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 .
Response to Election/Restrictions
Applicant's election with traverse of toothpaste and sodium lauryl glucosides hydroxypropyl sulfonate, claims 1-5, 9-12 and 19-20 in the reply filed on June 15, 2026, is acknowledged. The traversal is on the ground(s) that the requirement does not apply the unity standard. It only identifies broad categories without identifying the actual claim groupings and without explaining why the claims lack a single general inventive concept or why the common technical features do not constitute the same or corresponding special technical features. The Office Action does not identify prior art. This is not found persuasive because the requirement was for a specific species for purposes of examination. The different compositions have divergent ingredients for their formulations. The different surfactants vary in structure and properties. The requirement was not breaking unity among different classes, such as a composition or method. Therefore, the species would lack a special technical feature because they are different compounds. In regard to the broad election, it was stated that Applicant must elect a specific type of composition and gave an example of a toothpaste. A mouthwash would not require all the components and amounts of components in a toothpaste. Therefore, they are divergent compositions and have divergent functions. In regard to the surfactant, a surfactant may be used in different types of compositions. A surfactant suitable for hair care is not necessarily suitable for oral care.
The requirement is still deemed proper and is therefore made FINAL.
Claim 6-8 and 13-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 15, 2026.
Claims
Claim Rejections - 35 USC § 102- Anticipated
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 1-5, 9-12 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baig et al. (US 20210093551).
Baig et al. disclose oral care compositions comprising hops, specifically a toothpaste (Abstract). The compositions may comprise a surfactant. Suitable surfactants include sodium laurylglucosides hydroxypropyl sulfonate (the elected species) (paragraph 0096). The toothpaste composition comprises hops acid and abrasive (paragraph 0005). The toothpaste may also comprise humectants, water, sweeteners, a tin ion source sodium gluconate and/or flavors (paragraph 0263). The surfactant sodium laurylglucosides hydroxypropyl sulfonate is sulfate-free as well as ethylene oxide and 1,4-dioxane free.
Baig et al. specifically disclose using a surfactant, sodium laurylglucosides hydroxypropyl sulfonate, in a toothpaste having hops and an abrasive as essential ingredients. One would only have to choose a surfactant. When the species is clearly named, the species claim is anticipated no matter how many other species are additionally named. See MPEP 2131.02. Therefore, one can at once envisage using sodium laurylglucosides hydroxypropyl sulfonate as the surfactant in the toothpaste.
Baig et al. anticipate the instant claims.
Claim Rejections - 35 USC § 103 - Obviousness
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 1-5, 9-10 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Baig et al. (US 20210093551).
Baig et al. disclose oral care compositions comprising hops, specifically a toothpaste (Abstract). The compositions may comprise a surfactant. Suitable surfactants include sodium laurylglucosides hydroxypropyl sulfonate (the elected species) (paragraph 0096). The toothpaste composition comprises hops acid and abrasive (paragraph 0005). The toothpaste may also comprise humectants, water, sweeteners, a tin ion source sodium gluconate and/or flavors (paragraph 0263). The surfactant sodium laurylglucosides hydroxypropyl sulfonate is sulfate-free as well as ethylene oxide and 1,4-dioxane free.
It is believed that Baig et al. anticipate claims 1-5, 9-10 and 19. However, for purposes of this rejection and ensure complete prosecution, Baig et al. differ from the instant claims insofar as one would have to choose from different lists, lists of surfactants and list of additional components such as alcohol, fluoride and flavoring agent. The rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. Therefore, it would have been obvious to one of ordinary skill in the art prior to filing the instant application to have formulated a toothpaste composition comprising an abrasive and sodium lauryl glucosides hydroxypropyl sulfonate, with an alcohol, fluoride or flavoring agent with the expectation that the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Claims 1-5, 9-12 and 19-20 are rejected.
Claim 6-8 and 13-19 are withdrawn.
No claims allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEZAH ROBERTS whose telephone number is (571)272-1071. The examiner can normally be reached Monday-Friday 11:00-7:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sahana Kaup can be reached at 571-272-6897. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEZAH ROBERTS/ Primary Examiner, Art Unit 1612
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