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 .
DETAILED ACTION
Claims 1, 4, and 6-23 are pending. Claims 2, 3, and 5 have been canceled. Note that, Applicant’s response filed December 23, 2025, has been entered.
Applicant’s election without traverse of Group I, claims 1, 4, 6-19, and 21-23, in the reply filed on December 23, 2025, is acknowledged.
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 23, 2025.
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 1, 4, 6-19, and 21-23 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 "the glycosidic linkages" in 7. There is insufficient antecedent basis for this limitation in the claim. Note that, instant claims 4, 6-19, and 21-23 have also been rejected due to their dependency on instant claim 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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 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, 4, 6-19, and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Guan et al (US 2019/0185893) in view of Nambiar et al (US 2015/0259439).
With respect to independent, instant claim 1, Guan et al teach a method of producing alpha-1,3-glucan, the method comprising: (a) contacting at least (i) water, (ii) sucrose, (iii) dextran that has been modified with about 1%-50% alpha1,2 branches, and (iv) a glucosyltransferase enzyme that synthesizes alpha-1,3-glucan comprising at least about 50% alpha-1,3 glycosidic linkages, thereby providing an enzymatic reaction, whereby alpha-1,3-glucan comprising at least about 50% alpha-1,3 glycosidic linkages is produced, and (b) optionally, isolating the alpha-1,3-glucan produced in step (a). See para. 9. Alpha-1,3-glucan in certain embodiments comprises at least about 90% or 95% alpha-1,3 glycosidic linkages. See para. 18, An alpha-1,3-glucan side chain in certain aspects can comprise about, or at least about, 50%, 60%, 70%, 80%, 85%, 90%, 95%, 96%, 97%, 98%, 99%, 99.5%, or 100% alpha-1,3 glycosidic linkages. See para. 75. In some aspects, a dextran backbone, prior to alpha-1,2 branch modification, can have a DP or DPw of about, or at least about, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 35, 40, 45, 50, 85, 90, 95, 100, 105, 110, 150, 200, 250, 300, 400, or 500. See para. 67. The DP of one or more alpha-1,3-glucan side chains in certain aspects can individually be about, or at least about, 100, 200, 300, 400, 500, 600, 700, 800, 900, 1000. 1100, or 1200. See para. 76.
A composition in some aspects of the present disclosure can comprise an ether derivative of a graft coроlymer herein (i.e., a graft copolymer can be derivatized to be ether-linked to one or more different organic groups). The degree of substitution (DoS) of a graft copolymer with one or more etherified organic groups can be about 0.001 to about 3.0, for example. The DoS in some aspects can be about, or at least about, or up to about, 0.001, 0.0025, 0.005, 0.01, 0.025, 0.05, 0.075, 0.1, 0.2, 0.3, 0.4, 0.5, 0.6, 0.7, 0.8, 0.9, 1.0, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 2.0, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, or 3.0. See para. 117. An organic group etherified to a graft copolymer herein can comprise an alkyl group such as a methyl, ethyl, propyl, butyl, pentyl, hexyl, heptyl, octyl, nonyl, or decyl group, for example. In some aspects, an organic group etherified to a graft copolymer can be a substituted alkyl group in which there is a substitution on one or more carbons of the alkyl group. The substitution(s) may be one or more hydroxyl, aldehyde, ketone, and/or carboxyl groups. For example, a substituted alkyl group can be a hydroxy alkyl group, dihydroxy alkyl group, or carboxy alkyl group. Examples of suitable hydroxy alkyl groups include hydroxymethyl, hydroxyethyl, hydroxypropyl, hydroxybutyl and hydroxypentyl groups. Other examples include dihydroxy alkyl groups (diols) such as dihydroxymethyl, dihydroxyethyl, dihydroxypropyl, dihydroxybutyl and dihydroxypentyl groups. Examples of suitable carboxy alkyl groups include carboxymethyl (-CH2COOH), carboxyethyl, carboxypropyl, carboxybutyl and carboxypentyl groups. See para. 118. A composition in some aspects of the present disclosure can comprise an ester derivative of a graft coроlymer herein (i.e., a graft copolymer can be derivatized to be ester-linked to one or more different acyl groups). The DoS of a graft copolymer with one or more acyl groups can be about 0.001 to about 3.0, for example. See para. 122. The graft copolymer may be used in a variety of compositions in amounts from 0.01% to 99% by weight and more limited ranges. The composition may be in the form of an aqueous liquid. Suitable types of compositons include personal care product, pharmaceutical product, household product, industrial product, or food product. See paras. 126 and 133. Suitable types of products include laundry detergents, automatic dishwashing detergents (typically used in dishwasher machines) and hand-washing dish detergents. A dishwashing detergent composition can be in any dry or liquid/aqueous form. See paras. 161-168.
