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 .
DETAILED ACTION
Claims 1-14 and 16-19 are pending. Claim 15 has been canceled. Note that, Applicant’s amendment and arguments filed October 10, 2025, have been entered.
Objections/Rejections Withdrawn
The following objections/rejections as set forth in the Office action mailed 10/10/25 have been withdrawn:
The rejection of claims 1-14 and 16-18 under 35 U.S.C. 103 as being unpatentable over Denny et al (US 10,221,380) in view of Uitenbroek et al (US 7,947,644); and Bulgarelli et al (US11,382,845); Barros et al (US2022/0119743), Denutte et al (US 2020/0131450), Das et al (US 2015/0374594), and Beihoffer et al (US 2008/0152894
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-14 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Denny et al (US 10,221,380) in view of Uitenbroek et al (US 7,947,644); Bulgarelli et al (US11,382,845); Barros et al (US2022/0119743), Denutte et al (US 2020/0131450), Das et al (US 2015/0374594), and Beihoffer et al (US 2008/0152894); and WO2009/063357.
With respect to independent, instant claim 1, Denny et al teach a dryer-activated product having a plurality of discrete dryer sheets having a non-woven fibrous substrate, each dryer sheet having at least a first portion, a second portion, and a frangible boundary between the first portion and the second portion, and each of the first portion and the second portion having at least about 0.35 grams of a fabric conditioning active composition. See Abstract. In operation, any of the fabric conditioning active composition, perfume, optional ingredients, or combinations thereof, may be incorporated into or onto the substrate thereby forming a dryer sheet. When the substrate is placed inside the automatic laundry drying machine along with articles of clothing, and the automatic laundry drying machine is turned on, the rubbing of the dryer sheet with the fabric caused by the rotation of the drum causes the fabric conditioning active composition, perfume, optional ingredients, or combinations thereof, to be transferred from the substrate onto the fabric. See column 4. In an embodiment, the fabric conditioning active is a cationic nitrogen-containing compound such as a quaternary ammonium compound having one or two straight-chain organic groups of at least 8 carbon atoms; preferably one or two such groups of from 12 to 22 carbon atoms and, alternatively ester and/or amide linked. Specific non-limiting examples of conditioning actives include the following: Di Tallow, Di Methyl Ammonium Methyl Sulfate, N,N-di(oleyl-oxy-ethyl)-N,N-dimethyl ammonium chloride, N,N-di(canolyl-oxy-ethyl)-N,N-dimethyl ammonium chloride, N,N-di(oleyl-oxy-ethyl)-N-methyl, N-(2-hydroxyethyl) ammonium methyl sulfate, N,N-di(canolyl-oxy-ethyl)-N-methyl, N-(2-hydroxyethyl) ammonium methyl sulfate, etc. The perfume ingredients of the present invention are the conventional ingredients known to one skilled in the art. The perfume ingredients of the present invention may be incorporated into the dryer sheet as an unencapsulated free perfume oil, or neat perfume. The perfume ingredients of the present invention may be incorporated into the dryer sheet as a perfume encapsulated into a microcapsule to form a perfume microcapsule, or encapsulated perfume. The dryer sheet may comprise additional optional ingredients. As used herein, an optional ingredient means any material that performs a function or delivers a benefit, such as modifying the physical or chemical properties of the treated material (e.g., fabric).
Suitable optional ingredients may include, but are not limited to: perfumes, softening agents, soil release agents, anti-static agents, crisping agents, water/stain repellents, stain release agents, refreshing agents, disinfecting agents, wrinkle resistant agents, wrinkle release agents, odor resistance agents, malodor control agents, abrasion resistance and protection agents, solvents, insect/pet repellents, wetting agents, chlorine scavenging agents, optical brighteners, UV protection agents, skin/fabric conditioning agents, skin/fabric nurturing agents, skin/fabric hydrating agents, color protection agents, dye fixatives, dye transfer inhibiting agents, silicones, preservatives and anti-microbials, fungicides, fabric shrinkage-reducing agents, brighteners, hueing dyes, bleaches, chelants, antifoams, anti-scum agents, whitening agents, catalysts, cyclodextrin, zeolite, petrolatum, glycerin, triglycerides, vitamins, other skin care actives such as aloe vera, chamomile, shea butter and the like, mineral oils, and combinations thereof. In an embodiment, the dryer sheet may comprise one or more optional ingredients as unencapsulated ingredients. In an embodiment, the dryer sheet may comprise one or more optional ingredients wherein the optional ingredients may be encapsulated in microcapsules. In an embodiment, the dryer sheet may comprise odor control agents (such as cyclodextrin, metal salts, and zeolites), wrinkle control agents, antimicrobial agents, fungicides, preservatives, insect repellents, or combinations thereof. See columns 6-9. The dryer sheet may be folded. Folding enables the dryer sheet to take up less planar space in a consumer's storage area. The dryer sheet may be folded along a first fold line to have a c-fold. The dryer sheet may be folded along a second fold line substantially parallel to the first fold lineto have a z-fold . The dryer sheet may be folded along a second fold line not substantially parallel to the first fold line. In operation, a z-fold is comprised of two c-folds, as shown in FIG. 3. In an embodiment, each c-fold is along a portion of the dryer sheet. The dryer sheet may be folded along a third fold line substantially perpendicular to the first fold line to have a c-fold. The dryer sheet may be folded along a third fold line substantially perpendicular to the second fold line. In an embodiment, the dryer sheet may be folded in half along a third fold line substantially perpendicular to the first fold line to have a c-fold. See column 10.
