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 .
Response to Amendment
The Amendment filed on December 8th, 2025 has been entered. Claims 1-3, 5-12, and 15-18 are pending in the application. Claim 4 and claim 13 have been cancelled.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5, 7-11, 13, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Minty (WO 2018222545 A1), already cited in the IDS dated July 3rd, 2023, and in further view of Park (US 20180265825 A1) and Bodoc (WO 2019102115 A1).
With regard to claims 1-3, Minty discloses a rheology modifier comprising cross linked poly(amino acid), in which the poly(amino acid) is D,L-gamma-poly(glutamic acid) (see Abstract). Minty further teaches rheology modifiers as commonly used thickeners in many aqueous systems and formulations, both for personal and industrial use (see [0005]), and the aqueous system may be the aqueous phase of a multi-phase composition such as a water-in-oil emulsion (see [0025]). Minty further discloses crosslinked D,L-gamma-poly(glutamic acid) as offering performance parity with or exceeding synthetic carboxyl-containing polymers (see [0009]), particularly acrylic monomers (see Figure 3 and Figure 4). Minty further discloses the crosslinked poly(amino acids) have a high resistance to loss of thickening potency in the presence of electrolytes (see [0028]). Minty further teaches the amino acid monomer should be at least 60wt% of the poly(amino acid) and further provides glutamic acid as a suitable amino acid monomer unit (see [0033]). Minty further discloses ethylene glycol diglycidyl ether as a suitable crosslinker (see [0038]). Minty further discloses some embodiments may comprise excipients and additives and further teaches surfactants to enhance dispersion (see [0043]).
Minty further discloses a polymer comprising 0.91mol% of ethylene glycol diglycidyl ether (EGDE) (see Example 1).
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However, Minty fails to disclose a thickening composition further comprising at least one water- in-oil emulsifying agent (S1) and a- least one oil-in-water emulsifying agent (S2).
Bodoc discloses inverse emulsion polymerization as known in the art (see [0153]). Bodoc further discloses a self-invertible inverse latex comprising an inverting agent, a surfactant, and the use of a thickening agent in a detergent composition (see Abstract). Bodoc further discloses an oil-in-water surfactant added at the end of the polymerization step (see [0009]). This would mean that the composition comprises an oil-in-water emulsifying agent (S2). Bodoc further discloses the water-in-oil emulsifier system as comprising sorbitan laurate (S1) (see [0134]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize the inverse emulsion polymerization method of Bodoc to produce the polymer of Minty, as inverse emulsion polymerization is commonly known in the art, as disclosed by Bodoc. If this polymerization method is used, the composition of Minty would comprise both S1 and S2.
Minty further fails to disclose a detergent composition comprising greater than or equal to 20% of the polymer.
Park discloses an aqueous liquid laundry detergent composition, an analogous art (see [0008]). Park further discloses the liquid laundry detergent composition may comprise a rheology modifier for the purpose of enhancing the yield stress value of the composition and in an amount ranging from about 0.5% to about 25wt% (see [0210]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize the rheology modifier of Park in the liquid laundry detergent of Minty as rheology modifiers are commonly used in personal and industrial aqueous compositions, as disclosed by Minty.
With regard to claim 5, Minty discloses the viscosity of the aqueous dispersion at 1.3wt% at approximately 800mPa.s. (see Figure 3 and Figure 4).
With regard to claim 7, Park discloses a laundry detergent composition comprising about 0.5% to about 25wt% of a rheology modifier (see [0210]).
With regard to claim 8, Minty and Park disclose all of the limitations of claim 1. Minty further discloses surfactants (see [0043]).
However, Minty fails to disclose a surfactant selected from anionic, cationic, amphoteric, and nonionic surfactants.
