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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 11, 2025 has been entered.
Claims 1-10 are pending. Claim 1 is currently amended.
All prior art rejections are withdrawn in view of Applicant’s amendment. However, please see new ground of rejections below.
Claim Objections
Claims 7 and 10 are objected to because of the following informalities:
a. in claim 7, it is suggested that “flexible” before “sheets” in line 2 be replaced with “flexible, porous, dissolvable” and in line 3, it is suggested that “porous, dissolvable sheets,” be deleted
b. in claim 10, line 1, “a” before “the solid” (first occurrence) should be deleted.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 5 recites “said cationic surfactant is a quaternary ammonium compound, an amine compound or a combination thereof” in lines 1-3, however, claim 1 to which this claim is dependent upon already recites “said cationic surfactant comprises diethyl ester dimethyl ammonium chloride” in line 3, which is a species of the quaternary ammonium compound, and is not an amine compound. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
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 1-10 are rejected under 35 U.S.C. 103 as being obvious over Tan et al. (US 2020/0308517, already of record), hereinafter “Tan ‘517” in view of Fossum et all (US 2011/0023240, already cited in IDS dated 03/04/2024), hereinafter “Fossum.”
The applied reference to Tan ‘517 has a common inventor (i.e., H. Tan) with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Regarding claims 1-2, 5 and 10, Tan ‘517 teaches a multilayer dissolvable solid article, which comprises two or more flexible, dissolvable, porous sheets, wherein each of such two or more sheets is characterized by a Percent Open Cell Content of from about 80% to 100% and an Overall Average Pore Size of from about 100 µm to about 2000 µm and comprises a water-soluble polymer (see abstract). Tan ‘517 also teaches that at least one of said two or more flexible, dissolvable, porous sheets comprises from about 30% to about 90% of a surfactant by total weight of said sheet (see paragraph [0014]; claim 10), and from about 0.1% to about 25% of a plasticizer by total weight of said sheet (see paragraph [0016]; claim 11). The sheet comprises one or more surfactants selected from the group consisting of anionic surfactants, nonionic surfactants, cationic surfactants, zwitterionic surfactants, amphoteric surfactants, polymeric surfactants or combinations thereof (see paragraph [0129]). Suitable cationic surfactants include quaternary ammonium compounds (see paragraphs [0151]-[0154]). The flexible, porous, dissolvable solid sheet further comprises a plasticizer, preferably in the amount ranging from about 0.1% to about 25% by total weight of said solid sheet (see paragraph [0156]). Tan ‘517 also teaches a method for making flexible, porous, dissolvable solid sheets, which comprises the steps of: (a) forming a pre-mixture containing raw materials (e.g., the water-soluble polymer, active ingredients such as surfactants, and a plasticizer) dissolved or dispersed in water or a suitable solvent; (b) aerating said pre-mixture (e.g., by introducing a gas into the wet slurry) to form an aerated wet pre-mixture; (c) forming said aerated wet pre-mixture into a sheet having opposing first and second sides; and (d) drying said formed sheet (see paragraph [0079]). Tan ‘517 also teaches that the solid sheet formed by the inventive heating/drying arrangement of the present invention is characterized by a more uniform pore size distribution between different regions along its thickness direction, in comparison with the sheets formed by prior art heating/drying arrangement; specifically, the solid sheet comprises a top region adjacent to the top surface, a bottom region adjacent to the bottom surface, and a middle region therebetween, while the top, middle, and bottom regions all have the same thickness; and each of the top, middle and bottom regions of such solid sheet is characterized by an Average Pore Size, while the ratio of Average Pore Size in the bottom region over that in the top region (i.e., bottom-to-top Average Pore Size ratio) is from about 0.6 to about 1.5 (see paragraph [0110]). Tan ‘517, however, fails to specifically disclose the specific surfactant in the article, i.e., cationic surfactant which comprises diethyl ester dimethyl ammonium chloride; and the weight ratio of the plasticizer to the cationic surfactant of from about 0.9 to about 2 (or about 0.9:1 to about 2:1) as recited in independent claims 1 and 10, or from about 1 to about 1.8 (or about 1:1 to about 1.8:1) as recited in claim 2.
