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 .
Status of Claims
Claims 1-15 are pending, of which Claims 1, 3-5, & 12-15 are amended. No new matter is found.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 5/5/2026 have been fully considered but they are not persuasive. Applicant argues that Zhuang (US 2016/0235608) discloses a polymer, specifically, PVOH, that is water soluble and incapable of absorbing water through hydrogen bonding. Examiner respectfully disagrees and notes that (1) PVOH does indeed absorb water by forming hydrogen bonds with water molecules (see NPL listed infra), and (2) Zhang also discloses polyacrylamide, which also is capable of forming hydrogen bonds with water molecules and is currently claimed Claims 6-7, thus it would meet the claimed function of “which absorbs aqueous solutions through hydrogen bonding with water molecules” (recited in Claim 1).
NPL (1): Li et al. (Water governs the mechanical properties of poly(vinyl alcohol), Polymer, vol. 213, 2021) discloses that water molecules changes the mechanical strength of PVOH (also commonly known as PVA). The last paragraph in the Introduction section discloses that water molecules disrupt the PVA structure by replacing hydrogen bonds within the PVA chain with hydrogen bonds between water and PVA.
NPL (2): Sun et al. (Dehydration of polyacrylamide-based super-absorbent polymer swollen in different concentrations of brine under CO2 conditions, Fuel, vol. 210, 2017) discloses that polyacrylamide-based superabsorbent polymer (PSAP) absorbs a large amount of water because of the hydrogen bond with the water molecules (see section 2.1. “Polyacrylamide-based super-absorbent polymer”).
Additionally, the currently claimed invention does not exclude water-soluble superabsorbent polymers. In fact, the current Claim 1 also recites “hydrogel” and PVOH (or PVA) and polyacrylamide are sometimes identified as hydrogels, because they absorb water and start to lose its rigid structure.
Applicant then argues that one skilled in the art would not have looked to modify Zhuang with Marchant because they are from difference fields of endeavor. Examiner respectfully contends that both Zhuang and Marchant disclose personal hygiene/care articles comprising a film formed of a polyacrylamide and an agent such as menthol, thus they are in the same field of endeavor and are both pertinent to the same problem of embedding an agent in a polymer film.
For these reasons, Examiner maintains that the claims are rejectable in view of Zhuang.
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 1-9, 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhuang et al. (US 2016/0235608).
Re Claim 1, Zhuang discloses a composition for fighting malodors (Abstract and e.g., [0008] “an extruded water-soluble article made using a homogeneous material”), comprising
(a) at least one physiological cooling agent ([0008] discloses “blocking agent” in the homogeneous material and [0151] discloses “blocking agents include menthyl acetate”), and
(b) at least one water-absorbing polymer which absorbs aqueous solutions through hydrogen bonding with water molecules and/or hydrogel ([0044] “the polymer used in the present disclosure is … polyacrylamide”; note that polyacrylamide is an absorbent polymer and is also a material recited in current Claim 6 as a water-absorbing polymer that fits the current requirement of being able to absorb aqueous solutions through hydrogen bonding with water molecules).
Re Claim 2, Zhuang discloses claim 1 and further disclosing wherein said malodors are selected from the group consisting of female body odors, urine (see Abstract), ammonia, protein degradation products, and mixtures thereof.
Re Claim 3, Zhuang discloses claim 1 and further disclosing wherein said at least one physiological cooling agent is a menthol compound ([0151] discloses “blocking agents include menthyl acetate) is selected from the group consisting of: menthol; menthol glyceryl acetal; menthol glyceryl ketal; menthol methyl ether; menthone glyceryl acetal; menthone glyceryl ketal; menthoxy-1,2-propandiol; menthoxy-2-methyl-1,2-propanediol; menthyl acetate; menthyl ethylene glycol carbonate; menthyl formiate; menthyl glutamate; menthyl glycerol carbonate; menthyl hydroxy isobutyrate; menthyl isobutyrate; menthyl lactate; menthyl malonate; menthyl methyl ether; menthyl N-ethyl oxamate; menthyl propylene glycol carbonate; menthyl pyroglutamate; menthyl-(2-methoxy)acetate; menthyl-(2-methoxyethoxy)acetate; menthyl succinate; O-menthyl succinic acid ester amide; O-menthyl succinic acid ester-NN-(dimethyl)amide; menthane carboxylic acid-N-(4-cyanophenyl)amide; menthane carboxylic acid-N-(4-cyanomethylphenyl)amide; menthane carboxylic acid-N-ethylamide (WS-3); (WS-4); N.sup.α-(menthane carbonyl) glycine ethylester (WS-5); (1R,2S,5R)—N-(4-Methoxyphenyl)-5-methyl-2-(1-isopropyl)cyclohexane-carboxamide (WS-12); (WS-14); 2,3-dimethyl-2-(2-propyl)-butyric acid-N-methylamide (WS23); isopulegol acetate; p-menthane-3,8-diol; Cubebol; 3-methyl-2(1-pyrrolidinyl)-2-cyclopentene-1-one); tetrahydropyrimidine-2-one; N-(2-(pyridin-2-yl)ethyl)-3-p-menthanecarboxamide; [(1R,2S, 5R)-2-isopropyl-5-methyl-cyclohexyl]2-(ethylamino)-2-oxo-acetate; and mixtures thereof.
