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 Objections
Claims 4, 7, 11, 12, and 15 are objected to because of the following informalities:
Claim 4 should be amended to recite “or mixtures thereof”;
Claim 7 should be amended to recite ram pressure;
for consistency, Claims 11, 12, and 15 should be amended to recite “said aqueous mixture M” in each instance; and
the comma appearing between the words “linear” and “polymer” in Claim 15 should be deleted.
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 2, 8 – 15, and 17 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.
There is a lack of antecedent basis for “the” soil release behavior recited in Claim 2. The claims do not set forth soil release behavior prior to this recitation. Accordingly, the claim will be interpreted as simply setting forth “agents influencing soil release behavior”.
There is a lack of antecedent basis for “the” linear polymer recited in Claims 8 – 10. It is unclear to which of the initially recited “at least one” linear polymer this phrase refers. Accordingly, the claims will be interpreted as setting forth “the at least one” linear polymer. As Claims 12 – 15 depend on Claim 8, they incorporate the indefiniteness thereof and are also rejected under this statute.
There is also a lack of antecedent basis for “the” process recited in Claim 11. The claims do not set forth a process prior this recitation. Accordingly, the claim will be interpreted as simply setting forth “a” process.
There is a lack of antecedent basis for “said” mixture M recited in Claim 12. The claims do not set forth a mixture M prior to this recitation. It is also unclear what weight percentages are being referred to by the phrase “the” weight percentages. For the purposes of examination, Claim 12 will be interpreted as setting forth “The cleaning implement according to claim 11, wherein the at least one surfactant of said aqueous mixture M is a surfactant mixture comprising, based on the total weight of the surfactant mixture, 50 to 80 wt.% of an anionic surfactant and 10 to 50 wt.% of nonionic surfactants.
There is a lack of antecedent basis for “the” curative recited in Claim 13. The claims do not set forth a mixture M prior to this recitation. For the purposes of examination, Claim 13 will be interpreted as setting forth “The cleaning implement according to claim 11, wherein the at least one curative is formic acid.”
There is a lack of antecedent basis for “the” blowing agent recited in Claim 14. The claims do not set forth a mixture M prior to this recitation. For the purposes of examination, Claim 14 will be interpreted as setting forth “The cleaning implement according to claim 11, wherein the at least one blowing agent is pentane.”
There is a lack of antecedent basis for “the” melamine-formaldehyde precondensate, “the” curative, and “the” blowing agent set forth in Claim 15. The claims do not set forth such components prior to these recitations. For the purposes of examination, Claim 15 will be interpreted as setting forth a melamine-formaldehyde precondensate, a curative, and a blowing agent.
There is a lack of antecedent basis for “The” method recited in Claim 17. The claims do not set forth a method of cleaning a hard surface prior this recitation. Accordingly, the claim will be interpreted as simply setting forth “A” method.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 – 10 and 16 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2007/0157948 to Gonzales et al. (hereinafter Gonzales).
Regarding Claims 1 – 4 and 8 – 10. Gonzales teaches a cleaning implement comprising a melamine-formaldehyde foam (Claims 1 and 6).
The melamine formaldehyde foam comprises from about 1 to about 2,500% by weight at least one water-insoluble polymer [0040]. Said at least one water-insoluble polymer may correspond to polyethylene glycol having a number-average molecular weight of about 150 to 5,000 g/mol [0083]. Polyethylene glycol is set forth as a species of linear polymer in instant Claim 10.
The foam may further be brought into contact, i.e. impregnated, with at least one additive. Suitable additives include biocides and organic materials, such as polypropylene, polyethylene, polybutylene, and polystyrene [0186] – [0188]. Each of these materials is set forth in Claims 2 – 4 as a suitable benefit agent.
The Office recognizes that the content of the at least one linear polymer taught by Gonzales of from about 1 to about 2,500% by weight is not identical to the instantly claimed ranges of about 0.1 to about 5 weight percent and about 0.1 about 1.5 weight percent. However, the range taught by Gonzales does overlap with each of the claimed ranges. It has been held that where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPG 90 (CCPA 1976) (MPEP 2144.05) Before the effective filing date of the instantly claimed invention, it would have been obvious to a person of ordinary skill in the art to provide the at least one linear polymer in an amount at the lower end of the range disclosed by Gonzales, e.g. 1 to about 5 weight percent or 1 to about 1.5 weight percent, which is the part of the range that overlaps with the instantly claimed ranges. The motivation would have been that providing an amount at the lower end of the range disclosed by Gonzales would minimize the final weight of the cleaning implement and also material costs associated with its production.