It is known from Fossum, an analogous art, that a cationic surfactant used in the preparation of a dissolvable porous solid article for use in fabric conditioning is DEEDMAC, i.e., diethyl ester dimethyl ammonium chloride (see Example 5 in paragraph [0180]), see also abstract and paragraph [0015]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected a cationic surfactant as the specific surfactant in the article because this is one of the suitable surfactants suggested by Tan ‘517 in paragraph [0129] and to specifically use DEEDMAC, i.e., diethyl ester dimethyl ammonium chloride, because this is the preferred cationic surfactant for use in fabric conditioning as taught by Fossum.
With respect to the weight ratio of the plasticizer to the cationic surfactant, considering that Tan ‘517 teaches from about 0.1% to about 25% of a plasticizer by total weight of said sheet, and from about 30% to about 90% of a surfactant, like cationic surfactant, by total weight of said sheet, as the word “about” permits some tolerance (see In re Ayers, 69 USPQ 109, and In re Erickson, 145 USPQ 207), the about 25 wt% plasticizer and about 30 wt% surfactant of Tan ‘517, whose weight ratio is about 25 to about 30, or about 0.83:1 may be considered to read on the about 0.9:1 as recited in instant claim 1, and the about 1:1 as recited in instant claim 2.
Regarding claim 3, Tan ‘517 in view of Fossum teaches the features as discussed above. As discussed above, Tan ‘517 teaches from about 0.1% to about 25% of a plasticizer by total weight of said sheet (see paragraph [0016]; claim 11). Tan ‘517 in view of Fossum, however, fails to specifically disclose from 1% to 65% of said plasticizer by total weight of the article as recited in claim 3.
Considering that Tan ‘517 teaches from about 0.1% to about 25% of a plasticizer by total weight of said sheet, 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 (i.e., 1 wt% to 25 wt%) because overlapping ranges have been held to be a prima facie case of obviousness, see In 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).
Regarding claim 4, Tan ‘517 in view of Fossum teaches the features as discussed above. In addition, Tan ‘517 teaches that the plasticizer is selected from the group consisting of glycerin, ethylene glycol, polyethylene glycol, propylene glycol, and combinations thereof (see paragraph [0016]).
Regarding claim 6, Tan ‘517 in view of Fossum teaches the features as discussed above. In addition, Tan ‘517 teaches that the at least one of said two or more flexible, dissolvable, porous sheets comprises from 5% to 50% of said water-soluble polymer by total weight of said sheet (see paragraph [0013] and claim 13).
Regarding claims 7-8, Tan ‘517 in view of Fossum teaches the features as discussed above. In addition, Tan ‘517 teaches that one or more functional ingredients (non-adhesives) can be “sandwiched” between individual sheets of the multilayer dissolvable solid article e.g., by spraying, sprinkling, dusting, coating, spreading, dipping, injecting, or even vapor deposition; and in order to avoid interference of such functional ingredients with the cutting seal or edge seal near the peripherals of the individual sheets, it is preferred that such functional ingredients are located within a central region between two adjacent sheets (see paragraph [0180]). Suitable functional ingredients can be selected from the group consisting of cleaning actives (surfactants, free perfumes, encapsulated perfumes, perfume microcapsules, silicones, enzymes, bleaches, colorants, rheology modifiers, and combinations thereof) (see paragraph [0181]). The surfactant may include alkyl ether sulfate (see paragraph [0134]).
Regarding claim 9, Tan ‘517 in view of Fossum teaches the features as discussed above. With respect to the weight ratio of the coating, i.e. one or more functional ingredients “sandwiched” between individual sheets of the multilayer dissolvable solid article, while Tan ‘517 is silent to the amount of the one or more functional ingredients (coating) based on the multilayer dissolvable solid article (total article), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect the amount of the coating on the total article to be non-critical, which means that the amount can vary in a wide range, hence, would overlap those recited. In addition, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have optimized the amount of the coating on the total article through routine experimentation for best results.
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Claims 1-6 and 10 are rejected under 35 U.S.C. 103 as being obvious over Bartolucci et al. (US 2021/0107263), hereinafter “Bartolucci” in view of Fossum.
