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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/06/2026 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 4, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Lei et al. (US 2018/0208488A1), in view of Iwanski (US 4692335).
Regarding claim 1, Lei teaches a water treatment tablet comprising:
calcium hypochlorite (Refer paragraph [0017]);
lime, in an amount which results in the tablet having a total lime content from about 10.0% to about 19.0% of the total weight of the tablet (paragraph [0017] discloses greater than 10% by weight, [0023] discloses 10 to 20% by weight);
20% to 35% hydrated magnesium sulfate (refer [0023]);
water content of 18% - 24% (refer [0024]); and that the composition is not a division 5.1 oxidizing solid (refer [0017]).
Lei discloses (Refer [0027]) that “the shaped article has a slow dissolution rate such that the shaped article (e.g., a tablet) dissolves in a range of 3 to 14 days”. The range of 3 to 14 days overlap the claimed range of 7 to 9 days. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Lei teaches that the tablet has a weight in a range of 1 to 500 grams (refer [0027]). The claimed weight of 200 grams to 500 grams lie inside the range disclosed by Lei. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Selecting weight of the table would have been an obvious matter of choice to one of ordinary skill in the art. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
In example 2, Lei discloses tablets having density of about 1.65 g/ml (refer [0067]). Lei does not disclose that the density of the tablet is from about 1.75 g/ml to 1.85 g/ml.
Iwanski teaches a table comprising calcium hypochlorite and lime, and discloses that the tablet has a density of 1.8-2.2 g/cc. Iwanski also discloses that denser the compacted article, the slower the dissolution of the article (refer abstract, col. 2 – lines 6-32, col. 3 – lines 14-19, col. 3 – lines 51-55).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to provide the tablet of Lei having density in a range of 1.75 g/ml to 1.85 g/ml to provide desired dissolvability as taught by Iwanski. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
The combination of Lei and Iwanski teaches the water treatment table having the claimed composition as indicated above. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). Also refer "Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. Id.
Regarding claim 4, Lei further teaches that the tablet comprises 20% to 35% hydrated magnesium sulfate (refer [0023]).
Regarding claim 5, Lei teaches that the tablet has a cylindrical shape (refer [0041]).
Claim(s) 1, 4, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Lei et al. (US 2018/0208488A1), in view of Iwanski (US 4692335), and Hani et al. (US 2016/0330972A1).
Regarding claim 1, Lei teaches a water treatment tablet comprising:
calcium hypochlorite (Refer paragraph [0017]);
lime, in an amount which results in the tablet having a total lime content from about 10.0% to about 19.0% of the total weight of the tablet (paragraph [0017] discloses greater than 10% by weight, [0023] discloses 10 to 20% by weight);
20% to 35% hydrated magnesium sulfate (refer [0023]);
water content of 18% - 24% (refer [0024]); and that the composition is not a division 5.1 oxidizing solid (refer [0017]).
Lei teaches that the tablet has a weight in a range of 1 to 500 grams (refer [0027]). The claimed weight of 200 grams to 500 grams lie inside the range disclosed by Lei. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Selecting weight of the table would have been an obvious matter of choice to one of ordinary skill in the art. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
In example 2, Lei discloses tablets having density of about 1.65 g/ml (refer [0067]). Lei does not disclose that the density of the tablet is from about 1.75 g/ml to 1.85 g/ml.