Park discloses the surfactant may comprise at least one non-ethoxylated anionic surfactant, at least one ethoxylated anionic surfactant, and at least one fatty alcohol ethoxylate surfactant (see [0008]). Park further discloses a composition comprising these surfactants is stable over long periods of time (see Abstract).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize the at least one non-ethoxylated anionic surfactant, at least one ethoxylated anionic surfactant, and at least one fatty alcohol ethoxylate surfactant of Park as these surfactants cause a composition to become stable over long periods of time, as disclosed by Park.
With regard to claim 9, Minty, Park, and Bodoc disclose all of the limitations of claim 1.
However, Minty and Park fail to disclose a process for preparing a detergent composition.
Bodoc discloses inverse emulsion polymerization as known in the art (see [0153]). Bodoc further discloses the steps of preparing an aqueous phase comprising water, water-soluble monomers, and crosslinking monomers, as well as commonly known additives (see [0153]), mixing the oily phase with the water-in-oil emulsifying system (see [0154]), mixing the aqueous phase and the oily phase (see [0154]), initializing the polymerization reaction by introducing a free radical initiator (see [0157]), and introducing the emulsifying system of water water-in-oil (see [0158]). Bodoc further discloses the organic (oily) phase may be comprised of undecane (see [0128]), which is volatile, and dioctyl ether, which is non-volatile (see [0130]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize the inverse emulsion polymerization method of Bodoc to produce the polymer of Minty, as inverse emulsion polymerization is commonly known in the art, as disclosed by Bodoc.
With regard to claim 10, Minty, Park, and Bodoc disclose all of the limitations of claim 9.
Minty further discloses a crosslinked polymer comprising D-, L-, or D,L-gamma-poly(glutamic acid) (see claim 4).
With regard to claim 11, Minty, Park, and Bodoc disclose all of the limitations of claim 1.
Minty further discloses a polymer derived from sodium D,L-gamma-poly(glutamate) (see [0048]).
With regard to claim 15, Minty, Park, and Bodoc disclose all of the limitations of claim 1.
Park discloses sorbitan esters as suitable nonionic surfactants (see [0133]).
With regard to claim 16, Minty, Park, and Bodoc disclose all of the limitations of claim 1. Park further discloses the composition as a liquid laundry detergent composition (see Abstract).
With regard to claim 17, Minty, Park, and Bodoc disclose all of the limitations of claim 1.
Park further discloses a liquid laundry detergent composition (see Abstract). Within the broadest reasonable interpretation of “solid surface”, fabric is a solid and therefore, the composition of Park would be useful for cleaning a solid surface.
Claim 6 and claim 14 are rejected under 35 U.S.C. 103 as being unpatentable over Minty (WO 2018222545 A1), already cited in the IDS dated July 3rd, 2023, Park (US 20180265825 A1)), and Bodoc (WO 2019102115 A1), as applied to claims 1 above, and in further view of Landoll (US 4304902 A).
With regard to claim 6 and claim 14, Minty, Park, and Bodoc disclose all of the limitations of claim 1.
Minty further discloses the poly(amino acid) may further comprise additives to enhance the performance or ease of use in end use applications (see [0043]). Minty further discloses suitable additives as molecular species which are crosslinked with the poly(amino acid) to alter material properties and surfactants to enhance dispersion (see [0043]).
However, Minty, Park, and Bodoc fail to disclose alkyl epoxides which may be linear, branched, saturated, unsaturated, functionalized, or non-functionalized and comprising 6-22 carbons.
Landoll discloses copolymers of ethylene oxide and epoxy-n-alkane of 12-25 carbon atoms (see Abstract). Landoll further discloses copolymers of epoxide monomers are well known (see Col 1 line 20-21). Landoll further teaches copolymers of epoxy-n-alkanes as having an increased viscosity and viscosity stability (see Col 1 line 36).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize the epoxy-n-alkanes of 12-25 carbons, as disclosed by Landoll, in the poly(glutamic acid) polymer, as disclosed by Minty, as copolymers of epoxide monomers are well known and for the purpose of producing a polymer with increased viscosity, as disclosed by Landoll.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Minty (WO 2018222545 A1), already cited in the IDS dated July 3rd, 2023, Park (US 20180265825 A1), and Bodoc (WO 2019102115 A1), as applied to claim 9 above, and in further view of Fujii (JP 4873208 B2).