The applied reference to Bartolucci has a common Applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Regarding claims 1-3 and 10, Bartolucci teaches a sachet that contains a solid article (see paragraph [0001]), i.e., an open cell foam (OCF) article that comprises a flexible, porous, dissolvable solid sheet, wherein the OCF article can comprise a water-soluble polymer (see paragraph [0088]), wherein said solid sheet OCF article can have (i) a thickness ranging from about 0.5 mm to about 4 mm, and (see paragraph [0089]) (ii) a Percent Open Cell Content of from about 80% to 100%; and (see paragraph [0090]) (iii) an Overall Average Pore Size of from about 100 μm to about 2000 μm; (see paragraph [0091]) wherein said solid sheet OCF article has opposing top and bottom surfaces, said top surface having a Surface Average Pore Diameter that is greater than about 100 μm; (see paragraph [0092]) wherein said solid sheet OCF article comprises a top region adjacent to the top surface, a bottom region adjacent to the bottom surface, and a middle region therebetween; wherein said top, middle, and bottom regions have the same thickness, and each of said top, middle and bottom regions is characterized by an Average Pore Size; and wherein the ratio of Average Pore Size in said bottom region over that in said top region is from about 0.6 to about 1.5, most alternatively from about 1 to about 1.2 (see paragraph [0093]). In addition to the water-soluble polymer, the solid sheet OCF article can comprise one or more surfactants selected from the group consisting of anionic surfactants, nonionic surfactants, cationic surfactants, zwitterionic surfactants, amphoteric surfactants, polymeric surfactants or combinations thereof (see paragraph [0113]-[0114]). The cationic surfactants can be utilized in the OCF articles, especially in fabric softener and hair conditioner products, and when used in making products that contain cationic surfactants as the major surfactants, such cationic surfactants can be present in an amount ranging from about 2% to about 30% by total weight of the solid sheet OCF article (see paragraph [0133]). The OCF article can optionally comprises a plasticizer in the amount ranging from about 0.1% to about 25%, by total weight of said solid sheet OCF article (see paragraph [0140]). Bartolucci also teaches a process for forming flexible, porous, dissolvable solid sheet OCF articles by first preparing a pre-mixture containing various materials, then aerating the pre-mixture by introducing a gas thereinto, followed by forming the aerated pre-mixture into a sheet, and finally drying the sheet at an elevated temperature (see paragraph [0155]). Bartolucci, however, fails to specifically disclose the specific surfactant in the article, i.e., cationic surfactant which comprises diethyl ester dimethyl ammonium chloride; and the weight ratio of the plasticizer to the cationic surfactant of from about 0.9 to about 2 (or about 0.9:1 to about 2:1) as recited in independent claims 1 and 10, or from about 1 to about 1.8 (or about 1:1 to about 1.8:1) as recited in claim 2; and the plasticizer in an amount from 1% to 65% by total weight of the article as recited in claim 3.
It is known from Fossum, an analogous art, that a cationic surfactant used in the preparation of a dissolvable porous solid article for use in fabric conditioning is DEEDMAC, i.e., diethyl ester dimethyl ammonium chloride (see Example 5 in paragraph [0180]), see also abstract and paragraph [0015]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected a cationic surfactant as the specific surfactant in the article because this is one of the suitable surfactants suggested by Bartolucci in paragraph [0114] and to specifically use DEEDMAC, i.e., diethyl ester dimethyl ammonium chloride, because this is the preferred cationic surfactant for use in fabric conditioning as taught by Fossum.
With respect to the weight ratio of the plasticizer to the cationic surfactant, and the amount of the plasticizer, considering that Bartolucci teaches a plasticizer in the amount ranging from about 0.1% to about 25%, by total weight of said solid sheet OCF article (see paragraph [0140]), and cationic surfactant in the amount from about 2% to about 30% by total weight of the solid sheet OCF article (see paragraph [0133]), 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 (e.g., 10 wt% plasticizer:10 wt% cationic surfactant or 1:1) because overlapping ranges have been held to be a prima facie case of obviousness, see In 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).
Regarding claim 4, Bartolucci in view of Fossum teaches the features as discussed above. In addition, Bartolucci teaches that the plasticizer can include, for example, polyols, copolyols, polycarboxylic acids, polyesters, dimethicone copolyols (see paragraph [0141]).
Regarding claim 5, Bartolucci in view of Fossum teaches the features as discussed above. In addition, Bartolucci teaches suitable cationic surfactants like amine compounds and quaternary ammonium compounds (see paragraphs [0134]-[0137]).