Denny et al do not teach a configuration wherein the antibacterial agent (i.e., perfume) is arranged in plurality of evenly spaced deposits coupled to the substrate, a specific non-woven material such as cotton, a specific biodegradable antibacterial component, or a dryer sheet containing a substrate comprising a biodegradable fabric; a fabric softening agent being coupled to the substrate, the fabric softening agent being biodegradable, an antibacterial agent being coupled to the substrate and biodegradable, wherein the antibacterial agent (i.e., perfume) is arranged in plurality of evenly spaced deposits coupled to the substrate, and the other requisite components of the composition in the specific amounts as recited by independent, instant claim 1 and the respective dependent claims.
Uitenbroek et al teach a dryer sheet that includes a nonwoven substrate and a fabric conditioning agent loaded onto the nonwoven substrate. The nonwoven substrate can be formed from a mixture of natural fiber and regenerated cellulose fiber. The substrate can include a sufficient amount of regenerated cellulose fiber to provide the nonwoven substrate with desired cloth or hand feel characteristics, and to provide the nonwoven substrate with desired porosity. Natural fiber refers to fiber formed from plants or animals. Natural fibers are not fibers that are formed as a result of extrusion or spinning. The natural fibers can be obtained from a source of fiber using techniques such as chemical pulping, chemical mechanical pulping, semi chemical pulping, or mechanical pulping. Natural fibers from plants are often referred to as cellulosic fibers.
Exemplary natural fibers that can be used to form the nonwoven substrate include wood fibers and non-wood natural fibers such as vegetable fibers, cotton, various straws (e.g., wheat, rye, and others), various canes (e.g., bagasse and kenaf), silk, animal fiber (e.g., wool), grasses (e.g., bamboo, etc.), hemp, corn stalks, abaca, etc. See columns 2 and 3.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to make the dryer sheet as taught by Denny et al out of cotton or bamboo fibers, with a reasonable expectation of success, because Uitenbroek et al teach a similar dryer sheet made of cotton or bamboo and further, Denny et al teach the use of non-woven materials for the dryer sheet in general.
Bulgarelli et al teach core-shell microcapsules comprising a hydrophobic core surrounded by a shell comprising a thermosetting resin comprising moieties derived from polyisocyanates, substantially unprotonated chitosan and another amine different from chitosan, characterized in that the substantially unprotonated chitosan is delivered in the solid, powder form to the locus of the encapsulation reaction. See Abstract. The core-shell microcapsules comprise a core containing a functional ingredient, in particular a perfume and/or a cosmetic ingredient. See column 2. Suitable cosmetic ingredients include echinacea oil, wormwood oil, etc. See column 12, lines 1-40. The microcapsules may be used in various compositions such as those for treating fabrics, skin, etc. See column 14, lines 25-45.
Barros et al teach laundry care additive particles and a dryer sheet that include a water soluble carrier and capsules characterized by substantially inorganic shells, for example silica-based shells. See Abstract. The core of the particles may be a perfume such as clary sage essential oil, juniper berry oil, wormwood oil, etc. See paras. 72-77.
Denutte et al teach perfume delivery systems and consumer products comprising a novel organoleptic compound and or perfume delivery systems having the novel organoleptic compound, as well as methods for using such perfume delivery systems and consumer products. See Abstract. Suitable fragrances include acacia, etc. See para. 69. The use of the organoleptic compounds of the present invention is widely applicable in current consumer products, including personal care products such as soaps, shower gels, and hair care products, fabric care products, air fresheners, and cosmetic preparations. The present invention can also be used with cleaning agents, such as, but not limited to detergents, dishwashing materials, scrubbing compositions, window cleaners and the like. See para. 74.
