Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1-27-2026 has been entered.
Election/Restrictions
Applicant’s election of claims 19-29 in the reply filed on 4-20-2026 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)). Claims 30-38 are therefore withdrawn.
Claim Interpretation
The examiner interprets the claimed invention as a method of making cl. 1-7; method of manufacturing cl. 8-12 and product formed 13-16. The claims are interpreted as a cartridge of tablets having a longitudal center line with axial partitions with a plurality of tablets adjoined. The tablet(s) have a payload or ingredient(s) coated and comprised within each compressed tablet for a variety of usages. Manufacturing said tablet(s) by compression and modules of like shapes with ingredients leads to the product claimed.
Claim Rejections - 35 USC § 103
Claim(s) 19-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hopkins (9580896) in view of EP (1915988) and further in view of Ambrosen et al (8,697,621).
Hopkins discloses An object of the invention is to provide an apparatus for the controlled release of an active agent into an aqueous system for a prolonged duration of time. Controlled release refers to the ability to deliver a specified amount or rate of active agent to an aqueous system of use by providing an apparatus that regulates the dissolution profile of the active agent (col. 5, lines 30-38). In some embodiments, the diameter or cross-sectional area of the container opening approximates the diameter or cross-sectional area of the tablet. In some embodiments, the diameter or cross-sectional area of the container opening is larger than the diameter or cross-sectional area of the active agent. The active agent is formed into a tablet structure or plurality of tablet structures having an elongated axis and the active agent is formed into an elongated tablet structure or a plurality of tablets arranged to create a structure having an elongated axis, said tablet structure having a constant cross-sectional area along the length of the elongated axis (col. 7, lines 40-54). In one example, at least two cylindrical active agent tablets are stacked end-to-end to form an elongated cylindrical structure and disposed within a container comprising a reservoir, the reservoir having an elongated axis and a polymeric layer for covering the surface of an active agent along an elongated axis (col. 8, lines 17-22). See also figures 1, 4, 12 and 14. The embodiment describing a cylindrically shaped active agent may be generalized to refer to any shape of active agent having a uniform or relatively uniform cross-sectional area in any given direction along an axis of the active agent. Specific shapes may be manufactured as the active agent, contained in a powdered form, is compressed into tablets. The tablets may be combined or stacked together to form an elongated shape or may be manufactured as the desired shape. The stacked configuration allows the use of tablets containing unique active agents thereby enabling the ordered and sequential delivery of various active agents to an aqueous system depending on the requirements for active agent delivery and the order or arrangement of tablets (col. 9, lines 17-29).
Hopkins discloses axial traverse segments of tables (figure 14); however, center radial partitions are not disclosed nor is the method of coating,
EP ‘988 disclose a multilayered tablet having segmented regions (0018) and specifically, with ingredients sustained to rapidly dissolve said tablet (0022 and 0047). The manufacturing of said tablet within EP ‘988 requires a quadrant shaped tablet having cross sectional lines and a radial center connecting section b (figure 21 and 22; 0057) and wherein a mixtures of granules and rapidly dissolving ingredients (0068). See examples 1, 2, 4 and 6 for process of making coated tablets with granular compression and punched tip with coating machine, atomizing (0079-0081) and spatial segmenting tablets therein.
It would have been obvious to the skilled artisan to comprise the staked multi-tableted delivery system of Hopkins with traverse segments and center radial partitions given the teachings of EP ‘988 which discloses well known tablets having quadrant shapes that are atomized coated and spatially segmented with center radial partitions. Given that Hopkins broadly employs cylindrically shaped active agent may be generalized to refer to any shape of active agent having a uniform or relatively uniform cross-sectional area in any given direction along an axis of the active agent (col. 9, lines 17-29), one skilled would have been motivated to design said tablet with the expectation of design choice or further rapidly dissolution, which is motivation of Hopkins and EP ‘988, absent a showing to the contrary.
With respect to the teachings of specific effervescent materials, Ambrosen et al teach materials may be selected from appropriate materials which effervesce on contact with water. In one aspect the first effervescent material comprises at least sodium bicarbonate and citric acid. These materials are present in any suitable amounts to achieve effervescence (col. 3¸lines 61-67). One skilled in the art is able to combine these materials to provide the desired rate of effervescence as suggested by EP ‘988 and Hopkins for their intended purpose.
As stated in KSR Int'l Co., v. Teleflex, Inc., 550 U.S. 398, 418 (2007):
"[A]nalysis [of whether the subject matter of a claimwould have been prima facie obvious] need not seek out preciseteachings directed to the specific subject matter of thechallenged claim, for a court can take account of the inferencesand creative steps that a person of ordinary skill in the artwould employ."
The public use of an ornamental design which is directed toward generating consumer interest in the aesthetics of the design is not an experimental use. In re Mann, 861 F.2d 1581, 8 USPQ2d 2030 (Fed. Cir. 1988)
Claim Rejections - 35 USC § 103
Claim(s) 19-25 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glenn, Jr. et al 20110195098.
