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 .
Applicants' arguments in the Request for Continued Examination, filed April 28, 2026, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims
Claim Objections
Claims 15 and 19-20 are objected to because of the following informalities: the term “unit dose” should read “unit-dose” in order to keep the claims consistent. Appropriate correction is required.
Obvious-Type Double Patenting (Maintained Rejections)
1) Claims 1-16 and 18-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of US Patent 10,835,455. The rejection is maintained.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are coextensive insofar as both sets of claims recite a solid unit dose oral care composition. The instant claims differ from the patented claims insofar as the instant claims are the genus claims. However, the components that may be used in the compositions of the instant claims are further defined in the dependent claims and include the components, tin source, recited in the patented claims. Therefore, the instant claims are obvious over the patented claims.
Response to Arguments
Applicant does not appear to address this rejection. Therefore, the rejection is maintained.
2) Claims 1-16 and 18-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of US Patent 11,911,492. The rejection is maintained.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are coextensive insofar as both sets of claims recite a unit dose oral care composition. The instant claims differ from the patented claims insofar as the instant claims are the genus claims in regards to the tin. However, the tin is further defined in the dependent claims of the instant claims. Therefore, the instant claims are obvious over the patented claims.
Response to Arguments
Applicant does not appear to address this rejection. Therefore, the rejection is maintained.
Conclusion
Claims 1-16 and 18-20 are rejected.
No claims allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEZAH ROBERTS whose telephone number is (571)272-1071. The examiner can normally be reached on Monday-Friday 11:00-7:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sahana Kaup can be reached on 571-272-6897. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEZAH ROBERTS/Primary Examiner, Art Unit 1612
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