Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12-30-2025 has been entered.
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 .
Claim Rejections - 35 USC § 103
Claims 1-20 is/are rejected under 35 U.S.C. 103 as being obvious over EP (3124585) in view of Lant et al (2018/0023043).
EP 3124585 or EP ‘585 discloses a water soluble unit dose article with liquid detergent composition sealed therein (abstract). The water soluble unit dose article laundry detergent composition comprises a first 10-45% anionic surfactant such as linear alkyl benzene sulfonate having C10-C16 (0020-0024); and a second anionic surfactant such ethoxylated alkyl sulfate having C12-C18 carbons and may be linear or branched and have 1-3 moles of ethoxylation (0025). Further included as a surfactant are fatty acid soaps and 0.1 to 10% nonionic surfactants such as ethoxylates , oxo- synthesized non-ionic surfactants and mixtures thereof (0029). The film material for pouch or unit dose are polyvinyl alcohols, copolymers and mixtures thereof (0039- 0040). Table 1 discloses a detergent composition such as 4.5% C12-C14 fatty alcohol ethoxylates; Linear alkylbenzene sulfonates 29.7-32.4%; C12-C14 ethoxylated alkyl sulfate having 3EO 12.1%; palm kernel fatty acid salt 8.9%; 1,2-propanediol 17.2%; dipropylene glycol 0.5%; glycerine 4.7% and water from 9.5-10.7% (see examples 1-4).
EP ‘585 teach all of the instantly required except said reference is silent with the mixture of branched and linear alkyl chains having greater than 40-95% branching.
Lant et al disclose a cellulose particle with a surfactant system comprising 5 to 50% of cleaning compositions (0113). The preferred surfactant includes a C8-C18 alkyl ethoxy sulfate having an average degree of ethoxylation of less than 5 and an average level of branching to about 40% (0116). Moreover, the weight average branching is defined as the weight in grams of alcohol and reads on applicants’ formulae see (0127) and additional alkyl sulfates which are non-ethoxylated and linear alkyl benzene sulfonates are employed (0131). Furthermore, alcohols used comprise natural and synthetic (0131). In addition, nonionic surfactants having 8-22 carbon atoms and 5-12 moles of ethylene oxide are employed in amounts from 0.1 to 40% (0136) and water is employed at levels from 2 to 10% (0157). With respect to form of the liquid detergent suggested by Lant et al, he teaches that unit dosage compositions with polyvinyl-alcohol based film are utilized with embodiments comprising AE-7, AE3S, LAS, C12-C15, fatty acids in amounts from 6-15%, water, glycerol 4-5% and pH of 7-8.2 (see examples 9-17).
It would have been obvious to the skilled artisan to employ a level of branching to greater than 40% given that Lant et al and EP “585 both teach similar compositions useful for the same purpose of providing a water soluble unit dose composition. Lant et al further discloses the definition and formulae of weight average of branching (0127) and it would have been obvious to the skilled artisan to derive the AES branching within the range as suggested by Lant et al to produce a similar composition for the compositions of EP ‘585 since they are analogous art and with a reasonable expectation of success to formulate a similar product, absent a showing to the contrary. Moreover, the data point of 40% and greater than 40% is close enough where the skilled artisan would expect similar results of cleansing, absent a showing to the contrary commensurate in scope with the claims and furthermore, it is held that optimizing ranges is permissible and the expectation of similar characteristics is expected with those range outside of the scope as claimed but close enough.
As stated in KSR Int'l Co., v. Teleflex, Inc., 550 U.S. 398, 418 (2007):
"[A]nalysis [of whether the subject matter of a claimwould have been prima facie obvious] need not seek out preciseteachings directed to the specific subject matter of thechallenged claim, for a court can take account of the inferencesand creative steps that a person of ordinary skill in the artwould employ."
With respect to claim 19, wherein the composition has a pH from 6-10, EP “585 is silent. The working examples show a composition that appears basic and furthermore, the compositions of Lant et al, teaches that unit dosage compositions with polyvinyl-alcohol based film are utilized with embodiments comprising AE-7, AE3S, LAS, C12-C15, fatty acids in amounts from 6-15%, water, glycerol 4-5% and pH of 7-8.2 (see examples 9-17). One skilled in the art would have been motivated, and it appears to include, a compositions within EP “585 having pH of 7-8.2. Lant et al teach that it is well known to have a basic unit dose composition for wash liquor purposes and EP ‘585 appears to suggest a basic composition within his working examples, one would expect similar compositions with similar or the same ingredients to have similar characteristics, in the absence of a showing to the contrary.
“The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages” Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382; In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969) Merck & Co. Inc. v. Biocraft Laboratories Inc., 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989); In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990); and In re Geisler, 116 F.3d 1465, 43 USPQa2d 1362 (Fed. Cir. 1997).
Similarly, a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)
Response to Arguments
Applicant's arguments filed 12-30-2025 have been fully considered but they are not persuasive.
Applicant differentiates the claims from the disclosure of Lant which teaches a “preferred anionic surfactant having a level of branching to about 40%. Further arguments are address at unexpected results from the working examples 1 and 2 of applicant’s specification
Although, the present amendments rebut the Office’s prima facie case of obviousness, the rejections can also be overcome by the showing of unexpected results in the specification, specifically. Therefore, the claimed invention is unobvious and the rejection should be withdrawn. Unexpected results are demonstrated in the specification regarding dissolution performance of the inventive formulations (having over 40% to 95% weight average degree of branching alkyl branching) compared to the comparative formulations (having about 40% weight average degree of branching alkyl chains or less). See formulations table on pages 13-14. While a low degree of branching (Comparative Example 2) still delivered in line grease cleaning performance versus the inventive examples (contrary to 100% linear ethoxylated alkyl sulphate, i.e. Comparative Example 1), it demonstrated a far inferior onset of dissolution as seen in Tables 1 and 2. See fest results on pages 16-17. Thus, a person of ordinary skill in the art employing the 40% weight average degree of branching alkyl chains for an anionic surfactant as suggested by Lant would face an even worse dissolution profile versus a linear benchmark and would rather expect that this performance trend would continue when further increasing the branching level and, as such, stop testing before reaching the increased numerical range taught by the present claims. Hence, the surprising results found in specification undermine the obviousness rejection, especially in consideration with the present amendments.
The examiner contends and respectfully disagrees because the endpoint of the amended claim, for the branching, is 40% and Lant teaches a data point of 40% which overlaps. Therefore the combination of EP ‘585 and Lant would have been obvious in the absence of a showing to the contrary given the normal operations of optimization given the teachings that already exist in the art as evidenced by Lant. Applicant’s attempt to show criticality of said branching of known ingredients within the tables and example 2 are not commensurate in scope with the claimed invention to be given patentable weight. For example, the plethora of ingredients disclosed in example 1 and 2 are not commensurate with the binary composition of the claims. Accordingly, criticality has not been established and the prima facie case of obviousness remains.
Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the “objective evidence of nonobviousness must be commensurate in scope with the claims which the evidence is offered to support.” In other words, the showing of unexpected results must be reviewed to see if the results occur over the entire claimed range. In re Clemens, 622 F.2d 1029, 1036, 206 USPQ 289, 296 (CCPA 1980)
Conclusion
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/NECHOLUS OGDEN JR/ Primary Examiner, Art Unit 1761