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 .
Applicants preliminary amendment filed December 21, 2023 has been received and entered. New claims 15-16 have been added. Accordingly, claims 1-16 are pending in the instant application.
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.
1. Claim 9 is 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.
Regarding claim 9, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
2. Claim 12 is 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.
Regarding claim 9, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
3. Claim 13 is 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.
Regarding claim 13 the phrase "preferably/most preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Simply stated, a claim limitation is either a claim limitation or not, there are no “preferable/non-preferable” claim limitations.
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.
4. Claim(s) 1-7 and 9-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kandzia et al.
The claims are drawn to a household and/or commercial cleaning article having a textile layer, a foam or sponge layer, and/or an abrasive layer, with Moraxella sp. inhibiting activity.
Kandzia et al (WO 2017/157773) disclose of methods for degrading malodors in dish washing machines, laundry washing machines and in the area of ceramic sanitary through contact of the surfaces with bacterial spores. (See abstract). Kandzia et al further disclose the bacterial spores to be Bacillus atrophaeus or Bacillus amyloliquefaciens. (See claim 1). Kandzia et al further disclose sponges dipped in a solution containing the bacterial spores. (See Example 3).
It is noted that Kandzia et al do not characterize the Moraxella sp. inhibiting activity as less than 0.025 in a long term polymer-matrix test, or at least 0.3 grades as measured by VDA270. However, as the composition disclosed by Kandzia achieved the same end result, inhibition of bacterial growth, it is deemed to be an inherent property of the claimed composition. Since the Patent office does not have the facilities for examining and comparing Applicants product with the product of the prior art reference, the burden is on Applicants to show an unobvious distinction between the material structural and functional characteristics of the claimed product and the product of the prior art. In re Best, 562 F.2d 1252, 195 USPQ 430 (CCPA 1977).
Products of identical composition cannot have mutually exclusive properties. A composition and its properties are inseparable. Therefore, if the prior art discloses the identical composition, (sponge coated with Bacillus atrophaeus) the properties applicant discloses and/or claims (inhibiting Moraxella sp.) are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
5. Claim(s) 1-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vance et al.
The claims are drawn to a household and/or commercial cleaning article having a textile layer, a foam or sponge layer, and/or an abrasive layer, with Moraxella sp. inhibiting activity.
Vance et al (US Patent Number 5,744,688) disclose of a cellulose and nylon sponge saturated with B. subtilis. (See Example 1). Vance et al further disclose the inhibtion of vegetative bacteria, fungi, viruses, parasites, mycobacteria and bacterial spores. (See table 1). Vance et al further disclose of 2.5 x 107 CFU/ml. (See Example 1).
It is noted that Vance et al do not characterize the Moraxella sp. inhibiting activity as less than 0.025 in a long term polymer-matrix test, or at least 0.3 grades as measured by VDA270. However, as the composition disclosed by Vance achieved the same end result, inhibition of bacterial growth, it is deemed to be an inherent property of the claimed composition. Since the Patent office does not have the facilities for examining and comparing Applicants product with the product of the prior art reference, the burden is on Applicants to show an unobvious distinction between the material structural and functional characteristics of the claimed product and the product of the prior art. In re Best, 562 F.2d 1252, 195 USPQ 430 (CCPA 1977).
Products of identical composition cannot have mutually exclusive properties. A composition and its properties are inseparable. Therefore, if the prior art discloses the identical composition, (sponge soaked with Bacillus subtilis) the properties applicant discloses and/or claims (inhibiting Moraxella sp.) are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mark NAVARRO whose telephone number is (571)272-0861.
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/ALBERT M NAVARRO/Primary Examiner, Art Unit 1645 December 3, 2025