DETAILED ACTION
Status of Claims
Claims 1-14 are currently pending. Claims 1-4 and 13 are currently under consideration and are the subject of this Office Action. This is the first Office Action on the merits of the claims. Non-elected claims 5-12 and 14 are withdrawn from consideration. 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 Office Action: Non-Final.
Election/Restrictions
Applicant’s election of the claims of Group I (claims 1-4 and 13) in the response filed on January 19, 2026 (to the December 31, 2025 Requirement for Restriction) is acknowledged. In response to applicant’s election, the claims of Group II (claims 5-10 and 14) and Group III (claims 11-12) are withdrawn from further consideration pursuant to 37 C.F.R. § 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant has elected the claims of Group I with traverse. The traverse is based on applicant’s argument:
[…]. It is respectfully submitted that the search for these sets of claims substantially overlaps. Further, the issues regarding patentability are the same for these sets of claims. Therefore, it is requested that the restriction requirement be withdrawn.
(01/19/2026 Remarks, p. 1, par. 1). In response: , it is noted that since the claims drawn to the instant kit are not patentable, as discussed below, restriction is still deemed proper. Further, it is noted that Groups I, II and III, as originally restricted 12/31/2025 Office action, are in separate areas of classification (i.e., Group I, the kit in CPC D06B 21/00, Group II, a method of preparing in CPC A01N 37/20, and Group III, a fabric in CPC A01P 1/00), wherein the separate classification provides for the inventions of Groups I and II as being distinct, and whereby art that would read on Group I, would not read on claims Groups II or III, and vice versa.
Also in the response dated January 19, 2026, applicant elected the following species: “(a) compound of formula I,” and identified “all of the claims correspond[ing] to the elected species.”
Accordingly, the January 19, 2026 Requirement for Restriction is made FINAL, and claims 1-4 and 13 are examined as follows.
Claim Rejections - Nonstatutory 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 obviousness-type double patenting rejection is appropriate where the conflicting claims 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 conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-4 and 13 are rejected on the ground of nonstatutory double patenting over claims 1-4 and 13 of US Patent 11,856,953 to O et al., hereinafter “‘953 Patent", matured from copending Application No. 17/692,123.
Although the conflicting claims are not identical, they are not patentably distinct because the instant claims as well as the copending claims are drawn to a kit for a launderable bactericidal and virucidal fabric finish formulation for home application comprising a first component having a bactericidal and virucidal agent; a second component comprising one or more crosslinkers, and/or one or more catalysts; and a third component comprising one or more transition metal salts.
Claim 1 is anticipated by claim 1 of the ‘953 Patent. It is noted that claim 1 is broader is scope for drawn to a “kit for a launderable bactericidal and virucidal fabric finish formulation for home application comprising,” whereas claim 1 of the ‘953 Patent is narrower in scope being drawn to “[a] kit for a launderable bactericidal and virucidal fabric finish formulation for home laundry.”
Claim 2 is anticipated by claim 2 of the ‘953 Patent.
Claim 3 is anticipated by claim 3 of the ‘953 Patent.
Claim 4 is anticipated by claim 4 of the ‘953 Patent.
Claim 13 is obvious over claims 1 and 13 of the ‘953 Patent. See MPEP § 2123 [R-5] regarding the obviousness of rearranging a reference according to the teachings of that same reference.
Conclusion
Claims 1-4 and 13 are rejected. No claims are allowed. CN 110 904 679 A by Ge et al., Publ. Mar. 24, 2020, as evidenced by English language translation of CN 110 904 679 A (on 04/24/2024 IDS) is noted as a reference of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC LAZARO whose telephone number is (571)272-2845. The examiner can normally be reached on Monday through Friday, 8:30am to 5:00pm EST; alternating Fridays out.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BETHANY BARHAM can be reached on (571)272-6175. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOMINIC LAZARO/Primary Examiner, Art Unit 1611