DETAILED ACTION
This Office action is in response to Applicant’s amendment filed March 19, 2026. Applicant has amended claims 1 and 3-12. Currently, claims 1 and 3-13 remain pending in the application.
The text of those sections of Title 35 U.S. Code not included in this action can be found in the prior Office action, Paper No. 20251016.
The objection of claims 1 and 3-13 is withdrawn in view of applicant’s amendments and remarks.
The rejection of claims 10 and 11 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, is withdrawn in view of applicant’s amendments and remarks.
The rejection of claims 1 and 3-13 under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Morimoto et al, US 2018/0265807, is maintained for the reasons of record.
The rejection of claims 1 and 3-13 under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Hsu et al, US 2007/01111914, is maintained for the reasons of record.
The rejection of claims 1 and 3-12 under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Koester et al, U.S. Patent No. 6,660,706, is withdrawn in view of applicant’s amendments and remarks.
The rejection of claims 1 and 3-13 under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Piorkowski, EP 3578628, is maintained for the reasons of record.
The provisional rejection of claims 1 and 3-13 on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of copending Application No. 18/703,505 is maintained for the reasons of record.
Response to Arguments
Applicant's arguments filed March 19, 2026 have been fully considered but they are not persuasive.
Applicant argues that Morimoto et al, US 2018/0265807, does not teach or suggest in general a composition containing a methyl ester ethoxylate surfactant, wherein at least 10% by weight of the methyl ester ethoxylate surfactant contains a C18 group, as required by applicant in the instant claims. However, the examiner respectfully disagrees. Specifically, the examiner respectfully maintains that Morimoto et al, US 2018/0265807, clearly discloses a liquid detergent composition comprising a nonionic surfactant of formula (1), wherein R1 is a double bond containing C15-17 alkyl group in an amount of at least 5-30% by weight, EO is ethylene oxide, and R2 is methyl (see paragraphs 9-19), that the nonionic surfactant of formula (I) contains palmitic (i.e. C16 MEE), stearic (i.e. C18:0 MEE) and oleic acids (i.e. C18:1 MEE) for the alkyl group (see paragraph 46), and that Examples 1-8 and 11-13 clearly discloses compositions that contain 100% of a C18 methyl ester ethoxylate surfactant, as required by applicant in the instant claims. Furthermore, the examiner respectfully maintains that Morimoto et al clearly discloses that their compositions contain an anionic surfactant, such as alkyl ether sulphates that contain 10-20 carbon atoms in the alkyl chain and 1-10 moles of ethylene oxide (i.e., inclusive of C18; see paragraphs 54 and 58-59), as required by applicant in the instant invention.
Applicant further argues that Hsu et al, US 2007/0111914, does not teach or suggest in general a composition containing a methyl ester ethoxylate surfactant, wherein at least 10% by weight of the methyl ester ethoxylate surfactant contains a C18 group, as required by applicant in the instant claims. However, the examiner respectfully disagrees. Specifically, the examiner respectfully maintains that Hsu et al clearly discloses a composition comprising an alkoxylated ester surfactant having the structure of Formula (I), wherein R1 is a C18 alkyl group, R2 is a C2H4, and R3 is methyl (see paragraphs 26-35), and that Examples A and 1 in Table 1 contain a composition containing 100% of a C18 methyl ester ethoxylate surfactant, as required by applicant in the instant claims. Furthermore, the examiner respectfully maintains that Hsu et al clearly discloses that their compositions contain an anionic surfactant, such as alkyl polyethoxy sulfates that contain 18 carbon atoms in the alkyl chain (see paragraphs 50-52), as required by applicant in the instant claims.
Applicant further argues that Piorkowski, EP 3578628, does not teach or suggest in general a composition containing a methyl ester ethoxylate surfactant, wherein at least 10% by weight of the methyl ester ethoxylate surfactant contains a C18 group, as required by applicant in the instant claims. However, the examiner respectfully disagrees. Specifically, the examiner respectfully maintains that Piorkowski clearly discloses a composition comprising a fatty acid methyl ester ethoxylate that is a 100% C18 methyl ester ethoxylate containing 10 moles of ethylene oxide (see Tables 4-5), as required by applicant in the instant claims. Furthermore, the examiner respectfully maintains that Piorkowski clearly discloses that their compositions contain an anionic surfactant, such as alkyl ether sulfates of formula (A), wherein R1 is a C18 alkyl and n is 1-6 (see paragraphs 25-26), as required by applicant in the instant claims.
The examiner notes that applicant has requested that the obviousness-type double patenting rejection over copending Application No. 18/703,505 be held in abeyance until an indication of allowable subject matter in the instant application is identified.
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 BRIAN P MRUK whose telephone number is (571)272-1321. The examiner can normally be reached on 7:00am-5:30pm Monday-Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew, can be reached on 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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/BRIAN P MRUK/
Primary Examiner, Art Unit 1761
Brian P Mruk
May 7, 2026