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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 12/29/2025 is acknowledged.
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.
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.
Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kandzia et al. (US 2019/0093049) and further in view of Bao et al. (WO 2022/101005).
Regarding claim 1 Kandzia discloses a concentrated laundry composition which is dilutable in water to form a liquid laundry detergent composition (See Kandzia Abstract and [0030]-[0031] wherein the composition is a concentrated laundry detergent dilutable in water.)
wherein the concentrated composition comprises:
a) surfactant; (See Kandzia [0053]-[0068] wherein various surfactants and combinations thereof are utilized.)
b) a rheology modifier; and (See Kandzia [0032] and [0081] wherein the composition is changed from solid, gel, liquid, various components must be added which alter rheology of the composition, i.e. a liquid has a different rheology than a solid or a gel. Additionally the agents of [0081] alter rheology to some extent.)
c) from about 1x102 to about 1x109 CFU/g of the composition of bacterial spores. (See Kandzia [0024] wherein spores are in the composition at 1x103 to about 1x107 CFU/g.)
Kandzia does not specifically disclose the surfactant being provided from about 15-85% by weight of surfactant or specific rheology modifiers.
Bao discloses a laundry composition dilutable in water and having a composition being about 15 to about 85% by weight of surfactant; a rheology modifier; and other desirable components. (See Bao Abstract and Pg. 1 Lines 22-33)
It would have been obvious to one of ordinary skill in the art at the time of filing to provide the surfactants and rheology modifiers of Bao at the described amounts in the laundry composition of Kandzia because such materials represent effective amounts of laundry detergent additives which result in a detergent that behaves in a more satisfactory manner to the user upon dilution.
Regarding claims 2-4 modified Kandzia discloses all the claim limitations as set forth above as well as the composition wherein the composition comprises Bacillus amyloliquefaciens spores. (See Kandzu Abstract and [0017] wherein the spores are Bacillus amyloliquefaciens spores.)
Regarding claim 5 modified Kandzia discloses all the claim limitations as set forth above as well as the composition wherein the surfactant comprises a non-ionic surfactant, an anionic surfactant, or a mixture thereof. (See Kandzi [0052] wherein the surfactant is nonionic of anionic.)
Regarding claim 6 modified Kandzia discloses all the claim limitations as set forth above as well as the composition wherein the surfactant comprises an alcohol ethoxylate and an alkylbeneze sulfonate.(See Bao Pg. 4 Line 5-10 and lines 25-27 and Pg. 11 Lines 15-23 wherein the surfactant comprises a mixtures of anionic, i.e. alkylbenzene sulfonate, and non-ionic, i.e. alcohol ethoxylate, components.
Regarding claim 7 modified Kandzia discloses all the claim limitations as set forth above as well as the composition wherein the composition comprises from about 25 to about 55% by weight of surfactant. (See Bao Pg. 4 Lines 5-10 wherein surfactant is 20-50% of the composition.)
It would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
It is well settled that where the prior art describes the components of a claimed compound or compositions in concentrations within or overlapping the claimed concentrations a prima facie case of obviousness is established. See In re Harris, 409 F.3d 1339, 1343, 74 USPQ2d 1951, 1953 (Fed. Cir 2005); In re Peterson, 315 F.3d 1325, 1329, 65 USPQ 2d 1379, 1382 (Fed. Cir. 1997); In re Woodruff, 919 F.2d 1575, 1578 16 USPQ2d 1934, 1936-37 (CCPA 1990); In re Malagari, 499 F.2d 1297, 1303, 182 USPQ 549, 553 (CCPA 1974).
Regarding claim 8 modified Kandzia discloses all the claim limitations as set forth above as well as the composition wherein the composition comprises from about 5 to about 20% by weight of the rheology modifier. (See Bao Pg. 10 and Line 7-10 wherein the rheology modifier is 0.01-8% of the weight of the composition.)
It would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
It is well settled that where the prior art describes the components of a claimed compound or compositions in concentrations within or overlapping the claimed concentrations a prima facie case of obviousness is established. See In re Harris, 409 F.3d 1339, 1343, 74 USPQ2d 1951, 1953 (Fed. Cir 2005); In re Peterson, 315 F.3d 1325, 1329, 65 USPQ 2d 1379, 1382 (Fed. Cir. 1997); In re Woodruff, 919 F.2d 1575, 1578 16 USPQ2d 1934, 1936-37 (CCPA 1990); In re Malagari, 499 F.2d 1297, 1303, 182 USPQ 549, 553 (CCPA 1974).
