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 Office Action is in response to the amendments and arguments filed March 6, 2026 wherein claims 1 and 4-32 are currently pending.
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.
Claims 1 and 4-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Provan (US 2019/0241832).
With regards to claim 1, Provan teaches an encapsulated perfume composition (abstract) wherein the shell is formed from gelatin or starch (0056) and the perfume composition contains nonanal, ethyl 2-methylbutanoate, 9-phenylethyl acetate, ethyl hexanoate, 3,7-dimethylocta-2,6-dienal, 4-allyl-2-methoxyphenol, ethyl 2-methylpentanoate, methyl 3-phenylprop-2-enoate, benzyl acetate, 3,7-dimethylocta-2,6-dien-1-yl acetate, 2-(tert butyl)cyclohexyl acetate, methyl 3-oxo-2-pentylcyclopentaneacetate, 3-methyl-5-phenylpentan-1-ol, methyl 2-hydroxybenzoate, 3,7-dimethylocta-1,6-dien-3-yl acetate, benzyl 2-hydroxybenzoate, and undecanal (0089) at a concentration of 67 parts in a composition containing 86 parts (0089) reading on 77.91%. Provan teaches the perfume composition contains nonanal, ethyl 2-methylbutanoate, 9-phenylethyl acetate, ethyl hexanoate, 3,7-dimethylocta-2,6-dienal, 4-allyl-2-methoxyphenol, ethyl 2-methylpentanoate, methyl 3-phenylprop-2-enoate, benzyl acetate, 3,7-dimethylocta-2,6-dien-1-yl acetate, 2-(tert butyl)cyclohexyl acetate, methyl 3-oxo-2-pentylcyclopentaneacetate, 3-methyl-5-phenylpentan-1-ol, methyl 2-hydroxybenzoate, 3,7-dimethylocta-1,6-dien-3-yl acetate, benzyl 2-hydroxybenzoate, and undecanal (0089). Provan teaches the perfume composition contains nonanal at a concentration of 1%, ethyl 2-methylbutanoate at a concentration of 1%, 9-phenylethyl acetate at a concentration of 1%, ethyl hexanoate at a concentration of 5%, 3,7-dimethylocta-2,6-dienal at a concentration of 5%, 4-allyl-2-methoxyphenol at a concentration of 1%, ethyl 2-methylpentanoate at a concentration of 1%, benzyl acetate at a concentration of 5%, 3,7-dimethylocta-2,6-dien-1-yl acetate at a concentration of 5%, 2-(tert butyl)cyclohexyl acetate at a concentration of 5%, methyl 3-oxo-2-pentylcyclopentaneacetate at a concentration of 5%, methyl 2-hydroxybenzoate at a concentration of 0.5%, benzyl 2-hydroxybenzoate at a concentration of 5%, and undecanal at a concentration of 0.5% (0089).
Provan is silent on the biodegradability of the composition. However, Provan teaches the shell and encapsulated compound to be as claimed, therefore, when the composition recited in the reference is substantially identical to that of the claims, the claimed properties or function are presumed inherent. MPEP 2112.01. Because the prior art exemplifies Applicant’s claimed composition in that the claimed components in the claimed amounts are used, the claimed physical properties relating to the claimed tests are inherently present in the prior art. Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art.
With regards to claim 4, Provan teaches the perfume composition contains nonanal at a concentration of 1%, ethyl 2-methylbutanoate at a concentration of 1%, 9-phenylethyl acetate at a concentration of 1%, ethyl hexanoate at a concentration of 5%, 3,7-dimethylocta-2,6-dienal at a concentration of 5%, 4-allyl-2-methoxyphenol at a concentration of 1%, ethyl 2-methylpentanoate at a concentration of 1%, benzyl acetate at a concentration of 5%, 3,7-dimethylocta-2,6-dien-1-yl acetate at a concentration of 5%, 2-(tert butyl)cyclohexyl acetate at a concentration of 5%, methyl 3-oxo-2-pentylcyclopentaneacetate at a concentration of 5%, methyl 2-hydroxybenzoate at a concentration of 0.5%, benzyl 2-hydroxybenzoate at a concentration of 5%, and undecanal at a concentration of 0.5% (0089) all reading on a concentration of greater than 0.01 wt%.
With regards to claim 5, Provan teaches the shell of the microcapsule to be made from gelatin or starch (0056).
With regards to claims 6 and 31, Provan teaches the starch material for the shell to include starch esters (0072)
With regards to claim 7, Provan teaches the shell material to include maltodextrins (0074).
With regards to claim 8, Provan teaches the addition of hemicelluloses (0171).
With regards to claim 9, Provan teaches the addition of xyloglucan (0171).
With regards to claim 10, Provan teaches the active to be fully encapsulated (abstract).
With regards to claim 11, Provan teaches the active to be fully encapsulated (abstract).
With regards to claims 12, 14, and 29, Provan teaches the amount of the perfume oil to be 3-70% (0042).
With regards to claim 13, Provan teaches the amount of the shell to be 50-90% (0058).
With regards to claim 15, Provan teaches the microcapsules to be particles (0070) reading on particulate form.
With regards to claim 16, Provan teaches the encapsulated composition to be in powder form (0002).
With regards to claims 17 and 18, Provan teaches the addition of urea (0056).
With regards to claim 19, Provan teaches the amount of the shell to be 50-90% (0002). Provan teaches the amount of perfume to be 3-70% (0345).
With regards to claims 20 and 21, Provan teaches the process of making the microcapsule to include the step of forming an emulsion containing the perfume in an aqueous external phase and causing shell-forming material to form an encapsulating polymeric shell around the fragrance (0043) followed by drying the mixture (0076).
With regards to claims 22 and 30, Provan teaches the microcapsule to be used to form a consumer product (0002).
With regards to claims 23 and 24, Provan teaches the consumer product to include talcum powder, fabric washing powder, dishwashing powder, and other powders (0081) reading on a solid scent booster in a solid vehicle.
With regards to claim 25, Provan is silent on the presence of non-encapsulated perfume composition. However, it is obvious to one skilled in the art prior to the effective filing date of the present invention that some of the perfume composition would remain after encapsulation, therefore, containing residual free perfume.
With regards to claim 26, Provan teaches the composition to be a core-shell microcapsule (0004).
With regards to claim 27, Provan teaches the solid carrier to include urea (0056) having a melting temperature of 132.7°C.
With regards to claim 28, Provan teaches the shell to contain polyol (0057).
With regards to claim 32, Provan teaches the consumer product to include home care product (room deodorants), fabric care products (fabric softeners) and personal care products (0002).
Response to Arguments
Applicant's arguments filed March 6, 2026 have been fully considered but they are not persuasive.
Argument: Applicant argues that the percentage of biodegradable ingredients is less than 75%.
Response: The amended claim 1 lists compounds that qualify as biodegradable. Provan teaches several compounds that are listed in the newly amended claim 1 and the total concentration of the ones added is 78 parts in a composition having 86 parts reading on 90.70% biodegradable. Further, there are other compounds listed in Provan examples that are considered to be biodegradable but are not listed in claim 1, such as Isoamyl acetate. The total concentration of all of the ingredients that are considered to be biodegradable is 97.1% of the composition.
Argument - Applicant argues that when the composition is more than 75%, the composition is suitable for encapsulation.
Response - Because the art teaches the composition to have the claimed biodegradability and is used for encapsulation, this argument is not persuasive.
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 JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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/JESSICA WHITELEY/Primary Examiner, Art Unit 1763