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
Claim 11 is objected to because of the following informalities: Claim 11 depends from claim 10 which has been cancelled. Appropriate correction is required.
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.
Claims 1-9 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Levy et al alone or in view of Boyke et al, US 2011/0182826.
Levy et al teach an ultraviolet fluorescing soap dispensed from a touch-free soap dispenser (col. 9, lines 8-11) having a hand proximity sensor (claim 10), wherein the soap is dispensed and lathered on the hands for 20 seconds or more (figure 7, items 708 and 712). This is precisely the invention claimed, but the viscosity of the soap is not disclosed.
First, the examiner maintains that all hand soaps are at least somewhat thickened, and the degree of thickening is an obvious design choice to persons of ordinary skill in the art.
Moreover, Boyke et al teach a foaming hand cleanser with a color change indicator to promote thorough cleaning and the cleanser may have a low viscosity, from 10 to 40 cps (¶37). The reference also contemplates larger viscosities, and that is the point. It is up to the formulator, and any desired viscosity is an obvious choice to the skilled formulator.
Claims 1-9 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Jones, US 5,900,067 in view of Levy et al, US 6,426,701 and Boyke et al, US 2011/0182826.
Jones teaches a handwashing technique where the hands are washed with a liquid soap containing an invisible fluorescent or phosphorescent additive, such that after handwashing, the hands are exposed to UV light to determine if the hands have been washed thoroughly (see abstract). The product is dispensed as a liquid in drops and easily spread on the hands (see figures 2 and 3). This is precisely the invention claimed, but the viscosity of the soap is not disclosed.
First, the examiner maintains that all hand soaps are at least somewhat thickened, and the degree of thickening is an obvious design choice to persons of ordinary skill in the art.
Moreover, Boyke et al are relied upon as set forth above to indicate that low viscosity hand soaps are common in the art.
With respect to the dispenser, it appears the product is dispensed from a manual soap dispenser (see figure 2). Persons of skill in the art and consumers alike are well familiar with automatic soap dispensers with hand proximity sensors as taught by Levy et al above. It would have been obvious for one of ordinary skill in the art to dispense the liquid soap of Jones with the dispenser of Levy as such dispensers are commonly used by consumers.
Claims 1-9 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Arndt et al, US 2009/0237651 in view of Levy et al, US 6,426,701 and Boyke et al, US 2011/0182826.
Arndt et al teach a hand cleansing method where the hands are washed with a liquid soap containing an invisible fluorescent or phosphorescent additive, such that after handwashing, the hands are exposed to UV light to determine if the hands have been washed thoroughly (see abstract). This is precisely the invention claimed, but the viscosity of the soap is not disclosed.
First, the examiner maintains that all hand soaps are at least somewhat thickened, and the degree of thickening is an obvious design choice to persons of ordinary skill in the art.
Moreover, Boyke et al are relied upon as set forth above to indicate that low viscosity hand soaps are common in the art.
With respect to the dispenser, it appears the product is dispensed from a manual soap dispenser (see figure 1). Persons of skill in the art and consumers alike are well familiar with automatic soap dispensers with hand proximity sensors as taught by Levy et al above. It would have been obvious for one of ordinary skill in the art to dispense the liquid soap of Jones with the dispenser of Levy as such dispensers are commonly used by consumers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES I BOYER whose telephone number is (571)272-1311. The examiner can normally be reached M-S 10-430.
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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 5712722817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES I BOYER/Primary Examiner, Art Unit 1761