DETAILED ACTION
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 . 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 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.
Election/Restrictions
Applicant's election with traverse of Group I (claims 1-11) in the reply filed on 26 January 2026 is acknowledged. The traversal is on the ground(s) that examination of the inventions separately would require substantial duplication of work and additional costs. This is not found persuasive because these are not reasons for determining whether restriction is proper. And the lack of unity (which is the standard) was demonstrated in the restriction requirement. The requirement is still deemed proper and is therefore made FINAL. Claim 12 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 112 - Indefiniteness
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 6 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claim 6 recites the limitation “silicone fluid emulsion”. There is insufficient antecedent basis for this limitation in the claim.
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 1-11 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Dixon (US Patent Application Publication 2014/0242195).
Dixon discloses automotive surface treatment systems (abstract). The system is an aqueous antimicrobial composition comprising a quaternary ammonium salt antimicrobial agent, a fragrance, water, and optionally a shine enhancer (id.). Examples 3 and 4 disclosed by Dixon both have a polydimethylsiloxane emulsion, water, and BTC 2125-based quaternary ammonium chlorides (paragraph [49]), and these ingredients thus read upon the ingredients recited by independent instant claim 1. Specifically, the polydimethylsiloxane emulsion reads upon the silicone package and the BTC 2125-based quaternary ammonium chlorides read upon the disinfectant package.
Instant claims 2-6 further limit the silicone package, and the polydimethylsiloxane emulsion in the above cited examples read upon the limitations recited by instant claims 2-4. Instant claims 5 and 6 recite additional limitations of which Dixon is silent as to the specific silicone in the examples. However, alternative shine enhances taught include silicones with a viscosity of 500 or 1000 cSt (paragraph [32]), which reads upon instant claim 5.
And as for the amount in instant claim 6, this limits not the amount in the overall composition, but in the emulsion added to the overall system. And while the amount in the emulsion is not taught by Dixon, the result (the microemulsion in a larger aqueous composition) is taught. And the difference would be one based on the way in which the system is prepared. The patent-ability of a product does not depend on its method of production, and if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See MPEP 2113.
Instant claims 7-8 further limit the disinfectant. Quats are present in the disclosed composition, reading upon instant claim 7. And as for instant claim 8, this recites a property on which Dixon is silent. However, the instant specification states that quaternary ammonium chlorides have this property (see tables 1, 3, and 4). Thus, as Dixon also discloses compositions with quaternary ammonium chlorides, it appears reasonable to conclude the taught composition would possess the instantly recited property.
Instant claims 9-11 recite limitations to additional ingredients present, and the fragrance taught and cited in the examples disclosed by Dixon read upon these limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian Gulledge whose telephone number is (571) 270-5756. The examiner can normally be reached Monday - Friday 7am - 4pm.
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/Brian Gulledge/Primary Examiner, Art Unit 1699
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