Regarding claim 6, Bartolucci in view of Fossum teaches the features as discussed above. In addition, Bartolucci teaches that the water-soluble polymer in the OCF article, after drying, can be from about 10% to about 40%, alternatively from about 15% to about 30%, alternatively from about 20% to about 25%, by total weight of the solid sheet OCF article (see paragraph [0102]).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Claims 1-10 are rejected under 35 U.S.C. 103 as being obvious over Tan et al. (US 2021/0121373), hereinafter “Tan ‘373” in view of Fossum.
The applied reference to Tan ‘373 has a common inventor (i.e., H. Tan) with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Regarding claims 1-3, 7 and 10, Tan ‘373 teaches a dissolvable solid article comprising two or more flexible, porous, dissolvable sheets, wherein each of the two or more sheets comprises a water-soluble polymer and a first surfactant and is characterized by a Percent Open Cell Content of from 80% to 100% and an Overall Average Pore Size of from 100 μm to 2000 μm; and wherein a coating composition comprising a second surfactant is present on at least one surface of at least one of the two or more sheets, provided that the coating composition is not on any of the outer surfaces of the dissolvable solid article (see paragraph [0008]). The first surfactant is selected from the group consisting of anionic surfactants, nonionic surfactants, cationic surfactants, zwitterionic surfactants, amphoteric surfactants, polymeric surfactants and any combinations thereof (see paragraph [0115]). The solid sheet comprises a top region adjacent to the top surface, a bottom region adjacent to the bottom surface, and a middle region therebetween, while the top, middle, and bottom regions all have the same thickness; and each of the top, middle and bottom regions of such solid sheet is characterized by an Average Pore Size, while the ratio of Average Pore Size in the bottom region over that in the top region (i.e., bottom-to-top Average Pore Size ratio) is from about 0.6 to about 1.5 (see paragraph [0085]). The flexible, porous, dissolvable solid sheet may further comprise a plasticizer, preferably in the amount ranging from about 0.1% to about 25% by total weight of the solid sheet (see paragraph [0142]). The cationic surfactants are present in an amount ranging from about 2% to about 30% by total weight of the solid sheet (see paragraph [0135]). Tan ‘373 also teaches a method for making flexible, porous, dissolvable solid sheets, which comprises the steps of: (a) forming a pre-mixture containing raw materials (e.g., the water-soluble polymer, active ingredients such as surfactants, and optionally a plasticizer) dissolved or dispersed in water or a suitable solvent, (b) aerating the pre-mixture (e.g., by introducing a gas into the wet slurry) to form an aerated wet pre-mixture; (c) forming the aerated wet pre-mixture into a sheet having opposing first and second sides; and (d) drying the formed sheet (see paragraph [0056]). Tan ‘373, however, fails to specifically disclose the specific surfactant in the article, i.e., cationic surfactant which comprises diethyl ester dimethyl ammonium chloride; and the weight ratio of the plasticizer to the cationic surfactant of from about 0.9 to about 2 (or about 0.9:1 to about 2:1) as recited in independent claims 1 and 10, or from about 1 to about 1.8 (or about 1:1 to about 1.8:1) as recited in claim 2; and the plasticizer in an amount from 1% to 65% by total weight of the article as recited in claim 3.
It is known from Fossum, an analogous art, that a cationic surfactant used in the preparation of a dissolvable porous solid article for use in fabric conditioning is DEEDMAC, i.e., diethyl ester dimethyl ammonium chloride (see Example 5 in paragraph [0180]), see also abstract and paragraph [0015]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected a cationic surfactant as the specific surfactant in the article because this is one of the suitable surfactants suggested by Tan ‘373 in paragraph [0115] and to specifically use DEEDMAC, i.e., diethyl ester dimethyl ammonium chloride, because this is the preferred cationic surfactant for use in fabric conditioning as taught by Fossum.
With respect to the weight ratio of the plasticizer to the cationic surfactant, and the amount of the plasticizer, considering that Tan ‘373 teaches from about 0.1% to about 25% of a plasticizer by total weight of said sheet, and from about 2% to about 30% of a cationic surfactant, by total weight of said sheet, 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 (e.g., 10 wt% plasticizer:10 wt% cationic surfactant or 1:1) because overlapping ranges have been held to be a prima facie case of obviousness, see In 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).
Regarding claim 4, Tan ‘373 in view of Fossum teaches the features as discussed above. In addition, Tan ‘373 teaches that the suitable plasticizers include, for example, polyols, copolyols, polycarboxylic acids, polyesters, dimethicone copolyols, and the like (see paragraph [0143]).
