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 .
Response to Election/Restrictions
Applicant’s election with traverse of Group I, claims 1 and 3-4 in the reply filed on 25 September 2026 is acknowledged.
Applicant’s election with traverse of Formula 1 as specie election I and Formula 8 as Specie election II in the reply filed on 25 September 2026 is acknowledged.
The traversal is on the grounds that Calandra (WO2020089440A2) fails to disclose the special technical feature that the solubilized 2-oxoacid preparation (SOP) is a 2-oxoacid solubilized in a solvent that contains two hydroxyl groups in a 1,2- or a 1,3- orientation on a carbon chain recited in the amended claims (see page 5).
In response, Applicant’s argument is not persuasive. It is noted that Calandra was used prior to the amendments to the claims. Calandra teaches a composition comprising (a) a perfumery raw material (e.g. citrus oil, para [0019])) or food raw material (e.g. cooking oil and monoglyceride paras [0020 and 011-0012]), and (b) at least one remediant (e.g. 2-oxoacid para [055]). This reads on the composition comprising a solubilized 2-oxoacid preparation (SOP), and a fragrance oil or food oil, and a component (monoglyceride) that contains two hydroxyl groups in a 1,2- or a 1,3- orientation on a carbon chain.
Calandra does not explicitly teach that the 2-oxoacid is solubilized in a solvent. However, Calandra teaches that the food raw material consist of an oil, or its derivative such as a monoglyceride (paras [0011-0012]), which reads on a compound containing two hydroxyl groups in a 1,2 orientation on a carbon chain. Calandra further teaches that the food raw material may be employed as a solvent for a flavoring ingredient, or, alternatively, the food raw material itself may be a flavoring ingredient (para [0218]). These disclosures read that the monoglyceride can be a solvent which contains two hydroxyl groups in a 1,2- or a 1,3- orientation on a carbon chain.
Furthermore, Calandra teaches that while the solubility of α-oxocarboxylic acid (i.e., 2-oxoacid) in various formulated products and materials is typically low, it can become fully miscible at its upper solubility limit (para [0267]). To achieve total dissolution when desired, solubilizing agents or functional chemical groups can be introduced or covalently attached to the treating material to enhance its solubility. For instance, attaching a long alkyl chain to the active chemical moiety increases its solubility in hydrophobic mediums, such as triglycerides (para [056]). Consequently, monoglycerides can function effectively as a treating material due to their inherent long alkyl chain structure as well.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to have been motivated to solubilize 2-oxoacid in a solvent such as monoglyceride that contains a long alkyl chain. Calandra offers the motivation to optimize the solubility of the 2-oxoacid, noting that its solubility increases when paired with a compound featuring a long alkyl chain. As such, the solubility of the 2-oxoacid can be adjusted up to an upper limit of complete miscibility (para [0267]). Therefore, the amounts of the treating material compound can be optimized to reach the desired solubility content via a routine optimization. The case law has held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Thus, it would have been obvious to one having ordinary skill in the art before the effective filling date, to adjust the solubility of the 2-oxoacid as disclosed by Calandra to arrive at the claimed invention. As such, the teachings of Calandra, when combined with general knowledge in the art, render the claimed technical feature obvious.
Thereby the requirement is still deemed proper and is therefore made final.
Claims 3-4 are cancelled.
Claims 5-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to the nonelected inventions, there being no allowable generic or linking claims.
Therefore, claims under consideration in the current office actions are claims 1 and 11-13.
Information Disclosure Statement
Receipt is acknowledged of the Information Disclosure Statement filed 26 October 2023. The Examiner has considered the reference cited therein to the extent that each is a proper citation. Please see the attached USPTO Form.
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, 11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Calandra (WO-2020089440-A2).
With regard to claim 1, Calandra teaches a composition comprising (a) a perfumery raw material (e.g. citrus oil, para [0019])) or food raw material (e.g. cooking oil and monoglyceride paras [0020 and 011-0012]), and (b) at least one remediant (e.g. 2-oxoacid para [055]). This reads on the composition comprising a solubilized 2-oxoacid preparation (SOP), and a fragrance oil or food oil, and a component that contains two hydroxyl groups in a 1,2- or a 1,3- orientation on a carbon chain.
Calandra does not explicitly teach that the 2-oxoacid is solubilized in a solvent. However, Calandra teaches that the food raw material consist of an oil, or its derivative such as a monoglyceride (paras [0011-0012]), which reads on a compound containing two hydroxyl groups in a 1,2 orientation on a carbon chain. Calandra further teaches that the food raw material may be employed as a solvent for a flavoring ingredient, or, alternatively, the food raw material itself may be a flavoring ingredient (para [0218]). These disclosures read that the monoglyceride can be a solvent which contains two hydroxyl groups in a 1,2- or a 1,3- orientation on a carbon chain.
Furthermore, Calandra teaches that while the solubility of α-oxocarboxylic acid (i.e., 2-oxoacid) in various formulated products and materials is typically low, it can become fully miscible at its upper solubility limit (para [0267]). To achieve total dissolution when desired, solubilizing agents or functional chemical groups can be introduced or covalently attached to the treating material to enhance its solubility. For instance, attaching a long alkyl chain to the active chemical moiety increases its solubility in hydrophobic mediums, such as triglycerides (para [056]). Consequently, monoglycerides can function effectively as a treating material due to their inherent long alkyl chain structure as well.