Das et al teach personal care compositions, comprising an anionic surfactant, and a polyurea shell encapsulating a hydrophobic active, wherein the polyurea shell has at least one covalently attached cationic polymer, selected from the group consisting of quaternary amines and cationic biopolymers. See Abstract. Suitable hydrophobic personal care actives are selected from the group consisting of a fragrance, a vitamin, an extract, or a therapeutic active. See para. 5. Extracts include anti-microbial agents such as goldenseal, etc. See para. 13.
Beihoffer et al teach an article of manufacture containing polymeric microparticles, optionally loaded with an active agent, impregnated into a porous substrate. See Abstract. Suitable articles of manufacture are a wipe product, a garment, a cloth, a glove, a bed sheet, a sheet of a diaper, an applicator, a cloth towel, a linen, a napkin, a paper towel or sheet, or similar sheet-like articles comprising a substrate. See para. 22. Topically active compounds can be used such as extracts including goldenseal, juniper, sage leaf, etc. See para. 70.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use a fragrance such as juniper, sage, acacia, echinacea, and/or wormwood in the dryer sheet taught by Denny et al, with a reasonable expectation of success, because Bulgarelli et al, Barros et al, and/or Denutte et al teach the use of juniper, sage, acacia, echinacea, and/or wormwood in a variety of compositions for treating a variety of surfaces and further, Denny et al teach use of perfumes/fragrances in general.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use goldenseal in the dryer sheet taught by Denny et al, with a reasonable expectation of success, because Das et al or Beihoffer et al teach the use of goldenseal as an antimicrobial agent/skin treatment extract in variety of compositions for treating a variety of surfaces and further, Denny et al teach the use of a wide variety of additional components such as disinfecting agents, skin treating agents, etc.
‘357 teaches a package for storing a dryer sheet comprising: a carton comprising a top panel defining at least one window; and at least one dryer sheet comprising a perfume technology comprising at least one perfume microcapsule, wherein said at least one dryer sheet comprises an indicia of freshness, and wherein said at least one dryer sheet is located within the interior of said carton such that said indicia of freshness is visible through said at least one window. See page 2. In one embodiment, the indicia of freshness is in the form of printed designs or patterns upon the dryer sheet. Suitable designs and or patterns include a variety of shapes comprising dots, bubbles, circular shapes, triangles, squares, stars, flowers, lines, crescents, hearts, letters,
numbers and combinations thereof. The type of shape can be selected to convey the scent experience which is designed from the given type of dryer sheet provided. For example, where the dryer sheet comprises a perfume technology comprising at least one perfume microcapsule the indicia of freshness can be a plurality of dots, bubbles or other circular shapes. Where the dryer sheet further comprises a floral scent, the indicia of freshness can comprise flower or petal shapes. See page 14.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the dryer sheet as taught by Denny et al such that the antibacterial agent or perfume is in a plurality of evenly spaced deposits coupled to the substrate, with a reasonable expectation of success, because ‘357 teaches and/or suggests a similar dry sheet in which a variety of components are configured such that the antibacterial agent or perfume is arranged in plurality of evenly spaced deposits coupled to the substrate and further, such a configuration would be desirable in the dryer sheet taught by Denny et al from the perspective of aesthetically pleasing to the consumer or a design choice in formulating the dryer sheet.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to formulate a dryer sheet containing a substrate comprising a biodegradable fabric; a fabric softening agent being coupled to the substrate, the fabric softening agent being biodegradable, an antibacterial agent being coupled to the substrate and biodegradable, wherein the antibacterial agent (i.e., perfume) is arranged in plurality of evenly spaced deposits coupled to the substrate, and the other requisite components of the composition in the specific amounts as recited by independent, instant claim 1 and the respective dependent claims, with a reasonable expectation of success and similar results with respect to other disclosed components, because the broad teachings of Denny et al in view of Uitenbroek et al; Bulgarelli et al, Barros et al, Denutte et al, Das et al, and Beihoffer et al; and ‘357 suggest a dryer sheet containing a substrate comprising a biodegradable fabric; a fabric softening agent being coupled to the substrate, the fabric softening agent being biodegradable, an antibacterial agent being coupled to the substrate and biodegradable, wherein the antibacterial agent (i.e., perfume) is arranged in plurality of evenly spaced deposits coupled to the substrate, and the other requisite components of the composition in the specific amounts as recited by independent, instant claim 1 and the respective dependent claims.