Regarding Claim 5. Gonzales teaches the cleaning implement of Claim 1, wherein the melamine-formaldehyde foam particularly preferably has a density in the range of about 7 to about 300 kg/m3 [0038].
Regarding Claims 6 – 7 and 20. Gonzales teaches the cleaning implement of Claim 1 but is silent regarding its compression set after 24 hours, ram pressure, and compression deflection force. Consequently, the Office recognizes that all of the claimed effects or physical properties are not positively stated by the reference(s). However, Gonzales, when modified in the manner proposed, teaches a product prepared from all of the claimed ingredients in the claimed amounts by a substantially similar process. Therefore, the claimed effects and physical properties - i.e. a compression set after 24 hours, ram pressure, and compression deflection force in the instantly claimed ranges - would implicitly be achieved in a product prepared from all of the claimed ingredients in the claimed amounts by a substantially similar process. See In Re Spada, 911, F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990) and MPEP 2111.01 (I)(II). If it is applicant’s position that this would not be the case: (1) evidence would need to be provided to support the applicant’s position and (2) it would be the Office’s position that the application contains inadequate disclosure as to how to obtain the claimed properties in a product prepared from all of the claimed ingredients in the claimed amounts by a substantially similar process.
Regarding Claim 16. Gonzales teaches the cleaning implement of Claim 1 may comprise a second layer [0024].
Regarding Claim 17. Gonzales teaches a method of cleaning a hard surface comprising bringing the cleaning implement of Claim 1 into contact with a hard surface [0007].
Regarding Claim 18 and 19. Gonzales teaches the cleaning implement of Claim 1, wherein the melamine-formaldehyde foam particularly preferably has a density in the range of about 7 to about 300 kg/m3 [0038]. While this range is not identical to the claimed ranges of about 8 to about 50 or about 8 to about 12 kg/m3, it does overlap with the claimed ranges. It has been held that where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPG 90 (CCPA 1976) (MPEP 2144.05)
Claims 1 – 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0210814 to Gross et al. (hereinafter Gross) in view of US 2007/0157948 to Gonzales et al. (hereinafter Gonzales).
Regarding Claims 1, 2, and 8 – 10. Gross teaches a cleaning sponge/implement comprising a melamine-formaldehyde foam ([0001] and [0094]). The melamine-formaldehyde foam may be impregnated with an emulsion that renders it hydrophobic [0094]. Such emulsions then correspond to hydrophobizing agents, which are set forth as a species of benefit agent in instant Claim 2.
Gross teaches the melamine-formaldehyde foam may comprise more preferably 0 to 5 parts by weight further additives [0067] but does not expressly teach such additives correspond to at least one linear polymer having a molecular weight in the range of 500 to 10,000 g/mol. However, Gonzales teaches polyethylene glycol having a molecular weight in the range of 106 to 6,000 g/mol may be provided as an additive in the preparation of melamine-formaldehyde foams [0197]. Gross and Gonzalez are analogous art as they are from the same field of endeavor, namely melamine-formaldehyde foams. Before the effective filing date of the instantly claimed invention, it would have been obvious to a person of ordinary skill in the art to provide polyethylene glycol having a molecular weight in the range of 106 to 6,000 g/mol, as taught by Gonzalez, as an additive in the melamine-formaldehyde foam of Gross. The motivation would have been that Gonzalez teaches polyethylene glycol having this molecular weight serves as a plasticizer in melamine-formaldehyde foam compositions [0197].
Regarding Claims 6 – 7 and 20. Gross teaches the cleaning implement of Claim 1 but is silent regarding its compression set after 24 hours, ram pressure, and compression deflection force. Consequently, the Office recognizes that all of the claimed effects or physical properties are not positively stated by the reference(s). However, Gross, when modified with Gonzales in the manner proposed, teaches a product prepared from all of the claimed ingredients in the claimed amounts by a substantially similar process. Therefore, the claimed effects and physical properties, i.e. a compression set after 24 hours, ram pressure, and compression deflection force in the instantly claimed ranges, would implicitly be achieved in a product prepared from all of the claimed ingredients in the claimed amounts by a substantially similar process. See In Re Spada, 911, F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990) and MPEP 2111.01 (I)(II). If it is applicant’s position that this would not be the case: (1) evidence would need to be provided to support the applicant’s position and (2) it would be the Office’s position that the application contains inadequate disclosure as to how to obtain the claimed properties in a product prepared from all of the claimed ingredients in the claimed amounts by a substantially similar process.
