxylated surfactants containing 3-12 moles of ethylene oxide and 6-16 carbon atoms in the alkyl chain, branched alkoxylated alcohols such as ethylhexyl ethoxylated alcohol containing 1-14 moles of ethylene oxide, and ethylene oxide/propylene oxide block polymers of formula (III) is expressly suggested by the Konya et al disclosure and therefore is an obvious formulation.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Park et al, U.S. Patent No. 12,454,659, discloses a detergent composition comprising 10-30% by weight of octylphenol ethoxylate, 0.1-5% by weight of 2-ethylhexyl alcohol ethoxylate, 0.1-5% by weight of ethylene oxide-propylene oxide block copolymer, and water to balance (see abstract).
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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN P MRUK/
Primary Examiner, Art Unit 1761
Brian P Mruk
September 28, 2026