Regarding claim 5, Tan ‘373 in view of Fossum teaches the features as discussed above. In addition, Tan ‘373 teaches suitable cationic surfactants like quaternary ammonium compounds (see paragraph [0139]).
Regarding claim 6, Tan ‘373 in view of Fossum teaches the features as discussed above. In addition, Tan ‘373 teaches that is preferred that the water-soluble polymer is present in the flexible, porous, dissolvable solid sheet in an amount ranging from about 5% to about 50%, by total weight of the solid sheet (see paragraph [0105]).
Regarding claim 8, Tan ‘373 in view of Fossum teaches the features as discussed above. In addition, Tan ‘373 teaches that in a preferred embodiment, the second surfactant may be selected from the group consisting of a C6-C20 linear alkylbenzene sulfonate (LAS), a C6-C20 linear or branched alkylalkoxy sulfates (AAS) having a weight average degree of alkoxylation ranging from 0.5 to 10, a C6-C20 linear or branched alkylalkoxylated alcohols (AA) having a weight average degree of alkoxylation ranging from 5 to 15, a C6-C20 linear or branched alkyl sulfates (AS) and any combinations thereof (see paragraph [0163]).
Regarding claim 9, Tan ‘373 in view of Fossum teaches the features as discussed above. In addition, Tan ‘373 teaches in Table 12, Article 2 comprising two sheets and a coating composition without solvent, wherein the ratio of the coating composition to the two sheets is 0.250:444 or 0.56:1 (see paragraph [0273]).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Claims 1-6 and 10 are rejected under 35 U.S.C. 103 as being obvious over Mac Namara et al. (US 2021/0163698, already cited in IDS dated 03/04/2024), hereinafter “Mac Namara” in view of Fossum.
The applied reference to Mac Namara has a common inventor (i.e., H. Tan) with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Regarding claims 1-3 and 10, Mac Namara teaches a flexible, porous, dissolvable solid sheet article comprising a water-soluble polymer and a surfactant, wherein the solid sheet article is characterized by a Percent Open Cell Content of from 80% to 100%; and an Overall Average Pore Size of from 100 μm to 2000 μm (see paragraph [0015]). The solid sheet article may comprise a top region adjacent to the top surface, a bottom region adjacent to the bottom surface, and a middle region therebetween; wherein the top, middle, and bottom regions have the same thickness, and each of the top, middle and bottom regions is characterized by an Average Pore Size; and particularly, the ratio of Average Pore Size in the bottom region over that in the top region may be from about 0.6 to about 1.5 (see paragraph [0016]). The solid sheet article comprises one or more surfactants selected from the group consisting of anionic surfactants, nonionic surfactants, cationic surfactants, zwitterionic surfactants, amphoteric surfactants, polymeric surfactants or combinations thereof (see paragraph [0133]). The cationic surfactants are present in an amount ranging from about 2% to about 30% by total weight of the solid sheet article (see paragraph [0152]). The flexible, porous, dissolvable solid sheet article further comprises a plasticizer, preferably in the amount ranging from about 0.1% to about 25% by total weight of said solid sheet article (see paragraph [0159]). Mac Namara also teaches a method for making flexible, porous, dissolvable solid sheet articles, which comprises the steps of: (a) forming a pre-mixture containing raw materials (e.g., the water-soluble polymer, active ingredients such as surfactants, and optionally a plasticizer) dissolved or dispersed in water or a suitable solvent; (b) aerating said pre-mixture (e.g., by introducing a gas into the wet slurry) to form an aerated wet pre-mixture; (c) aging the aerated wet pre-mixture for at least 5 min; (d) forming the aerated wet pre-mixture into a sheet having opposing first and second sides; and (e) drying the formed sheet (see paragraph [0076]). Mac Namara, however, fails to specifically disclose the specific surfactant in the article, i.e., cationic surfactant which comprises diethyl ester dimethyl ammonium chloride; and the weight ratio of the plasticizer to the cationic surfactant of from about 0.9 to about 2 (or about 0.9:1 to about 2:1) as recited in independent claims 1 and 10, or from about 1 to about 1.8 (or about 1:1 to about 1.8:1) as recited in claim 2; and the plasticizer in an amount from 1% to 65% by total weight of the article as recited in claim 3.