Regarding Claim 11. Gross teaches the cleaning implement of Claim 1 is formed by a process comprising heating and foaming an aqueous mixture M1) using microwave radiation, wherein said aqueous mixture M1) comprises at least one melamine-formaldehyde precondensate, at least one curative, at least one surfactant, at least one blowing agent, and one or more further additives [0002] – [0011]. It is the Office’s position that it would have been obvious, before the effective filing date of the instantly claimed invention to provide the at least one linear polymer as taught by Gonzales as the one or more further additives for the reasons detailed in the rejection of Claim 1 above.
Regarding Claim 12. Gross teaches the cleaning implement of Claim 11 wherein the at least one surfactant in aqueous mixture M1) is a surfactant mixture comprising, based on the total weight of the surfactant mixture, 50 to 80 wt.% of an anionic surfactant and 10 to 50 wt.% of nonionic surfactants [0021].
Regarding Claim 13. Gross teaches the cleaning implement of Claim 11 wherein the at least one curative may be formic acid [0053].
Regarding Claim 14. Gross teaches the cleaning implement of Claim 11 wherein the at least one blowing agent may be pentane [0052].
Regarding Claim 15. Gross teaches a process of producing the cleaning implement of Claim 8 comprising:
a) producing an aqueous mixture M1) [0002] comprising:
100 parts by weight of at least one melamine-formaldehyde precondensate [0003];
2 to 4 parts by weight of at least one curative [0004];
0.2 to 5 parts by weight of a surfactant mixture [0005];
0.1 to 5 parts by weight of at least one salt of an inorganic acid and/or at least one salt of an organic carboxylic acid [0006];
1 to 40 parts by weight of at least one blowing agent [0007]; and
25 to 60 parts by weight of water [0010].
It is the Office’s position that it would have been obvious, before the effective filing date of the instantly claimed invention, to provide the at least one linear polymer as taught by Gonzales as the one or more further additives in an amount of 0 to 5 parts by weight for the reasons detailed in the rejection of Claim 1 above. Gross further teaches the process comprises:
b) heating and foaming said mixture M1) using microwave radiation [0011];
c) crosslinking and curing the resulting foam using the curative and microwave radiation [0012];
d) drying the foam using microwave radiation [0013]; and
e) annealing the dried foam using hot air [0014]. Annealing is performed a temperature in the range of 150 to 290°C [0083].
Regarding Claim 16. Gross teaches the cleaning implement of Claim 1 may further comprises a covering/second layer [0093].
Regarding Claim 17. Gross teaches the cleaning implement of Claim 1 may have a slightly abrasive effect [0094]. It would then be the Office’s position that a person of ordinary skill in the art would readily envision the disclosed cleaning implement is intended to be used in applications in which is it specifically contacted with a hard surface.
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1 – 12 of U.S. Patent No. 11,224,328 in view of US 2007/0157948 to Gonzales et al. (hereinafter Gonzales). Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variations upon each other.
The claims of U.S. Patent No. 11,224,328 differ from the instant claims in that they do not set forth the melamine-formaldehyde foam is impregnated with a benefit agent. However, Gonzales teaches the concept of impregnating melamine-formaldehyde foams with at least one additive. Suitable additives include biocides and organic materials, such a polypropylene, polyethylene, polybutylene, and polystyrene [0186] – [0188]. Each of these materials is set forth in instant Claims 2 – 4 as a suitable benefit agent. Before the effective filing date of the instantly claimed invention, it would have been obvious to a person of ordinary skill in the art to impregnate the melamine-formaldehyde foam set forth in the claims of U.S. Patent No. 11,224,328 with a benefit agent as taught by Gonzales. The motivation would have been that impregnating the melamine-formaldehyde foam with a benefit agent would provide additional, desirable properties which could be adapted to its intended applications, e.g. biocidal properties which would be desirable when the cleaning implement is to be used in hygienic applications.
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1 – 10 of U.S. Patent No. 11,254,795 in view of US 2007/0157948 to Gonzales et al. (hereinafter Gonzales). Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variations upon each other.
