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 .
This action is responsive to applicants’ response received January 16, 2026. Claims 1, 2, 4-9, and 11-18 are currently pending.
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 1, 2, 4-9, and 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Batal et al, US 5,047,163.
Batal et al teach a bleaching composition for removing stains from cotton cloths comprising sulfonimine/TAED/perborate (col. 17, example 20) in powder or tablet form (claim 30). The composition comprises up to 60% peroxygen compound which may be a percarbonate (claims 1 and 3), 0.05 to 10% sulfonamine which may be sulf-11 (claims 1 and 18), TAED bleach activator (claim 22), and further ingredients include enzymes such as protease, amylase, and lipase (col. 9, lines 55). It would have been obvious for one of ordinary skill in the art to formulate a bleaching composition comprising percarbonate, sulf-11, TAED, and protease with confidence of forming an effective bleaching composition as all of these components are taught as essential or suitable by the reference. These compositions may have a preferred pH of 10.5 (col. 14, table III) and with respect to a method of washing fabrics, persons of skill in the art and consumers alike know how a laundry washing machine process works and know what types of fabrics may be laundered.
Applicants have traversed this rejection on the grounds that the inventors are seeking synergistic activity against tough stains using a combination of percarbonate, , protease, and specific sulfonimine and this combination is not taught by the reference. The examiner accepts this assertion, but notes that the four ingredients claimed are all common and well-known in the art for laundering fabrics, as taught by the reference. With respect to the choice of a protease being given particular weight in the composition, enzymes, protease being the most common, are ubiquitous in laundry detergents. Perborates and percarbonates are far and away the most common persalts and are used interchangeably in the art. Sulf-11 may not be a common oxygen transfer agent, but it is specifically taught by the reference. It is not inventive to choose the most common ingredients known and then argue that a synergistic combination has been achieved. All claimed components are common laundry detergent ingredients and so the claimed invention is rendered obvious by Batal et al.
Claims 1, 2, 4-9, and 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Barreleiro et al, US 2018/0187130 alone or in view of Batal et al, US 5,047,163.
Barreleiro et al teach a bleach granule comprising from 2 to 12% of a sulfonimine and from 40 to 80% TAED (¶93-100), wherein this granulate is added to a dishwashing detergent with a pH of 9-11 and comprising up to 25% peroxygen compound, including percarbonates, and enzymes including protease (¶125-134). Preferred sulfonimines include sulf-11 (¶27) and so first, it would have been obvious for one of ordinary skill in the art to formulate a bleaching composition comprising percarbonate, sulf-11, TAED, and protease with confidence of forming an effective bleaching composition as all of these components are taught as essential or suitable by the reference.
Furthermore, though the granule in this example is added to a dishwashing composition, the reference contemplates adding these granules to a laundry detergent composition (¶162) and persons of skill in the art understand that laundry detergents also contain bleaching agents, bleach activators, and bleach catalysts with a pH of 9-11.
If this is not convincing on its face, Batal et al are relied upon as set forth above to demonstrate that laundry detergents having the pH claimed and containing bleaching agents, bleach activators, and bleach catalysts are known in the art and so it would have been obvious for one of ordinary skill in the art to formulate a laundry detergent according to Barreleiro et al with a pH of 9-11 and containing bleaching agents, bleach activators, and bleach catalysts as taught by Batal et al.
Again, applicants traverse on the grounds that the reference does not form their synergistic combination of components, and again the examiner points out that percarbonates and proteases are among the most common detergent ingredients known. It is not inventive to choose the most common ingredients known and then argue that a synergistic combination has been achieved.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES I BOYER whose telephone number is (571)272-1311. The examiner can normally be reached M-S 10-430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at 5712722817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES I BOYER/Primary Examiner, Art Unit 1761