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 § 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 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Smets et al (CN 103814120).
With regards to claim 1, Smets teaches a microcapsule composition (page 1) wherein the microcapsule has a shell wall and a core (page 10), the shell is formed from organosilicones or polysilicones (reading on an inorganic material) (page 10) and the core includes fragrances and vitamins (reading on an organic material (page 11) (reading on claimed component A). Smets further teaches the composition to contain a dia-amino gelling agent that includes glycine and alanine (page 9).
Smets teaches the alanine and glycine to be one of many compounds. However, the amount of compounds that are alanine and glycine are many. Therefore, the probability that one will be selected for use is high. Therefore, it would have been obvious to one skilled in the art prior to the effective filing date of the present invention to use an alanine or glycine compound as the dia-amino gelling agent, thereby, obtaining the present invention.
With regards to claim 2, Smets teaches the use of glycine (page 9) as the claimed component B which has one dissociation constant around 9.6.
With regards to claims 3 and 4, Smets teaches the compound reading on claimed component B to include alanine and glycine (page 9).
With regards to claims 5 and 6, Smets teaches the composition to include anionic surfactants that include alkali metals (page 17).
With regards to claim 7, Smets teaches the pH of the composition to be from 6 to 10.5 (page18).
With regards to claim 8, Smets teaches the amount of the amino gel to be from 0.01 to 5 wt% (page 9).
With regards to claim 9, Smets teaches the amount of the microcapsule to be 32.5% (page 23 examples A, B, and C).
With regards to claim 10, Smets teaches the addition of dispersants (page 15).
With regards to claim 11, Smets teaches the concentration of the additives to be either 0.1 or 0.3 wt% (page 23).
With regards to claim 12, Smets teaches the microcapsule has a shell wall and a core (page 10), the shell is formed from organosilicones or polysilicones (reading on an inorganic material) (page 10) and the core includes fragrances and vitamins (reading on an organic material (page 11).
With regards to claim 13, Smets teaches the microcapsules to have a particle size of 15 to 80 µm (page 2).
With regards to claim 14, Smets teaches the core material to include fragrances (page 11).
With regards to claims 15 and 16, Smets teaches a microcapsule composition (page 1) wherein the microcapsule has a shell wall and a core (page 10), the shell is formed from organosilicones or polysilicones (reading on an inorganic material) (page 10) and the core includes fragrances and vitamins (reading on an organic material (page 11) (reading on claimed component A). Smets further teaches the composition to contain a dia-amino gelling agent that includes glycine and alanine (page 9). Smets teaches the amino gelling agent to be added to the microcapsule composition (page 23).
Smets teaches the alanine and glycine to be one of many compounds. However, the amount of compounds that are alanine and glycine are many. Therefore, the probability that one will be selected for use is high. Therefore, it would have been obvious to one skilled in the art prior to the effective filing date of the present invention to use an alanine or glycine compound as the dia-amino gelling agent, thereby, obtaining the present invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following reference teaches the composition and microcapsule of claim 1: Omi et al (JP 2001106612).
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/JESSICA WHITELEY/Primary Examiner, Art Unit 1763
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