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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear how the surfactant of the surfactant composition comprises 8 or 9 moles of ethylene oxide on average, this renders the claim indefinite.
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 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dow (Dow Surfactants Reference Chart) in view of evidence from Dow (Tergitol TMN-100X MSDS) and ThermoFisher (ECOSURF EH-9 Surfactant MSDS) and further in view of Ryota (JP 2020096781 A).
Regarding claims 1-10, Dow, in Dow Surfactants Reference Chart (now referred to as Dow 1), teaches the non-ionic ethoxylated surfactant formulations Tergitol TMN-100X (90%) and ECOSURF EH-9 (Dow 1, pages 2 and 3) and further teaches applications ranging from industrial additives to household cleaners.
As described further by Dow in Tergitol TMN-100X MSDS (now referred to as Dow 2) and ThermoFisher, the surfactant formulations have the following qualities:
Tergitol TMN-100X (90%)
ECOSURF EH-9
CAS#
60828-78-6
(Dow 2, section 3)
64366-70-7
(ThermoFisher, section 3.1.)
Wt.% of surfactant in composition
>= 87.0
(Dow 2, section 3)
<= 100
(ThermoFisher, section 3.1.)
Moles of ethylene oxide
9
(Dow 1, page 3)
Proprietary
(Dow 1, page 2)
Claimed Structure
Structure (I)
Structure (II)
The examiner notes that the surfactants above are the exemplified surfactants used in the instant specification (having the same CAS registration numbers) and that the surfactants in the specification are described as having the claimed structures in relationship to their CAS registration numbers. The examiner further notes that according to Dow 2, Tergitol TMN-100X (90%) consists essentially of the surfactant and water in accordance to MPEP 2111.03 (III).
Dow 1 does not teach a hydrazide, namely carbohydrazide, in the surfactant composition nor does it teach a surfactant composition consisting essentially of the surfactant, water, and carbohydrazide.
Ryota teaches a deodorizing composition (paragraph [0011]) that comprises:
a hydrazide compound (as a deodorizer), which is in amounts of 0.1-20 wt.% and preferably in amounts of 0.5-10 wt.% (paragraph[0022]) ;
a polyoxyethylene alkyl ether (also known as a polyethylene oxide alkyl ether, a genus of structures I and II) , which can act as a surfactant;
water.
Ryota also teaches a composition consisting of 1 wt.% carbohydrazide, a component B, and water (Table 3, examples 17 and 18). Ryota further teaches that the amount and types of hydrazides (component A) effects the persistence of the deodorant (paragraphs [0015] and [0057]).
A person having ordinary skill in the art as of the effective filing date of the instant application would have found it obvious to use the teachings from Ryota that 1 wt.% carbohydrazide is useful in deodorizing compositions that consist essentially of a hydrazide, water, and a surfactant, and that the amount of carbohydrazide is a result-effective variable on the persistence of the deodorizer, and further the teaching from Dow 1 that the surfactants above are useful for a variety of applications including cleaning, and one of ordinary skill would have found it obvious to add the carbohydrazide in amounts consistent with Ryota to the Tergitol TMN-100X (with the intention of optimizing the persistence of the deodorizer), and the result would be predictable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KOLTON JONES whose telephone number is (571)272-9802. The examiner can normally be reached Generally Monday-Friday 8:00 am - 5:00 pm EST.
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/KOLTON JONES/Examiner, Art Unit 1763
/JOSEPH S DEL SOLE/Supervisory Patent Examiner, Art Unit 1763
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