DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
Claims 10-15 have been added.
Claims 1-15 are currently pending.
Election/Restrictions
Applicant’s election without traverse of species EOx1POy1EOx2, sulphonated acrylic polymer, and glycosyl hydrolases from GH family 11, in the reply filed on 12/29/2025 is acknowledged.
Claims 6-7, 12-13 and 15 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions and species, there being no allowable generic or linking claims.
Claims 1-5, 8-11 and 14 are being examined in this application, insofar as they read on the elected species of EOx1POy1EOx2, sulphonated acrylic polymer, and glycosyl hydrolases from GH family 11.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5, 8-11 and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 1 (line 2) and 2 (line 5-6), the recitation of “about” is indefinite. The instant specification does not provide a definition of the term “about”, and it is unclear as to what range of specific cloud point (in claim 1) and ethylene / propylene oxide unit (in claim 2) is covered by the term “about”. (MPEP 2173.05(b) III)
Claim Rejections - 35 USC § 102
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.
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 1-5, 8-9 and 14 are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by Denome et al (US 2018/0216050 A1; 8/2/2018.) as evidenced by BASF (BASF TI/ES 1026 e. 2005;1-16.) and Bodratti et al (J. Funct. Biomater. 2018;9(11):1-24.).
The instant claims recite a dishwashing detergent composition comprising a xylanase and an ethylene oxide - propylene oxide block copolymer having a cloud point of about 20°C or greater than about 20°C.
Denome teaches a composition comprising xylanases (para 0114) and an ethylene oxide-propylene oxide-ethylene oxide (EOx1POyEOx2) triblock copolymer (para 0051), wherein each ethylene oxide block or chain independently has an average chain length of between 3 and 50 ethylene oxide units (para 0053), an average propylene oxide chain length of between 20 and 70 propylene oxide units (para 0051), and suitable ethylene oxide-propylene oxide-ethylene oxide triblock copolymers include Pluronic PE 9200 (para 0057), which has a cloud point of about 20°C or greater than about 20°C as evidenced by BASF (p.5 Table) and a structure of EO8PO47EO8 as evidenced by Bodratti (p.8 Figure 4). The composition further comprises a sulfonated acrylic acid copolymer (para 0118). The recommended dosage for a unit dose product is placed in a pouch (para 0237). The composition further comprises a bleach catalyst (para 0110, 0138). The composition further comprises a chelant (para 0068).
The limitation of “dishwashing detergent” is regarded as an intended use limitation. The claiming of a new use, function or unknown property does not necessarily make the composition patentable. The intended use of the claimed composition does not patentably distinguish the composition, per se, since such undisclosed use is inherent in the reference composition. In order to be limiting, the intended use must create a structural difference between the claimed composition and the composition of the prior art. In the instant case, the intended use fails to create a structural difference, thus, the intended use is not limiting. Please note that when applicant claims a composition in terms of function, and the composition of the prior art appears to be the same, the Examiner may make rejections under both 35 U.S.C 102 and 103. (MPEP 2112)
Therefore the reference anticipates the claimed subject matter.
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 of this title, 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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Denome et al (US 2018/0216050 A1; 8/2/2018.) as evidenced by BASF (BASF TI/ES 1026 e. 2005;1-16.) and Bodratti et al (J. Funct. Biomater. 2018;9(11):1-24.) as applied to claims 1-5, 8-9 and 14 above, further in view of Lant et al (US 8,349,789 B2; 1/8/2013.).
Denome does not teach the bleach catalyst comprises a manganese or cobalt-containing bleach catalyst (claim 10).
However, Denome does teach the composition comprises a bleach catalyst, and the composition is placed into a washing machine along with the laundry to be washed, and carrying out a washing or cleaning operation (para 0008). Lant teaches a laundry composition (Title) comprising bleach catalysts (col.4 line 11), wherein if desired, the composition can be catalyzed by means of a manganese compound, such compounds and levels of use are well known in the art (col.13 line 1-3), useful cobalt bleach catalysts are known in the art, and readily prepared by known procedures (col.13 line 6-9).