Regarding claim 9 modified Kandzia discloses all the claim limitations as set forth above as well as the composition wherein the composition further comprises hydrogenated castor oil. (See Bao Pg. 22 Line 10-16 wherein the rheology modifier further comprises hydrogenated castor oil.)
Regarding claim 10 modified Kandzia discloses all the claim limitations as set forth above as well as the composition the rheology modifier comprises a grafted copolymer of an acrylic polymer and fatty alcohol alkoxylates, or its salts, or a mixture thereof. (See Bao Pg. 8 Lines 1-5 and Pg. 9 Lines 15-27 wherein the rheology modifier includes both a grafted copolymer of an acrylic polymer and fatty alcohol alkoxylates.)
Modified Kandzia does not specifically disclose the rheology modifier being 5 about to about 10% by weight of the fatty alcohol alkoxylates however it is noted that the cited art recognizes that the amount of grafted copolymer of an acrylic polymer and fatty alcohol alkoxylates is known to be modified according to desired use. As the cost of materials and viscosity are variables that can be modified, among others, by adjusting said relative amount of grafted copolymer of an acrylic polymer and fatty alcohol alkoxylates , with said cost and viscosity both increasing as the relative amount of grafted copolymer of an acrylic polymer and fatty alcohol alkoxylates is increased, the precise relative amount of grafted copolymer of an acrylic polymer and fatty alcohol alkoxylates would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. As such, without showing unexpected results, the claimed relative amount of grafted copolymer of an acrylic polymer and fatty alcohol alkoxylates cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the relative amount of grafted copolymer of an acrylic polymer and fatty alcohol alkoxylates of modified Kandzia to obtain the desired balance between the cost and the viscosity (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding claim 11 modified Kandzia discloses all the claim limitations as set forth above as well as the composition wherein the rheology modifier comprises an ethoxylated sorbitan ester. (See Pg. 9 Lines 15-27 wherein the rheology modifier includes ethoxylated sorbitan ester)
Regarding claim 12 modified Kandzia discloses all the claim limitations as set forth above as well as the composition wherein the rheology modifier comprises a grafted copolymer of an acrylic polymer and fatty alcohol alkoxylates, or its salts, or a mixture thereof, and an ethoxylated sorbitan ester. (See Bao Pg. 8 Lines 1-5 and Pg. 9 Lines 15-27 wherein the rheology modifier includes both a grafted copolymer of an acrylic polymer and fatty alcohol alkoxylates and ethoxylated sorbitan ester)
Regarding claim 13 modified Kandzia discloses all the claim limitations as set forth above as well as the composition wherein the rheology modifier comprises polyethylene glycol. (See Bao Pg. 9 Line 15 – Pg. 10 Line 15 wherein the rheology modifier comprises PEG)
Regarding claim 14 modified Kandzia discloses all the claim limitations as set forth above as well as the composition wherein the rheology modifier comprises a grafted copolymer of an acrylic polymer and fatty alcohol alkoxylates, or its salts, or a mixture thereof, and polyethylene glycol. . (See Bao Pg. 8 Lines 1-5 and Pg. 9 Lines 15—Pg. 10 Line 15 wherein the rheology modifier includes both a grafted copolymer of an acrylic polymer and fatty alcohol alkoxylates and PEG)
Regarding claim 15 modified Kandzia discloses all the claim limitations as set forth above as well as the composition wherein the composition further comprises an enzyme.(See Kandzia [0071] wherein the composition comprises an enzyme.)
Regarding claim 16 modified Kandzia discloses all the claim limitations as set forth above as well as the composition wherein the composition further comprises an adjunct comprising one or more of: peroxy compounds, bleach activators, anti-redeposition agents, neutralizers, optical brighteners, foam inhibitors, chelators, bittering agents, dye transfer inhibitors, soil release agents, water softeners, electrolytes, pH regulators, anti-graying agents, anti-crease components, bleach agents, colorants, scents, processing aids, and mixtures thereof. (See Kandzia [0079] wherein the composition comprises scents.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HURST whose telephone number is (571)270-7065. The examiner can normally be reached on M-F 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached on 571-272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN M HURST/ Primary Examiner, Art Unit 1799
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