The claims of U.S. Patent No. 11,224,795 differ from the instant claims in that they do not set forth the melamine-formaldehyde foam corresponds to a cleaning implement impregnated with a benefit agent. However, Gonzales teaches the concept of impregnating melamine-formaldehyde foams with at least one additive and using this product as a cleaning implement. Suitable additives include biocides and organic materials, such as polypropylene, polyethylene, polybutylene, and polystyrene ([0008] and [0186] – [0188]). Each of these materials is set forth in instant Claims 2 – 4 as a suitable benefit agent. Before the effective filing date of the instantly claimed invention, it would have been obvious to a person of ordinary skill in the art to impregnate the melamine-formaldehyde foam set forth in the claims of U.S. Patent No. 11,224,328 with a benefit agent as taught by Gonzales and use this foam as cleaning implement. The motivation would have been that impregnating the melamine-formaldehyde foam with a benefit agent would provide additional, desirable properties which could be adapted to its intended cleaning application, e.g. biocidal properties which would be desirable when the cleaning implement is to be used in hygienic applications.
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1 – 12 of U.S. Patent No. 11,259,680 in view of US 2007/0157948 to Gonzales et al. (hereinafter Gonzales). Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variations upon each other.
The claims of U.S. Patent No. 11,259,680 differ from the instant claims in that they do not set forth the melamine-formaldehyde foam is impregnated with a benefit agent. However, Gonzales teaches the concept of impregnating melamine-formaldehyde foams with at least one additive. Suitable additives include biocides and organic materials, such as polypropylene, polyethylene, polybutylene, and polystyrene [0186] – [0188]. Each of these materials is set forth in instant Claims 2 – 4 as a suitable benefit agent. Before the effective filing date of the instantly claimed invention, it would have been obvious to a person of ordinary skill in the art to impregnate the melamine-formaldehyde foam set forth in the claims of U.S. Patent No. 11,259,680 with a benefit agent as taught by Gonzales. The motivation would have been that impregnating the melamine-formaldehyde foam with a benefit agent would provide additional, desirable properties which could be adapted to its intended applications, e.g. biocidal properties which would be desirable when the cleaning implement is to be used in hygienic applications.
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1 – 15 of U.S. Patent No. 11,887,709 in view of US 2007/0157948 to Gonzales et al. (hereinafter Gonzales). Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variations upon each other.
The claims of U.S. Patent No. 11,887,709 differ from the instant claims in that they do not set forth the melamine-formaldehyde foam is impregnated with a benefit agent. However, Gonzales teaches the concept of impregnating melamine-formaldehyde foams with at least one additive. Suitable additives include biocides and organic materials, such as polypropylene, polyethylene, polybutylene, and polystyrene [0186] – [0188]. Each of these materials is set forth in instant Claims 2 – 4 as a suitable benefit agent. Before the effective filing date of the instantly claimed invention, it would have been obvious to a person of ordinary skill in the art to impregnate the melamine-formaldehyde foam set forth in the claims of U.S. Patent No. 11,887,709 with a benefit agent as taught by Gonzales. The motivation would have been that impregnating the melamine-formaldehyde foam with a benefit agent would provide additional, desirable properties which could be adapted to its intended applications, e.g. biocidal properties which would be desirable when the cleaning implement is to be used in hygienic applications.
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1 – 15 of U.S. Patent No. 11,887,710 in view of US 2007/0157948 to Gonzales et al. (hereinafter Gonzales). Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variations upon each other.
The claims of U.S. Patent No. 11,887,710 differ from the instant claims in that they do not set forth the melamine-formaldehyde foam is impregnated with a benefit agent. However, Gonzales teaches the concept of impregnating melamine-formaldehyde foams with at least one additive. Suitable additives include biocides and organic materials, such as polypropylene, polyethylene, polybutylene, and polystyrene [0186] – [0188]. Each of these materials is set forth in instant Claims 2 – 4 as a suitable benefit agent. Before the effective filing date of the instantly claimed invention, it would have been obvious to a person of ordinary skill in the art to impregnate the melamine-formaldehyde foam set forth in the claims of U.S. Patent No. 11,887,710 with a benefit agent as taught by Gonzales. The motivation would have been that impregnating the melamine-formaldehyde foam with a benefit agent would provide additional, desirable properties which could be adapted to its intended applications, e.g. biocidal properties which would be desirable when the cleaning implement is to be used in hygienic applications.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELISSA RIOJA whose telephone number is (571)270-3305. The examiner can normally be reached Monday - Friday 10:00 am - 6:30 pm EST.
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/MELISSA A RIOJA/Primary Examiner, Art Unit 1764
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