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 .
Election/Restrictions
Applicant’s election of Group I, the antimicrobial releasing agent, with Species 2 (polysulfonic acid) in the reply filed on 27 February 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim 1, 3, 7, 11-18, and 21-41 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 27 February 2026.
Claim Rejections - 35 USC § 103
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 2, 4, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kross et al. (EP 0287074, hereinafter referred to a “Kross”).
As to Claim 2: Kross teaches a disinfecting composition comprising two gels and the second gel comprises a metal chlorite and polysulfonic acid (Abstract). Kross further teaches that the gel can further include a water-soluble chloride which may facilitate the formation of chlorine dioxide (Pg. 9, Lines 3-6).
Kross does not explicitly teach an example wherein the carrier material has a pH below 3.5.
However, Kross teaches that when the two gels are combined the pH should be from 2.2 to about 7 (Pg. 9, Lines 47-57). At the time of filing, it would have been obvious to a person having ordinary skill in the art to use a pH of less than 3.5 because Kross teaches that this is an acceptable pH range for the composition to generate chlorine dioxide (Pg. 8, Lines 45-57).
As to Claim 4: Kross renders obvious the antimicrobial releasing agent of claim 2 (supra).
Kross does not explicitly teach an example wherein the carrier material has a pH of 1.4 to 3.1.
However, Kross teaches that when the two gels are combined the pH should be from 2.2 to about 7 (Pg. 9, Lines 47-57). At the time of filing, it would have been obvious to a person having ordinary skill in the art to use a pH of 2.2-3.1 because Kross teaches that this is an acceptable pH range for the composition to generate chlorine dioxide (Pg. 8, Lines 45-57).
As to Claims 8 and 9: Kross renders obvious the antimicrobial agent of claim 2 (supra). Kross further teaches that the metal chlorite are preferably sodium chlorite or potassium chlorite (Pg. 9, Lines 10-15).
As to Claim 10: Kross renders obvious the antimicrobial agent of claim 2 (supra). Kross further teaches that an exemplary chloride compound for increasing the rate of chlorine dioxide gas is sodium chloride (Pg. 9, Lines 3-6; Pg 13, Lines 30-33).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J OYER whose telephone number is (571)270-0347. The examiner can normally be reached 9AM-6PM EST M-F.
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/Andrew J. Oyer/Primary Examiner, Art Unit 1767
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