Iwanski teaches a table comprising calcium hypochlorite and lime, and discloses that the tablet has a density of 1.8-2.2 g/cc. Iwanski also discloses that denser the compacted article, the slower the dissolution of the article (refer abstract, col. 2 – lines 6-32, col. 3 – lines 14-19, col. 3 – lines 51-55).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to provide the tablet of Lei having density in a range of 1.75 g/ml to 1.85 g/ml to provide desired dissolvability as taught by Iwanski. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Hani discloses that forming shaped article from a composition containing a blend containing calcium hypochlorite and greater than 10% lime, based on the total weight of the shaped article, the dissolution rate of the shaped article can be matched to that of trichloroisocyanuric acid, without the by-product cyanuric acid being released to the water being treated, and that the shaped article will also maintain structural integrity during dissolution in the use environment (refer [0008]). Hani also discloses that increasing the amount of lime in the shaped article will increase the time that shaped article will release chlorine to treat the aqueous environment (Refer [0026]). Hani further discloses that “The shaped articles of the present invention will dissolve and are typically designed to dissolve in 3 to 14 days, more typically 3-7 days, when used in swimming pools, spas and the like, but can be designed to dissolve in 28-35 day, in the case of a toilet sanitizer. It should be keep in mind that various factors affect the dissolution rate of the shaped articles, including flow rate of water over the shaped article, temperature of the water and the like. The dissolution rate may be adjusted by the amount of lime added to the calcium hypochlorite.” (Refer [0032]). Therefore, Hani establishes that amount of lime in the tablet composition is a result effective variable for dissolution of the tablet in water. It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to adjust lime content in the table of modified Lei to provide a tablet having dissolution period of 7 to 9 days to release chlorine over period of 7 to 9 days as desired.
The combination of Lei, Iwanski and Hani teaches the water treatment table having the claimed composition as indicated above. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). Also refer "Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. Id.
Regarding claim 4, Lei further teaches that the tablet comprises 20% to 35% hydrated magnesium sulfate (refer [0023]).
Regarding claim 5, Lei teaches that the tablet has a cylindrical shape (refer [0041]).
Response to Arguments
Applicant's arguments filed 07/06/2026 have been fully considered but they are not persuasive.
Regarding rejection of claim 1 under 35 USC 103 as being unpatentable over Lei et al. (US 2018/0208488A1), in view of Iwanski (US 4692335), applicant argued:
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This is not found to be persuasive because dissolution of a tablet is going to be different for tablet placed in a static water tank vs placed in a constant flow of water (for example in a pipeline). Also refer [0014] of Lei disclosing “Plastic sleeves were positioned around the tablet to slow down the dissolving rate of calcium hypochlorite tablets. When placed around the tablets, the tablets last longer, thus providing convenience in chlorinating swimming pools and other applications” clearly indicating that surrounding conditions impact dissolution of the tablet.
Applicant further argued:
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This is not found to be persuasive because combination of Lei and Iwanski teaches the claimed composition including overlapping ranges of the contents of the composition. Lei (the primary reference) teaches (refer [0027]) that “the shaped article has a slow dissolution rate such that the shaped article (e.g., a tablet) dissolves in a range of 3 to 14 days”. The range of 3 to 14 days overlap the claimed range of 7 to 9 days. Lei lacked teaching of the claimed density which is taught by Iwanski. In addition, Iwanski discloses that “The compacted article preferably has a density of from about 1.6-2.3 grams per cubic centimeter (g/cc), e.g., 1.8-2.2 g/cc, more preferably about 2 g/cc. Generally, the denser the compacted article, the slower the dissolution of the article. Solid articles of compressed granular calcium hypochlorite prepared in accordance with the present invention will dissolve slowly over a period of between about 4 and 6 or 7 days, depending on the ultimate mass of the article and the amount of binder used, when placed in a conventional skimmer used in association with swimming pools and contacted with circulating pool water. The slow dissolution of the aforesaid article thereby provides a source of available chlorine for disinfecting and sanitizing the pool water over the period of time required to dissolve substantially all of the calcium hypochlorite in the article, e.g., a tablet. In a preferred embodiment, the solid article is prepared in a manner such that at least 10 weight percent of the original compressed calcium hypochlorite will remain after about 6 days of such use” (Refer C3/L51-C4/L3) which provides motivation to one of ordinary skill in the art to adjust the density to be in claimed range.
Conclusion
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/PRANAV N PATEL/Primary Examiner, Art Unit 1779
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