It is known from Fossum, an analogous art, that a cationic surfactant used in the preparation of a dissolvable porous solid article for use in fabric conditioning is DEEDMAC, i.e., diethyl ester dimethyl ammonium chloride (see Example 5 in paragraph [0180]), see also abstract and paragraph [0015]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected a cationic surfactant as the specific surfactant in the article because this is one of the suitable surfactants suggested by Mac Namara in paragraph [0133] and to specifically use DEEDMAC, i.e., diethyl ester dimethyl ammonium chloride, because this is the preferred cationic surfactant for use in fabric conditioning as taught by Fossum.
With respect to the weight ratio of the plasticizer to the cationic surfactant, and the amount of the plasticizer, considering that Mac Namara teaches plasticizer in the amount ranging from about 0.1% to about 25% by total weight of said solid sheet article, and cationic surfactant from about 2% to about 30% by total weight of the solid sheet article, 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 (e.g., 10 wt% plasticizer:10 wt% cationic surfactant or 1:1) because overlapping ranges have been held to be a prima facie case of obviousness, see In 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).
Regarding claim 4, Mac Namara in view of Fossum teaches the features as discussed above. In addition, Mac Namara teaches that the plasticizer can include, for example, polyols, copolyols, polycarboxylic acids, polyesters, dimethicone copolyols (see paragraph [0160]).
Regarding claim 5, Mac Namara in view of Fossum teaches the features as discussed above. In addition, Mac Namara teaches suitable cationic surfactants like amine compounds and quaternary ammonium compounds (see paragraphs [0153]-[0155]).
Regarding claim 6, Mac Namara in view of Fossum teaches the features as discussed above. In addition, Mac Namara teaches that the water-soluble polymer, after drying, is present in the flexible, porous, dissolvable solid sheet article in an amount ranging from about 5% to about 40% by total weight of the solid sheet article. (see paragraph [0122]).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Claims 1-6 and 10 are rejected under 35 U.S.C. 103 as being obvious over Tan et al. (US 2021/0332212), hereinafter “Tan ‘212” in view of Fossum.
The applied reference to Tan ‘212 has a common inventor (i.e., H. Tan) with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Regarding claims 1-3 and 10, Tan ‘212 teaches a flexible, porous, dissolvable solid sheet article that comprises a water-soluble polymer, wherein said solid sheet article is characterized by a Percent Open Cell Content of from about 80% to 100%; and an Overall Average Pore Size of from about 100 μm to about 2000 μm; wherein said solid sheet article comprises a top region adjacent to the top surface, a bottom region adjacent to the bottom surface, and a middle region therebetween; wherein said top, middle, and bottom regions have the same thickness, and each of said top, middle and bottom regions is characterized by an Average Pore Size; and wherein the ratio of Average Pore Size in said bottom region over that in said top region is from about 0.6 to about 1.5 (see paragraph [0019]). In addition to the water-soluble polymer, the solid sheet article comprises one or more surfactants selected from the group consisting of anionic surfactants, nonionic surfactants, cationic surfactants, zwitterionic surfactants, amphoteric surfactants, polymeric surfactants or combinations thereof (see paragraphs [0115]-[0116]). The cationic surfactants are present in an amount ranging from about 2% to about 30% by total weight of the solid sheet article (see paragraph [0136]). The flexible, porous, dissolvable solid sheet article further comprises a plasticizer, preferably in the amount ranging from about 0.1% to about 25% by total weight of said solid sheet article (see paragraph [0142]). Tan ‘212 also teaches a method for making flexible, porous, dissolvable solid sheet articles, which comprises the steps of: (a) forming a pre-mixture containing raw materials (e.g., the water-soluble polymer, active ingredients such as surfactants, and optionally a plasticizer) dissolved or dispersed in water or a suitable solvent; (b) aerating said pre-mixture (e.g., by introducing a gas into the wet slurry) to form an aerated wet pre-mixture; (c) forming said aerated wet pre-mixture into a sheet having opposing first and second sides; and (e) drying the formed sheet (see paragraph [0067]). Tan ‘212, however, fails to specifically disclose the specific surfactant in the article, i.e., cationic surfactant which comprises diethyl ester dimethyl ammonium chloride; and the weight ratio of the plasticizer to the cationic surfactant of from about 0.9 to about 2 (or about 0.9:1 to about 2:1) as recited in independent claims 1 and 10, or from about 1 to about 1.8 (or about 1:1 to about 1.8:1) as recited in claim 2; and the plasticizer in an amount from 1% to 65% by total weight of the article as recited in claim 3.