Re Claim 4, Zhuang discloses claim 3 and further disclosing wherein said menthol compound ([0151] discloses “blocking agents include menthyl acetate) is selected from the group consisting of: menthol glyceryl acetal; menthol glyceryl ketal; menthol methyl ether; menthone glyceryl acetal; menthone glyceryl ketal; menthoxy-1,2-propandiol; menthoxy-2-methyl-1,2-propanediol; menthyl acetate; menthyl ethylene glycol carbonate; menthyl formiate; menthyl glutamate; menthyl glycerol carbonate; menthyl hydroxy isobutyrate; menthyl isobutyrate; menthyl lactate; menthyl malonate; menthyl methyl ether; menthyl N-ethyl oxamate; menthyl propylene glycol carbonate; menthyl pyroglutamate; menthyl-(2-methoxy)acetate; menthyl-(2-methoxyethoxy)acetate; menthyl succinate; O-menthyl succinic acid ester amide; O-menthyl succinic acid ester-NN-(dimethyl)amide; and mixtures thereof.
Re Claim 5, Zhuang discloses claim 1 and further disclosing wherein said menthol compound is menthyl acetate ([0151] discloses “blocking agents include menthyl acetate).
Re Claim 6, Zhuang discloses claim 1 and further discloses wherein said at least one water-absorbing polymer is selected from the group consisting of polyacrylates, polyacrylamides ([0044]), polyvinyl pyrrolidones, amylopectin, gelatin, cellulose, and mixtures thereof.
Re Claim 7, Zhuang discloses claim 1 and further discloses wherein said at least one water-absorbing polymer is selected from the group consisting of polyacrylamide copolymers (e.g., [0044] and [0046]), ethylene maleic anhydride copolymers, cross-linked carboxymethyl celluloses, polyvinyl alcohol copolymers, cross-linked polyethylene oxides, starch grafted copolymers of polyacrylonitrile, and mixtures thereof.
Re Claim 8, Zhuang discloses claim 1 and further disclosing compounds (a) and (b) in ratios by weight of from about 10:90 to about 5:95 ([0048] “the active agent(s) is present in a total amount of 2% to 10% by weight of the article”).
Re Claim 9, Zhuang discloses claim 1 and further discloses compounds (a) and (b) in ratios by weight of from about 0.1:99.9 to about 1:99 (Abstract).
Re Claim 11, Zhuang discloses a sanitary product (Abstract) comprising the composition of claim 1 (see discussion for Claim 1).
Re Claims 12-14, Zhuang discloses claim 11 and that the sanitary product is a diaper (see Abstract), a panty liner ([0074]) or a sanitary napkin ([0074]).
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.
Claims 10 & 15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhuang in view of Marchant et al. (US 2017/0319462).
Re Claim 10, Zhuang discloses a method for producing the composition of claim 1, comprising the following steps:
(a) providing at least one menthol derivative ([0151], “menthyl acetate”);
(b) providing at least one water-absorbing polymer and/or hydrogel ([0044] “polyacrylamide”); and
(c) bringing said at least one water-absorbing polymer and/or hydrogel into contact with said at least one menthol derivative ([0055]-[0056]).
Zhuang does not disclose that the menthol derivative is in an aqueous solution but does disclose that a homogeneous blend is formed from the two components and the blend is extruded, thus the blend must be a fluid.
Marchant discloses a transdermal patch in the form of a film formed from a polymer, such as polyacrylamide ([0208]), and an active agent, which may include menthol (e.g., [0115]), wherein the menthol may be in stock solution form and the mixed with the polymer until reaching a homogeneous blend before casting into a film ([0333]). It would have been obvious to one skilled in the art to glean from Marchant, in addition to Zhuang’s own teachings, to provide the menthol derivative in a solution form such that it can be easily blended with the polymer into a homogeneous mixture to form into a film.
Re Claim 15, the above combination teaches claim 10, and Zhuang also discloses an additional step of (d) fighting, masking and/or neutralizing malodors, by applying said thus-produced composition (see Abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu et al. (US 2013/0345655) and Dabi (US 4,992,326) each discloses a superabsorbent polymer with a fragrant/odorant compound embedded therein.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SUSAN S SU/Primary Examiner, Art Unit 3781 10 July 2026
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