A composition comprising a graft copolymer compound of the present disclosure can, in some aspects, comprise one or more salts such as a sodium salt (e.g., NaCl, Na₂SO4). Other non-limiting examples of salts include those having (i) an aluminum, ammonium, barium, calcium, chromium (II or III), copper (I or II), iron (II or III), hydrogen, lead (II), lithium, magnesium, manganese (II or III), etc. The composition may optionally contain one or more active enzymes and non-limiting examples of suitable enzymes include proteases, cellulases, hemicellulases, peroxidases, lipolytic enzyme, etc. See paras. 130-131. A cleaning composition herein typically comprises one or more surfactants, wherein the surfactant is selected from nonionic surfactants, anionic surfactants, cationic surfactants, ampholytic surfactants, zwitterionic surfactants, semi-polar nonionic surfactants and mixtures thereof. In some embodiments, the surfactant is present at a level of from about 0.1% to about 60%. See para. 143. A detergent composition herein typically comprises one or more surfactants, wherein the surfactant is selected from nonionic surfactants, anionic surfactants, cationic surfactants, ampholytic surfactants, zwitterionic surfactants, semi-polar nonionic surfactants and mixtures thereof. In some embodiments, the surfactant is present at a level of from about 0.1% to about 60%. See para. 147.
Guan et al do not teach an oxidized polysaccharide derivative or a composition containing a specific oxidized polysaccharide derivative wherein at least 50% of the glycosidic linkages of the alpha-glucan derivative are alpha 1,3 linkages and the other requisite components of the composition in the specific amounts as recited by independent, instant claim 1 and the respective dependent claims.
Nambiar et al teach compositions comprising oxidized poly alpha-1,3-glucan compounds are disclosed herein. Oxidized poly alpha-1,3- glucan compounds are produced by contacting poly alpha-1, 3-glucan under aqueous conditions with at least one N-oxoammonium salt. See Abstract. Poly alpha-1,3-glucan that is oxidized to produce an oxidized poly alpha-1,3-glucan compound herein may have at least about 50%, 60%, 70%, 80%, 90%, 95%, 96%, 97%, 98%, 99%, or 100% (or any integer between 50% and 100%) glycosidic linkages that are alpha-1,3. See para. 78. An aqueous composition containing the oxidized poly alpha-1,3-glucan can be in the form of, and/or comprised in, a household product, personal care product, industrial product, pharmaceutical product, or food product. Oxidized poly alpha-1,3-glucan compounds herein can optionally be used as builder agents and/or anti-redeposition agents in one or more of these type of products-such use, which depends in part on the application of the product, can be contemplated by a skilled artisan, especially in view of some of the embodiments disclosed herein. In other embodiments, oxidized poly alpha-1,3-glucan compounds herein are believed to have some use as thickening agents in one or more of these products. See para. 108. Suitable products include laundry detergents, dishwashing detergent compositions, etc. Examples of dishwashing detergents include automatic dishwashing detergents (typically used in dishwasher machines) and handwashing dish detergents. See paras.150-168.
Oxidized poly alpha-1,3-glucan compounds disclosed herein are believed to be useful for providing one or more of the following physical properties to a personal care product, pharmaceutical product, household product, industrial product, or food product: thickening, freeze/thaw stability, lubricity, moisture retention and release, texture, consistency, shape retention, emulsification, binding, suspension, dispersion, gelation, reduced mineral hardness, for example. See para. 117.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to oxidize the poly alpha-1,3-glucan compounds disclosed by Guan et al to produce an oxidized polysaccharide derivative as recited by instant claim 1 by contacting poly alpha-1, 3-glucan under aqueous conditions with at least one N-oxoammonium salt, with a reasonable expectation of success, because Nambiar et al teach oxidizing similar poly alpha-1,3-glucan compounds to be utilized in similar and/or the same compositions, wherein the oxidized poly alpha-1,3-glucan compounds provide advantageous thickening, freeze/thaw stability, suspension, dispersion, etc., properties and further, such enhanced properties would be desirable in the compostions taught by Guan et al.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to formulate a composition containing a specific oxidized polysaccharide derivative wherein at least 50% of the glycosidic linkages of the alpha-glucan derivative are alpha 1,3 linkages and the other requisite components of the composition in the specific amounts as recited by independent, instant claim 1 and the respective dependent claims, with a reasonable expectation of success and similar results with respect to other disclosed components, because the broad teachings of Guan et al in view of Nambiar et al suggest a composition containing a specific oxidized polysaccharide derivative wherein at least 50% of the glycosidic linkages of the alpha-glucan derivative are alpha 1,3 linkages and the other requisite components of the composition in the specific amounts as recited by independent, instant claim 1 and the respective dependent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Remaining references cited but not relied upon are considered to be cumulative to or less pertinent than those relied upon or discussed above.
Applicant is reminded that any evidence to be presented in accordance with 37 CFR 1.131 or 1.132 should be submitted before final rejection in order to be considered timely.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY R DEL COTTO whose telephone number is (571)272-1312. The examiner can normally be reached M-F, 8:30am-6:00pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY R DELCOTTO/Primary Examiner, Art Unit 1761
/G.R.D/January 23, 2026