DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 23, 2026 has been entered.
This Office action is in response to Applicant’s amendment filed July 23, 2026. Applicant has amended claims 1 and 10. Currently, claims 1-3, 5-7 and 10-14 remain pending in the application.
The text of those sections of Title 35 U.S. Code not included in this action can be found in the prior Office actions, Paper Nos. 20250805, 20251029, 20260210 and 20260508.
The rejection of claims 1-3, 5-7 and 10 under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Conboy et al, US 2002/0123437, is withdrawn in view of applicant’s amendments and remarks.
The rejection of claims 11-14 under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Conboy et al, US 2002/0123437, is maintained for the reasons of record.
NEW GROUNDS OF REJECTION
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.
Claims 1-3, 5-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Conboy et al, US 2002/0123437.
Conboy et al, US 2002/0123437, discloses a fragrance composition comprising a cyclic ketone (see abstract). It is further taught by Conboy et al that the cyclic ketone comprises a cyclohexadecanone, such as 8-cyclohexadecen-1-one (i.e., a fragrance having a boiling point of 323 degrees Celsius and a logP of 5.97, as evidenced by instant claim 5; see paragraphs 12-13 and Example 1), that the cyclohexadecanone is present in the composition in an amount of 0.1-50% by weight (see paragraph 24), that the composition is in the form of a solid (see paragraphs 25 and 28), that the composition contains additional fragrance compounds (see paragraph 15), that the composition is used in a process to clean toilets (see paragraph 21), that the composition further contains one or more surfactants (see paragraph 26), 10-50% by weight of a carrier, such as a polysaccharide (see paragraph 27), and a solvent, such as water (see paragraph 29), per the requirements of the instant invention. Specifically, note Examples 1-5.
Although Conboy et al generally discloses a fragrance composition containing up to 50% by weight of cyclohexadecanone, the reference does not require such fragrance compositions containing this component with sufficient specificity to constitute anticipation.
It would have been obvious to a person of ordinary skill in the art at the time of the invention to have formulated a fragrance composition, as taught by Conboy et al, which contained up to 50% by weight of cyclohexadecanone, because such fragrance compositions fall within the scope of those taught by Conboy et al. Therefore, one of ordinary skill in the art would have had a reasonable expectation of success, because such a fragrance composition containing up to 50% by weight of cyclohexadecanone is expressly suggested by the Conboy et al disclosure and therefore is an obvious formulation.
Response to Arguments
Applicant's arguments filed July 23, 2026 have been fully considered but they are not persuasive.
Applicant continues to argue that Conboy et al, US 2002/0123437, does not teach or suggest in general a first fragrance that represents 15-60% by weight of the total fragrances, as required by applicant in the instant claims. However, the examiner respectfully disagrees. Specifically, the examiner respectfully maintains that Conboy et al clearly discloses that their composition contains cyclohexadecanone in an amount of up to 50% by weight (see paragraph 24), per the requirements of the instant invention.
Applicant further argues that Conboy et al, US 2002/0123437, does not teach or suggest in general a toilet rim block, as required by applicant in instant claim 10. However, the examiner respectfully disagrees. Specifically, the examiner respectfully maintains that Conboy et al clearly discloses that the composition is in the form of a solid shape (see paragraphs 25 and 28), which would include the shape of a block, per the requirements of claim 10. Furthermore, the examiner asserts that Conboy et al clearly discloses that the composition is used in a process to clean toilets (see paragraph 21), per the requirements of the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P MRUK whose telephone number is (571)272-1321. The examiner can normally be reached on 7:00am-5:30pm Monday-Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew, can be reached on 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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/BRIAN P MRUK/
Primary Examiner, Art Unit 1761
Brian P Mruk
October 9, 2026