It is known from Fossum, an analogous art, that a cationic surfactant used in the preparation of a dissolvable porous solid article for use in fabric conditioning is DEEDMAC, i.e., diethyl ester dimethyl ammonium chloride (see Example 5 in paragraph [0180]), see also abstract and paragraph [0015]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected a cationic surfactant as the specific surfactant in the article because this is one of the suitable surfactants suggested by Tan ‘212 in paragraphs [0115]-[0116]) and to specifically use DEEDMAC, i.e., diethyl ester dimethyl ammonium chloride, because this is the preferred cationic surfactant for use in fabric conditioning as taught by Fossum.
With respect to the weight ratio of the plasticizer to the cationic surfactant, and the amount of the plasticizer, considering that Tan ‘212 teaches plasticizer in the amount ranging from about 0.1% to about 25% by total weight of said solid sheet article, and cationic surfactant from about 2% to about 30% by total weight of the solid sheet article, 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 (e.g., 10 wt% plasticizer:10 wt% cationic surfactant or 1:1) because overlapping ranges have been held to be a prima facie case of obviousness, see In 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).
Regarding claim 4, Tan ‘212 in view of Fossum teaches the features as discussed above. In addition, Tan ‘212 teaches that the suitable plasticizers include, for example, polyols, copolyols, polycarboxylic acids, polyesters, dimethicone copolyols (see paragraph [0143]).
Regarding claim 5, Tan ‘212 in view of Fossum teaches the features as discussed above. In addition, Tan ‘212 teaches suitable cationic surfactants like amine compounds and quaternary ammonium compounds (see paragraphs [0137]-[0140]).
Regarding claim 6, Tan ‘212 in view of Fossum teaches the features as discussed above. In addition, Tan ‘212 teaches that the water-soluble polymer, after drying, is present in the flexible, porous, dissolvable solid sheet article in an amount ranging from about 10% to about 40% by total weight of the solid sheet article. (see paragraph [0106]).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Claims 1-6 and 10 are rejected under 35 U.S.C. 103 as being obvious over Tan et al. (US 2021/0332312), hereinafter “Tan ‘312” in view of Fossum.
The applied reference to Tan ‘312 has a common inventor (i.e., H. Tan) with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Regarding claims 1-3 and 10, Tan ‘312 teaches a dissolvable solid article comprising two or more flexible, dissolvable, porous sheets, wherein each of said two or more sheets comprises a water-soluble polymer and a surfactant and is characterized by a Percent Open Cell Content of from about 80% to 100% and an Overall Average Pore Size of from about 100 μm to about 2000 μm (see paragraph [0006]). The solid sheet also comprises a top region adjacent to the top surface, a bottom region adjacent to the bottom surface, and a middle region therebetween, while the top, middle, and bottom regions all have the same thickness; and each of the top, middle and bottom regions of such solid sheet is characterized by an Average Pore Size, while the ratio of Average Pore Size in the bottom region over that in the top region (i.e., bottom-to-top Average Pore Size ratio) is from about 0.6 to about 1.5 (see paragraph [0093]).
The solid sheet article comprises one or more surfactants selected from the group consisting of anionic surfactants, nonionic surfactants, cationic surfactants, zwitterionic surfactants, amphoteric surfactants, polymeric surfactants or combinations thereof (see paragraphs [0113]). The cationic surfactants are present in an amount ranging from about 2% to about 30% by total weight of the solid sheet (see paragraph [0133]). The flexible, porous, dissolvable solid sheet article further comprises a plasticizer, preferably in the amount ranging from about 0.1% to about 25% by total weight of said solid sheet (see paragraph [0139]). Tan ‘312 also teaches a method for making flexible, porous, dissolvable solid sheet articles, which comprises the steps of: (a) forming a pre-mixture containing raw materials (e.g., the water-soluble polymer, active ingredients such as surfactants, and optionally a plasticizer) dissolved or dispersed in water or a suitable solvent; (b) aerating said pre-mixture (e.g., by introducing a gas into the wet slurry) to form an aerated wet pre-mixture; (c) forming said aerated wet pre-mixture into a sheet having opposing first and second sides; and (e) drying the formed sheet (see paragraph [0063]). Tan ‘312, however, fails to specifically disclose the specific surfactant in the article, i.e., cationic surfactant which comprises diethyl ester dimethyl ammonium chloride; and the weight ratio of the plasticizer to the cationic surfactant of from about 0.9 to about 2 (or about 0.9:1 to about 2:1) as recited in independent claims 1 and 10, or from about 1 to about 1.8 (or about 1:1 to about 1.8:1) as recited in claim 2; and the plasticizer in an amount from 1% to 65% by total weight of the article as recited in claim 3.
