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 .
Election/Restrictions
Applicant's election of Group I (claims 1-10) without traverse in the reply filed on 12/31/2025 is acknowledged.
Claims 11-20 are withdrawn from consideration from further consideration pursuant to 37 CFR 1.142(b), as being withdrawn to a non-elected invention, and non-elected species of the invention, there being no allowable generic or linking claims.
Claims 1-10 are under examination and the requirement for restriction is made final.
Information Disclosure Statement
Receipt is acknowledged of the Information Disclosure Statement filed on 07/01/2024 and 01/05/2024. The Examiner has considered the reference cited therein to the extent that each is a proper citation. Please see attached USPO form.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foley et.al (WO2000046333A1) hereinafter Foley.
With regard to claim 1-5 and 7, Foley teaches a liquid dishwashing detergent composition specifically formulated to target starch-based soils in kitchenware comprising amylase enzyme, surfactants including amphoteric amine oxide surfactants and ethylene oxide propylene oxide block co-polymer nonionic surfactants, weak acid salts such as citrate, and water (see line 25 Page 1; see also line 16 Page 8; see also line 28 Page 9; see also line 20 Page 7). The pH of this detergent composition is at least 8, preferably 9 (see line 14 Page 2). Foley also teaches the detergent composition to include diol or polymeric glycol solvents and the optional addition of the following to the composition: suds booster, soil release polymers, polymeric dispersants, polysaccharideπdes, abrasives, bactericides and other antimicrobials, tarnish inhibitors, builders, enzymes, dyes, buffers, antifungal or mildew control agents, insect repellents, perfumes, hydrotropes, thickeners, processing aids, brighteners, anti-corrosive aids, stabilizers antioxidants and chelants (see line 34 Page 13; see also lines 13-15 and lines 31-34 Page 14 and lines 1-2 page 15).
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.
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 6, 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Foley et.al (WO2000046333A1) hereinafter Foley.
With regards to claim 6, the teachings of Foley are taught above. Foley does not explicitly state the cleaning composition to comprise of a weak acid or weak base buffer. However, Foley teaches citric acid salt and diamine (a weak base buffer) in the liquid dishwashing composition (see line 28 Page 9; see also Table 1 Pages 16-17). It would have been obvious to one skilled in the art before the effective filing date to comprise the buffer of the liquid dishwashing detergent with citric acid (weak acid) and diamine (weak base) salts to enhance effectiveness of the amylase enzyme on eliminating starch soils (see line 32-33 Page 6). With respect to optimization, it is not inventive to discover such regimens by routine experimentation when general conditions of a claim are disclosed in the prior art. See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) and MPEP §2144.05(11).
With regards to claim 8-10, the teachings of Foley are taught above. In Example 3, Foley teaches a specific liquid dishwashing detergent compositions comprising 0.0005 wt % amylase, 4.0 wt % amine oxide surfactant and 2 wt % nonionic surfactants (totaling 6 wt% surfactant), a 0.5 wt % diamine (which functions as a buffer), and a balance with water (69.9995 wt %) with a final pH of 9 (see Table 1 Pages 16-17). Foley additionally teaches range of 0.0001-5 wt % of amylase enzyme in the composition (see Claim 1). Hence, the composition of claim 8 would have been obvious to one skilled in the prior art before the effective filing date based on the teachings of Foley.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHREYA PAUL whose telephone number is (571)272-1551. The examiner can normally be reached M-F: 7:30am-5:00pm.
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/SP/Patent Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761