Glenn, Jr. et al disclose a personal care compositions, especially those personal care compositions in the form of a personal care article that is a porous dissolvable solid substrate. The porous dissolvable solid substrate has a surface resident coating comprising a water sensitive active that can deliver a consumer benefit (abstract). Furthermore, the porous dissolvable solid substrate comprises a surfactant, a water-soluble polymer, and a plasticizer. The porous dissolvable solid substrate can be prepared such that it can be conveniently and quickly dissolved in the palm of the consumer resulting in a liquid personal care composition. Once dissolved, this personal care composition can be used in a manner similar to conventional liquid personal care compositions, i.e. applied to the scalp and/or hair. The porous dissolvable solid substrate has a maximum Cell Wall Thickness. The porous dissolvable solid substrate has a Cell Wall Thickness of from about from about 0.02 mm to about 0.15 mm, in one embodiment from about 0.025 mm to about 0.12 mm, in another embodiment from about 0.03 mm to about 0.09 mm, and in still another embodiment from about 0.035 mm to about 0.06 mm (0024). In one embodiment, the porous dissolvable solid substrate of present invention is a flat, flexible substrate in the form of a pad, a strip or tape and having a thickness of from about 0.5 mm to about 10 mm, in one embodiment from about 1 mm to about 9 mm, in another embodiment from about 2 mm to about 8 mm, and in a further embodiment from about 3 mm to about 7 mm as measured by the below methodology. In another embodiment, the porous dissolvable solid substrate of the present invention can also take the form of a dissolvable fibrous web structure (0025). Moreover, the porous dissolvable solid substrates of the present invention may be lathering or non-lathering under consumer relevant usage instructions. The porous dissolvable substrates include at least one surfactant as a processing aid to generate a stable foam solid prior to drying (solidification) and in the case of a lathering substrate the surfactant may also serve dual functions as a foaming and/or cleansing agent (0026). In addition, the surface resident coating of the present invention comprises one or more water sensitive actives, including, but not limited to, actives that on their own are chemically unstable within an aqueous environment or that are chemically unstable in combination with other actives within an aqueous environment (0065). The compositions of the present invention may further comprise in an embodiment at least one source of peroxymonocarbonate ions, preferably formed in situ from a source of hydrogen peroxide and a carbonate ion source (0077); chelants in an amount sufficient to reduce the amount of metals available to interact with formulation components, particularly oxidizing agents, more particularly peroxides (0081); and pH modifier and/or buffering agent in an amount that is sufficiently effective to adjust the pH of the composition to fall within a range from about 3 to about 13, in some embodiments from about 8 to about 12, and even from about 8 to about 11. In some embodiments, the pH range for the carbonate ion source as described herein below is from 8.5 to 9.5, preferably from 8 to 9 (0075).
Glenn, Jr. et al do not rise to the level of anticipation due to specific specificity, however, the teachings would have nonetheless been obvious to the skilled artisan to produce the claimed solid product composition, as the reference teaches each of the claimed ingredients within the claimed proportions for the same utility.
As stated in KSR Int'l Co., v. Teleflex, Inc., 550 U.S. 398, 418 (2007):
"[A]nalysis [of whether the subject matter of a claimwould have been prima facie obvious] need not seek out preciseteachings directed to the specific subject matter of thechallenged claim, for a court can take account of the inferencesand creative steps that a person of ordinary skill in the artwould employ."
Response to Arguments
Applicant's arguments filed 1-27-2026 have been fully considered but they are not persuasive.
Applicant argues US 9,580,896 B2 is designed an apparatus for releasing an active agent (typically an antimicrobial chemical) into water-based systems—such as toilet tanks—in a controlled and prolonged manner. The design ensures that a constant, steady quantity of active agent is dispensed over time, regardless of changing surface area—maintaining a reliable antimicrobial concentration. The prolong time may last more than approximately 4 months or even a year and further does not comprise any scaffolding and effervescent material.
The examiner contends that applicant’s claims are read in their broadest and most reasonable interpretation in light of the specification but limitations from the specification are not read into the claims. Hopkins teaches a controlled release of ingredients that are dissolvable i.e., releasing into a water based system. Furthermore, EP ‘988 and more specifically, Ambrosen teach the use of bicarbonate and citric acids as specific to further dissolve said apparatus or tablet to be dispersed into said water system.
Applicant’s scaffolding argument is not persuasive given that the term “scaffolding” is defined as a temporary platform and the prior art from Hopkins and EP ‘988 both disclose temporary platforms that are dissolved into water systems and therefore read on applicant’s broadly defined limitation.
The reason or motivation to modify the reference may often suggest what the inventor has done, but for a different purpose or to solve a different problem. It is not necessary that the prior art suggest the combination to achieve the same advantage or result discovered by applicant. See, e.g., In re Kahn, 441 F.3d 977, 987, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006)
Motivation question arises in the context of the general problem confronting the inventor rather than the specific problem solved by the invention; Cross Med. Prods.,Inc. v. Medtronic Sofamor Danek, Inc., 424 F.3d 1293, 1323, 76 USPQ2d 1662, 1685 (Fed. Cir. 2005) (“One of ordinary skill in the art need not see the identical problem addressed in a prior art reference to be motivated to apply its teachings.”); In re Linter, 458 F.2d 1013, 173 USPQ 560 (CCPA 1972); In re Dillon, 919 F.2d 688, 16 USPQ2d 1897 (Fed. Cir. 1990), cert. denied, 500 U.S. 904 (1991)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NECHOLUS OGDEN JR whose telephone number is (571)272-1322. The examiner can normally be reached 8-4:30 EST M-F.
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/NECHOLUS OGDEN JR/Primary Examiner, Art Unit 1761
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