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 .
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 1-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 states a second graft polymer (2) that comprises 2/3 of the characteristics of the first (1) graft polymer but said grafter polymer (2) may be construed as the first (1) sine the comprising language of the (2) graft polymer may encompass additional characteristics leading to a double inclusion and confusion of the same component. Applicant should distinguish and further clarify that the second graft polymer (2) is different from the first graft polymer (1). Appropriate clarification and corrections are required.
Claim 20 states a “method….according to claim 1; and (ii)….comprising a perfume.”
This claim is confusing as the method depends upon the composition of claim 1, which requires the inclusion of perfume (3) but states a perfume component as a second perfume? Appropriate clarification are required as the metes or bounds of the invention cannot be ascertained.
Claims 1-20 are objected to because of the following informalities: The claims are replete with the conjunctive term “and/or”. Where said term is cited, the examiner is giving said term an “or” interpretation. However, applicant should make the record and claims clear by decisively amending to one term or the other. Appropriate correction is required.
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.
Claim(s) 1-9 and 17-20 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Fossum et al (2019/0390142).
Fossum specifically teaches in example 2 and table 2) A laundry detergent 2A comprising:
9.1 wt% C12-15 alkyl polyethoxy sulfate, 9.4 wt% C11.8 LAS, 0.9 wt% C12-14 alkyl 7-ethoxylate, 4.1 wt% C14-15 alkyl 7-ethoxylate, 4.1 wt% C12-18 fatty acid,
1. 45 wt% graft copolymer (1), 1.2 wt% cleaning polymer (graft polymer 2) according to (US8,143,209), which is a PEG polymer (2i) grafted with vinyl acetate (2ii), 0.6 wt% zwitterionic ethoxylated quaternized hexamethylene diamine, the balance being water, perfume, encapsulated perfume and other optional components as needed. The graft copolymer (graft polymer 1) is 1.45 wt% of polymer 1D (example 3, table 3). Said polymer 1D is a graft copolymer (1) comprising 50 wt% PEG4000 (molecular weight of polyalkylene oxide (1a), 30 wt% VAcetate (1c) (being <20% hydrolyzed) and 20 wt% vinyl pyrrolidone (VP, 1c) (example, table 1). Ratio of 1a:1b is within 1:0.1-1 as claimed; and the amount of a>c with 50 wt% PEG4000 to 30 wt% VAcetate. The laundry detergent is employed to wash a fabric and it is found that the presence of the graft copolymer reduces dye transfer among the washed fabrics.
Accordingly, the claims are considered anticipatory since they teach all of the limitations of claim 1 and those that depend as stated above.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 10-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fossum et al (2019/0390142).
Fossum et al is relied upon as set forth above.
Fossum teaches a laundry composition comprising a graft copolymer and a treatment adjunct, the graft copolymer including: (a) a polyalkylene oxide that has a number average molecular weight of from about 1000 to about 20,000 Daltons and is based on ethylene oxide, propylene oxide, or butylene oxide, (b) N-vinylpyrrolidone, and (c) vinyl ester derived from a saturated monocarboxylic acid containing from 1 to 6 carbon atoms and/or a methyl or ethyl ester of acrylic or methacrylic acid, where the weight ratio of (a):(b) is from about 1:0.1 to about 1:1, where the amount, by weight, of (a) is greater than the amount of (c) (see paragraphs [0006]-[0007]); and wherein one of the treatment adjunct is perfume (see paragraph [0056]). Fossum in view of Caswell teaches the features as discussed above. In addition, Fossum teaches that the polyalkylene oxide in the graft copolymer is based on ethylene oxide (see claim 2). Fossum also teaches a graft copolymer which consists of polyethylene glycol (PEG), vinyl pyrrolidone (VP) and vinyl acetate (VAc) (see Examples 1A to 1M in Table 1).
Fossum teaches the features as discussed above. In addition, Fossum teaches that the polyalkylene oxides include copolymers of ethylene oxide and propylene oxide (see paragraph [0035]), and the preferred vinyl ester is vinyl acetate (see paragraph [0039]).
In addition, Fossum teaches that the weight ratio of (a):(c) is from about 1:0.1 to about 1:0.8 (see paragraph [0041], see also claim 7). Fossum teaches the features as discussed above. In addition, Fossum teaches that the weight ratio of (a):(c) is from about 1:0.1 to about 1:0.8 (see paragraph [0041], see also claim 7). Fossum however, fails to disclose the weight ratio of (a):(c) of claim 12, from about 1:0.3 to about 1:0.9.
Considering that Fossum teaches a weight ratio of (a):(c) is from about 1:0.1 to about 1:0.8, the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected the overlapping portion of the range disclosed by the reference because overlapping ranges have been held to be a prima facie case of obviousness, see /n re Malagari, 182 U.S.P.Q 549; In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936-37 (Fed. Cir. 1990); In re Wertheim, 541 F.2d 257, 191
USPQ 90 (CCPA 1976). In addition, a prima facie case of obviousness exists because the claimed ranges "overlap or lie inside ranges disclosed by the prior art", see In re Wertheim, 541 F.2d 257,191 USPQ 90 (CCPA 1976; In re Woodruff; 919 F.2d 1575,16USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05(I).