With regard to the 2-oxoacid is solubilized in a solvent, Calandra offers the motivation to optimize the solubility of the 2-oxoacid, noting that its solubility increases when paired with a compound featuring a long alkyl chain. As such, the solubility of the 2-oxoacid can be adjusted up to an upper limit of complete miscibility (para [0267]). Therefore, the amounts of the treating material compound can be optimized to reach the desired solubility content via a routine optimization. The case law has held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Thus, it would have been obvious to one having ordinary skill in the art before the effective filling date, to adjust the solubility of the 2-oxoacid as disclosed by Calandra to arrive at the claimed invention.
With regard to claim 11, Calandra teaches that the food raw material consist of an oil, or its derivative such as a monoglyceride (paras [0011-0012]), which reads on the listed monoglyceride and contains two hydroxyl groups in a 1,2 orientation on a carbon chain. Calandra further teaches that the food raw material may be employed as a solvent for a flavoring ingredient, or, alternatively, the food raw material itself may be a flavoring ingredient (para [0218]).
With regard to claim 13, Calandra teaches that the 2-oxoacid is selected from a group consisting of phenyl pyruvic acid and a-ketoglutaric acid (para [0041]), which reads on the claimed.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Calandra (WO-2020089440-A2) as applied to claims 1, 11, and 13 above, and further in view of Ryklin (US-20110092405-A1).
The teachings of Calandra is discussed above.
With regard to claim 12, Calandra does not explicitly teach the monoglyceride can be decoyl monoglyceride.
In the same field of endeavor, Rykin teaches a composition comprising a glyceryl caprate (i.e., decoyl monoglyceride) that provides excellent viscosity building properties, as well as enhanced foaming properties. Rykin further teaches that the cleansing composition also comprises one or more surfactants, and optional additives, and can be formulated into a body wash, shampoo, 2-in-1 shampoo, facial cleanser, or liquid hand soap (Abstract).
Furthermore, Rykin teaches that glyceryl caprate has been commonly utilized as a co-emulsifier in oil-in-water or water-in-oil emulsions, its ability to effectively thicken a non-emulsified, aqueous surfactant system represents a novel and unexpected technical effect (para [0024]).
With regard to the decoyl monoglyceride, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to substitute the monoglyceride of Calandra to a decoyl monoglyceride in view of Rykin. Calandra would guide one having ordinary skill in the art to employ a compound capable of helping solubility (para [0267]). Rykin would guide one having ordinary skill in the art to employ glyceryl caprate to improve viscosity-building, while simultaneously utilizing a well-known co-emulsifier (para [0024]). The references collectively teach monoglycerides for similar applications. One of ordinary skill in the art would achieve the predictable result of substitution of decoyl monoglyceride, as Calandra can be provided with a monoglyceride. Therefore, a person having ordinary skill in the art would be motivated to combine these known elements, with a reasonable expectation of success, to achieve the recognized properties as established in Rykin.
Claims 1 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US-20170181950-A1).
With regard to claim 1, Wu teaches a composition comprising an acid component (e.g. 2-oxoacid, para [0138]), fragrance oils and food oil (e.g. cinnamon oil, lemongrass oil, or vegetable oil, paras [0090 and 0161]). Wu further teaches that the composition further comprises emulsifiers, such as glyceryl stearate and glyceryl laurate (para [0214]), which contains two hydroxyl groups in a 1,2- or a 1,3- orientation on a carbon chain. This reads on the composition comprising a solubilized 2-oxoacid preparation (SOP), and a fragrance oil or food oil, and a component that contains two hydroxyl groups in a 1,2- or a 1,3- orientation on a carbon chain.
Wu does not explicitly teach that the 2-oxoacid is solubilized.
With regard to the solubility, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention that the emulsifier will solubilize the components (i.e., 2-oxoacid) within the composition of Wu. An emulsifier role is to stabilize and facilitate the dissolution or dispersion of otherwise immiscible components within a mixture. Therefore, a person having ordinary skill in the art would be motivated to combine these known elements, with a reasonable expectation of success, to achieve the claimed invention.
With regard to claims 11-12, Wu fails to teach the specified solvents. However, Wu teaches non-ionic lipids, including glyceryl monoesters such as glyceryl caprate (i.e., decoyl monoglyceride) (para [0107-0109]), which reads on the claimed monoglyceride and decoyl monoglyceride. Furthermore, Wu teaches that the choice of emulsifier is not restricted to conventional agents used in personal care and cosmetic formulations, noting that the emulsifier should be nonionic, anionic, cationic, and/or polymeric (para [0214]).
With regard to the emulsifier, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the emulsifier of Wu. Specifically, by substituting it with a different non-ionic solvent. Wu would guide one having ordinary skill in the art to employ known emulsifier that is known or satisfies the functional characteristics (para [0214]), and given that the established function of an emulsifier is to stabilize immiscible liquids. Therefore, a person having ordinary skill in the art would be motivated to combine these known elements, with a reasonable expectation of success, to achieve the claimed invention by utilizing Wu’s teachings to formulate a composition comprising glyceryl caprate, a 2-oxoacid, and a fragrance oil/food oil.
With regard to claim 13, Wu teaches that the 2-oxoacid is alpha ketoglutaric acid (para [0138]), which reads on α-ketoglutaric acid.
Conclusion
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/A.A.W./Examiner, Art Unit 1761
/TANISHA DIGGS/Primary Examiner, Art Unit 1761 October 14, 2026