With regard to claim 12, Minty, Park, and Bodoc disclose all of the limitations of claim 9. Minty further discloses crosslinked poly(amino acids) which are swollen in deionized water for use as rheology modifiers (see Abstract).
However, Minty, Park, and Bodoc fail to disclose the crosslinking agent present in proportions by mass of between 0.5wt% and 10wt% relative to the mass of polyglutamic acid.
Fujii discloses a crosslinking agent for water absorbent resin and a water absorbent resin, an analogous art (see Abstract). Fujii further discloses ethylene glycol diglycidyl ether as a suitable crosslinking agent (see [0153]) and further discloses crosslinking agents at 0.005-2mol% with respect to the hydrophilic monomer (see [0153]). Fujii further teaches outside of this range the polymer may not have satisfactory water absorption (see [0153]). Fujii further discloses polyglutamic acid and its derivatives as suitable hydrophilic resins (see [0143]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the of the claimed invention, to utilize the 0.005-2mol% of crosslinking agent in the water swellable polymer of Minty, in view of Park and Bodoc, to ensure satisfactory water absorption, as disclosed by Fujii.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Minty (WO 2018222545 A1), already cited in the IDS dated July 3rd, 2023, Park (US 20180265825 A1), and Bodoc (WO 2019102115 A1), as applied to claim 1 above, and in further view of Lu (WO 2017218391 A1).
With regard to claim 18, Minty, Park, and Bodoc disclose all of the limitations of claim 1.
However, Minty, Park, and Bodoc fail to disclose a process for cleaning a solid surface.
Lu discloses a detergent composition (see Abstract), which may be aqueous (see page 26 line 24-25), an analogous art. Lu further discloses the step of contacted the composition to the fabric may be performed in a variety of methods known in the art. Lu further teaches the contacting step in a fabric care method may comprise washing, soaking, and/or rinsing and in some embodiments, the rinsing step is rinsing with water (see page 47 line 21-24).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize the method of Lu with the composition of Minty and Park as the steps of contacting the composition may comprise washing, soaking, and/or rinsing, which are methods known in the art, as disclosed by Lu.
Response to Arguments
Applicant's arguments filed December 8th, 2025 have been fully considered but they are not persuasive.
Applicant argues that Minty fails to disclose a self-invertible W/O emulsion. A thickening agent produced via the method of Bodoc would be self-invertible. Further, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize the inverse emulsion polymerization method of Bodoc to produce the polymer of Minty, as inverse emulsion polymerization is commonly known in the art, as disclosed by Bodoc. If this polymerization method is used, the composition of Minty would comprise both S1 and S2.
Applicant further argues that the rheology modifier of Minty only uses 0.1-0.2mol% of crosslinking agent. As stated above, Minty further discloses a polymer comprising 0.91mol% of ethylene glycol diglycidyl ether (EGDE) (see Example 1). EGDE is a crosslinking agent. Further, 0.91mol% is within the disclosed range of 0.5-20mol%.
Applicant further argues that Park fails to disclose the use of a self-invertible W/O emulsion containing at least 20 wt% of crosslinked PGA, much less how to go about obtaining such a thickening composition.
As stated above, Park, in combination with Minty and Bodoc, discloses all of the limitations of claim 1.
Applicant further argues that the method of Bodoc would not produce a rheology modifier possessing the same thickening power as the claimed invention. However, Applicant offers no evidence to support this statement. The combination of Minty, Park, and Bodoc discloses all of the limitations of claim 1. It stands to reason that this combination would produce a rheology modifier with the same properties as the claimed invention.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 BRITTANY SHARON HARRIS whose telephone number is (571)270-1390. The examiner can normally be reached 7:30-5:00.
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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 (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY R DELCOTTO/Primary Examiner, Art Unit 1761
/B.S.H./Examiner, Art Unit 1761