In addition, Fossum teaches that up to 50 mole %, or up to 40 mole %, of the grafted-on monomers of component (c) are hydrolyzed (see paragraph [0053]).
Fossum teaches the features as discussed above. In addition, Fossum teaches that the graft copolymer includes: (a) a polyalkylene oxide that has a number average molecular weight of from about 1000 to about 20,000 Daltons and is based on ethylene oxide, propylene oxide, or butylene oxide, (b) N-vinylpyrrolidone, and (c) vinyl ester (see paragraph [0007]).
The compositions of the present disclosure may include an amphiphilic graft copolymer (2nd graft polymer), which may be based on water-soluble polyalkylene oxides (A) as a graft base and side chains formed by polymerization of a vinyl ester component (B), where the amphiphilic graft copolymer is preferably free of vinyl pyrrolidone (VP) components. It is believed that such copolymers, which are free of VP, may be complimentary to the graft copolymers of the present disclosure, in that they may help to provide additional dye control and/or other cleaning benefits.
Fossum teaches a second graft polymer different from the graft polymer described above. Specifically a water-soluble polyalkylene oxides suitable for forming the graft base (A) include polymers based on C2-C4-alkylene oxides. The graft bases may comprise at least 50% by weight, preferably at least 60% by weight, more preferably at least 75% by weight of ethylene oxide in copolymerized form. The graft base (A) may be polyethylene glycol or a derivative thereof. The vinyl ester component (B) may comprise, or even consist of, vinyl acetate, vinyl propionate, or mixtures thereof. The vinyl ester component (B) may be vinyl acetate. The vinyl ester component (B), such as vinyl acetate, may be at least partially hydrolyzed (0084-0085). Additionally, The amphiphilic graft copolymers comprise (A) from 20 to 70% by weight of a water-soluble polyalkylene oxide as a graft base and (B) side chains formed by free-radical polymerization of from 30 to 80% by weight of a vinyl ester component composed of (B1) from 70 to 100% by weight of vinyl acetate and/or vinyl propionate and (B2) from 0 to 30% by weight of a further ethylenically unsaturated monomer in the presence of (A). The amphiphilic graft copolymers may comprise from 25 to 60% by weight of the graft base (A) and from 40 to 75% by weight of the polyvinyl ester component (B), preferably wherein the relative weight % of (A) and (B) add up to 100% by weight of the copolymer.
The amphiphilic graft polymers may have a low degree of branching (degree of grafting). They may have, on average, based on the reaction mixture obtained, not more than 1 graft site, preferably not more than 0.6 graft site, more preferably not more than 0.5 graft site and most preferably not more than 0.4 graft site per 50 alkylene oxide units. They may comprise, on average, based on the reaction mixture obtained, preferably at least 0.05, in particular at least 0.1 graft site per 50 alkylene oxide units. The mean molecular weight Mw of the preferred amphiphilic graft polymers may be from 3000 to 100,000 Da. The weight ratio of the graft copolymer of the present disclosure to amphiphilic polymer may be from about 1:10 to about 10:1. A suitable amphiphilic graft copolymer is Sokalan HP22, supplied from BASF. (0086-0088).
In addition, Fossum teaches that the composition may include a surfactant in an amount from about 5% to about 50% by weight of the composition (see paragraph [0061)]). Fossum teaches the features as discussed above. In addition, Fossum teaches that the composition may be in the form of a liquid composition, a granular composition, a single-compartment pouch, a multi-compartment pouch, a sheet, a pastille or bead, a fibrous article, a tablet, a bar, flake, or a mixture thereof (see paragraph [0025]).
Fossum teaches the features as discussed above. In addition, Fossum teaches that a liquid or gel detergent composition comprises 0.0- 10.0 wt% of the graft copolymer, and the perfumes as minor ingredient (see Table 2 in Example 2). Fossum also teaches that the treatment adjunct like perfume can range from as low as 0.001% by weight to 50% by weight of the composition (see paragraph [0054]) and further teaches The fabric care composition may comprise between 0.1% and 10% (0107) and teaches that the graft polymer (2) is exemplified at 1.2% (example 2A) but broadly teaches a proportion to graft polymer (1) from 1:10 to 10:1 (0088).
Fossum fails to specifically disclose the proportions of graft copolymer (1), graft polymer (2) and perfume (benefit agent) in amounts as those recited in claim 16. Considering the teachings of Fossum above, the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected the overlapping portion of the range disclosed by the reference because overlapping ranges have been held to be a prima facie case of obviousness, see /n re Malagari, 182 U.S.P.Q 549; In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936-37 (Fed. Cir. 1990); In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). In addition, a prima facie case of obviousness exists because the claimed ranges "overlap or lie inside ranges disclosed by the prior art", see In re Wertheim, 541 F.2d 257,191 USPQ 90 (CCPA 1976; In re Woodruff; 919 F.2d 1575,16USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05(I).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NECHOLUS OGDEN JR whose telephone number is (571)272-1322. The examiner can normally be reached 8-4:30 EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at 571-272-1498. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NECHOLUS OGDEN JR/Primary Examiner, Art Unit 1761