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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2026/07/02 has been entered.
This Office action is in response to Applicant's amendment filed 2026/07/02. Applicant has amended claim 1. Currently, claims 1-15 remain pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 is amended by a newly added limitation “wherein the delivery particles are substantially free of an additional emulsifier” which is not supported by submitted specification.
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 1-15 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 recites the limitation “wherein the delivery particles are substantially free of an additional emulsifier” in last line. There is insufficient antecedent basis for this limitation in the claim. It is not known what is meant by “additional emulsifier”.in view of the fact that that there is no mention of a prior limitation such as “emulsifier” in the claim.
Applicant is required to clarify the above indefiniteness.
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, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Feng (2021/0339217 A1) in view of Bulgarelli et al. US 2020/0360243 A1).
Regarding claims 1, 6 and 13, Feng teaches a treatment composition for laundry cleaning detergent, dishwashing and personal cleaning; [43, 109, 115, 134], comprising delivery particles (microcapsules); [105-109], having core for containing benefit agents and shell of polyurea resin by reaction of polyisocyanide monomer (crosslinking agent, instant claim 6), oligomer and hydrolyzed chitosan; [27, 49-50] with molecular weight of 95 KDa or less; [22, 36, claim 7]. Note that, “a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected [the claimed product and a product disclosed in the prior art] to have the same properties.” Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985). [MPEP 2131.03, R6].
Regarding claims 1 and 2, Feng does not teach higher amounts of molecular weight. However, the analogous art of Bulgarelli teaches a consumer product composition utilized for laundry, soap bar, shampoo and household surface cleaner; [claim 14], comprising microcapsules comprising core and shell polymer similarly chosen from chitosan and polyisocyanate with molecular weight of 100-500 KDa; [32]. At the time before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to provide a shell polymer with higher molecular weight with the motivation of optimizing its dissolution in the washing liquid and thus adjusting its delivery time for cleaning purpose, as taught by Bulgarelli above.
For the instant new added limitation (additional emulsifier) please see the above-mentioned 112 rejections.
Regarding claims 3-5, Feng teaches a degree of acetylation of 50%; [40], and an acid treated chitosan, by strong acid such as HCl, at 85 deg. C. ; [45-46], wherein the microcapsule is naturally and expectedly cationic (i.e. cationically modified); [42].
Regarding claims 7-10, Feng teaches the ratio of chitosan/crosslinking is 21-90/79-10 which renders the instantly claimed range obvious. Feng teaches the benefit agent such as fragrance; [41, 56], a partitioning modifier; [61], and delivery particles’ size are 1-100 micron; [42, claim 23].
Regarding claims 11-12 and 14, Feng teaches the particles disintegrate 50% after 20 days or 60% after 28 days (OECD method); [40, 103-104, table 2]. Treatment composition of Feng comprises adjunct ingredients such as surfactants, builders, chelating agent, dye transfer inhibiting agent, dispersant and enzyme; [171]. The amount of water is 5-95%; [255, tables 2-4].
Regarding claim 15, Feng teaches a method of washing a laundry fabric by contacting the surface with the composition of claim 1; [109, 132, 160-161].
Response to Arguments
Applicant's arguments filed 2026/07/02 have been fully considered but they are not persuasive. Because,
In response to applicant’s argument (pages 5 & 6) that; “Applicant submits that the combination of Feng and Bulgarelli is improper. Specifically, the mechanisms of the processes used in Feng and Bulgarelli are at odds. Applicant submits that Bulgarelli's encapsulation procedure relies on a separate emulsifier such as (Polyvinyl alcohol (PVA) or Polyvinylpyrrolidone (PVP)) beyond the capsule wall materials to stabilize the perfume droplets and enable capsule crosslinking. The separate emulsifier is the key interfacial stabilizer; the chitosan does not perform that primary stabilizing function, but instead is part of the shell matrix formed within a emulsifier stabilized system”. It should be noted that the instantly submitted claims are related and directed to a composition encapsulated in delivery particles without any limitation(s) or any reference to any process or method of making. The submitted arguments are still not commensurate with scope of the claim(s) and have no relation to merits or limitations of the claim(s) at hand. The instant claims are solely and specifically directed to a composition regardless to way(s) and processes utilized in their manufacturing. It should be noted that the combination of Bulgarelli and Feng is only and only because Feng’s provides a chitosan with molecular weight of 100 to 500 KD and no more. In this interpretation of the claim(s) the way and means or chemical synthesis of the shell is of no relevance and in fact lacks any relationship with the claimed composition. Instant claims are a “composition” claim and not a “method” claim.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dr. M. Reza Asdjodi whose telephone number is (571)270-3295. The examiner can normally be reached on 10 AM- 8 PM Flex..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dr. Mark Eashoo can be reached on 571-272-1197. The fax phone number
for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.R.A./
Examiner, Art Unit 1767
2026/08/22
/MARK EASHOO/Supervisory Patent Examiner, Art Unit 1767
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