Response to Arguments
With respect to the rejection of the instant claims under 35 USC 103 using Denny et al (US 10,221,380) in view of Uitenbroek et al (US 7,947,644); Bulgarelli et al (US11,382,845); Barros et al (US2022/0119743), Denutte et al (US 2020/0131450), Das et al (US 2015/0374594), and Beihoffer et al (US 2008/0152894); and WO2009/063357, Applicant states that the while the instant claims require a plurality of evenly spaced deposits of antibacterial agent coupled to the substrate, ‘357 teaches the use of decorative indicia, or that the indicia may be a plurality of bubbles, dots, or other circular shapes, wherein this does not disclose, teach, suggest, or contemplate even spacing. Additionally, Applicant states that even spacing appears to be an unsupported assumption as the teaching of ‘357.
In response, note that, the Examiner asserts that ‘357 is analogous prior art relative to the claimed invention and Denny et al and that one of ordinary skill in the art clearly would have looked to the teachings of ‘357 to cure the deficiencies of Denny et al. ‘357 is a secondary reference relied upon for its teaching of a configuration wherein the antibacterial agent (i.e., perfume) is arranged in plurality of evenly spaced deposits coupled to the substrate. As set forth above, ‘357 clearly teaches a wide array and variety of configurations in which the antibacterial agent (i.e., perfume) is deposited on the substrate in different shapes and patterns which would suggest patterns in which the antibacterial agent is evenly spaced and deposited on the substrate as recited by the instant claims (See page 14 of ‘357). In other words, the Examiner asserts that one of ordinary skill in the art would be motivated, from the teachings of ‘357, to formulate an article in which the antibacterial agent (i.e., perfume) is arranged in plurality of evenly spaced deposits coupled to the substrate, since ‘357 clearly suggests a wide variety of configurations and patterns suitable for the perfume ingredient and evenly spaced would be a design choice for one of ordinary skill in the art. See KSR, 550 U.S. at 418 (in making an obviousness determination, one “can take account of the inferences and creative steps that a person of ordinary skill in the art would employ”). Obviousness does not require certainty of success; it requires only a reasonable expectation of success. PAR Pharm., Inc. v. TWE Pharm., Inc., 773 F.3d 1186, 1198 (Fed. Cir. 2014) (“The reasonable expectation of success requirement for obviousness does not necessitate an absolute certainty for success.”). The evidence of record weighs in favor of the Examiner’s determination that the invention is nothing more than the predictable result of a combination of familiar elements according to known methods. See Tokai Corp. v. Easton Enters., Inc., 632 F.3ed 1358, 1371 (Fed. Cir. 2011) (“A strong case of prima facie obviousness…cannot be overcome by a far weaker showing of objective indicia of nonobviousness.”); KSR Int’l. Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007) (explaining that a prima facie case of obviousness is established where an Examiner demonstrates that the invention is nothing more than the predictable result of a combination of familiar elements according to known methods); cf. In re Farrenkopf, 713 F.2d 714, 718 (Fed. Cir. 1983). In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). See MPEP 2144.04B.
The Examiner asserts that one of ordinary skill in the art clearly would have been motivated to configure the dryer sheet as taught by Denny et al such that the wherein the antibacterial agent or perfume is in a plurality of evenly spaced deposits coupled to the substrate, with a reasonable expectation of success, because ‘357 teaches and/or suggests a similar dry sheet in which a variety of components are configured such that the antibacterial agent or perfume is arranged in plurality of evenly spaced deposits coupled to the substrate and further, such a configuration would be desirable in the dryer sheet taught by Denny et al from the perspective of aesthetically pleasing to the consumer or a design choice in formulating the dryer sheet. Note that, Applicant has provided no data showing the criticality with respect to any particular configuration of the antibacterial agent as recited by the instant claims. Thus, the Examiner asserts that the teachings of Denny et al (US 10,221,380) in view of Uitenbroek et al (US 7,947,644); Bulgarelli et al (US11,382,845); Barros et al (US2022/0119743), Denutte et al (US 2020/0131450), Das et al (US 2015/0374594), and Beihoffer et al (US 2008/0152894); and WO2009/063357, are sufficient to render the claimed invention obvious under 35 USC 103.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY R DEL COTTO whose telephone number is (571)272-1312. The examiner can normally be reached M-F, 8:30am-6:00pm, EST.
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/GREGORY R DELCOTTO/Primary Examiner, Art Unit 1761
/G.R.D/January 14, 2026