Thus, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to incorporate a manganese or cobalt-containing bleach catalyst, since Denome and Lant both disclose a household care composition comprises bleach catalysts, and Lant discloses that a manganese or cobalt-containing bleach catalyst are well known and routinely used within a household care composition. Moreover, before the effective filing date of the claimed invention, one of ordinary skill in the art would have been motivated by the cited reference and routine practice to incorporate a manganese or cobalt-containing bleach catalyst, with a reasonable expectation for successfully obtaining a composition.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Denome et al (US 2018/0216050 A1; 8/2/2018.) as evidenced by BASF (BASF TI/ES 1026 e. 2005;1-16.) and Bodratti et al (J. Funct. Biomater. 2018;9(11):1-24.) as applied to claims 1-5, 8-9 and 14 above, further in view of Collins et al (FEMS Microbiology Reviews. 2005;29:3-23.).
Denome does not teach the xylanase is from GH family 11 (claim 11).
However, Denome does teach the composition comprises xylanases.
Collins teaches GH family 11 is monospecific and consists solely of xylanases, these xylanases are “true xylanases” (p.10 col right – para 3), and family 11 has more members with a demonstrated activity on xylan (p.6 Table 1).
Thus, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to incorporate xylanase from GH family 11, since Denome discloses a composition comprises xylanases, and Collins discloses that xylanases from GH family 11 are the most typical and true xylanases known to have higher specific activity for xylans. Moreover, before the effective filing date of the claimed invention, one of ordinary skill in the art would have been motivated by the cited reference and routine practice to incorporate xylanase from GH family 11, with a reasonable expectation for successfully obtaining a composition.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-5, 8-11 and 14 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-5 and 7-9 of co-pending Application No. 18/325,455 (referred to as the ‘455 application) in view of Denome et al (US 2018/0216050 A1; 8/2/2018.) and Lant et al (US 8,349,789 B2; 1/8/2013.).
Claims 1-5 and 7-9 of the ‘455 application recites a dishwashing detergent composition comprising a xylanase and a sulphonated carboxylate polymer, wherein the xylanase is from GH family 11. The composition further comprises an ethylene oxide - propylene oxide block copolymer having a cloud point of about 20°C or greater than about 20°C, wherein the block copolymer has structure of EOx1POy1EOx2. The composition is in the form of a unit dose pouch. The composition further comprises a bleach catalyst and a chelant.
‘455 application does not teach the sulphonated carboxylate polymer comprises a sulphonated acrylic polymer (claim 4).
However, ‘455 application does teach the dishwashing detergent composition comprises a xylanase and a sulphonated carboxylate polymer.
Denome teaches a composition comprising xylanases (para 0114) and sulfonated acrylic acid copolymer (para 0118).
Thus, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to incorporate a sulphonated acrylic polymer, since ‘455 application and Denome both disclose a household care composition comprises sulphonated carboxylate polymer, and Denome discloses that a sulphonated acrylic polymer is used as a dispersing agent. Moreover, before the effective filing date of the claimed invention, one of ordinary skill in the art would have been motivated by the cited reference and routine practice to incorporate a sulphonated acrylic polymer, with a reasonable expectation for successfully obtaining a dishwashing detergent composition.
References cited above do not teach the bleach catalyst comprises a manganese or cobalt-containing bleach catalyst (claim 10).
However, ‘455 application does teach the dishwashing detergent composition comprises bleach catalysts. Lant teaches a laundry composition (Title) comprising bleach catalysts (col.4 line 11), wherein if desired, the composition can be catalyzed by means of a manganese compound, such compounds and levels of use are well known in the art (col.13 line 1-3), useful cobalt bleach catalysts are known in the art, and readily prepared by known procedures (col.13 line 6-9).
Thus, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to incorporate a manganese or cobalt-containing bleach catalyst, since ‘455 application and Lant both disclose a household care composition comprises bleach catalysts, and Lant discloses that a manganese or cobalt-containing bleach catalyst are well known and routinely used within a household care composition. Moreover, before the effective filing date of the claimed invention, one of ordinary skill in the art would have been motivated by the cited reference and routine practice to incorporate a manganese or cobalt-containing bleach catalyst, with a reasonable expectation for successfully obtaining a dishwashing detergent composition.
This is a provisional obviousness-type double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
No claims are allowed.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNN Y FAN whose telephone number is (571)270-3541. The examiner can normally be reached on M-F 7am-4pm.
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/Lynn Y Fan/
Primary Examiner, Art Unit 1759