It is known from Fossum, an analogous art, that a cationic surfactant used in the preparation of a dissolvable porous solid article for use in fabric conditioning is DEEDMAC, i.e., diethyl ester dimethyl ammonium chloride (see Example 5 in paragraph [0180]), see also abstract and paragraph [0015]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected a cationic surfactant as the specific surfactant in the article because this is one of the suitable surfactants suggested by Tan ‘312 in paragraph [0113] and to specifically use DEEDMAC, i.e., diethyl ester dimethyl ammonium chloride, because this is the preferred cationic surfactant for use in fabric conditioning as taught by Fossum.
It 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 cationic surfactant as the specific surfactant in the article because this is one of the suitable surfactants suggested by Tan ‘312 in paragraph [0113].
With respect to the weight ratio of the plasticizer to the cationic surfactant, and the amount of the plasticizer, considering that Tan ‘312 teaches plasticizer in the amount ranging from about 0.1% to about 25% by total weight of said solid sheet, and cationic surfactant from about 2% to about 30% by total weight of the solid sheet, 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 (e.g., 10 wt% plasticizer:10 wt% cationic surfactant or 1:1) because overlapping ranges have been held to be a prima facie case of obviousness, see In 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).
Regarding claim 4, Tan ‘312 in view of Fossum teaches the features as discussed above. In addition, Tan ‘312 teaches that the suitable plasticizers include, for example, polyols, copolyols, polycarboxylic acids, polyesters, dimethicone copolyols (see paragraph [0140]).
Regarding claim 5, Tan ‘312 in view of Fossum teaches the features as discussed above. In addition, Tan ‘312 teaches suitable cationic surfactants like amine compounds and quaternary ammonium compounds (see paragraphs [0134]-[0137]).
Regarding claim 6, Tan ‘312 in view of Fossum teaches the features as discussed above. In addition, Tan ‘312 teaches that the water-soluble polymer, after drying, is present in the flexible, porous, dissolvable solid sheet in an amount ranging from about 10% to about 40% by total weight of the solid sheet article. (see paragraph [0103]).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Claims 1-6 and 10 are rejected under 35 U.S.C. 103 as being obvious over Tan et al. (US 2021/03634472, already cited in IDS dated 03/04/2024), hereinafter “Tan ‘472” in view of Fossum.
The applied reference to Tan ‘472 has a common inventor (i.e., H. Tan) with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Regarding claims 1-3, 6 and 10, Tan ‘472 teaches a solid article in the form of a flexible and dissolvable sheet, which comprises: i) from about 25% to about 70% by weight of said solid article, of a first surfactant selected from the group consisting of C6-C20 linear alkylbenzene sulfonates (LAS), sodium trideceth sulfates (STS) having a weight average degree of alkoxylation ranging from about 0.5 to about 5, and combinations thereof; and ii) from about 5% to about 40% by weight of said solid article, of a second surfactant selected from the group consisting of C6-C20 linear or branched alkylalkoxy sulfates (AAS) having a weight average degree of alkoxylation ranging from about 0.5 to about 10, C6-C20 linear or branched alkylalkoxylated alcohols (AA) having a weight average degree of alkoxylation ranging from about 5 to about 15, and combinations thereof; and iii) from about 5% to about 50% of a polyvinyl alcohol (i.e., water-soluble polymer) having a weight average molecular weight of from about 50,000 to about 400,000 Daltons (see paragraphs [0009]-[0012]). The solid sheet article also comprises one or more surfactants like cationic surfactants (see paragraph [0062]) in an amount ranging from about 2% to about 30% by total weight of the solid sheet (see paragraph [0083]). The flexible and dissolvable solid sheet article further comprises a plasticizer, preferably in the amount ranging from about 0.1% to about 25% by total weight of said solid sheet article (see paragraph [0089]). The solid sheet may be characterized by: (i) a Percent Open Cell Content of from about 80% to 100%; and (ii) an Overall Average Pore Size of from about 100 μm to about 2000 μm (see p