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 Objections
Claim 9 is objected to because of the following informalities:
In instant claim 9, the limitation “concentrate claim 1” should be amended to recite “concentrate of claim 1” for grammatical purposes.
Appropriate correction is required.
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 10 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.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for containing the limitation “low molecular weight graft copolymers”. The limitation “low molecular weight graft copolymers” renders the claim vague and indefinite, since one of ordinary skill in the art would not be able to ascertain the metes and bounds of the limitation “low molecular weight graft copolymers”. Furthermore, the specification does not contain guidelines describing what numerical values are encompassed by the limitation “low molecular weight graft copolymers”. Appropriate correction and/or clarification is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 6, 7, 11 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nijhof, WO 2019/215023.
Nijhof, WO 2019/215023, discloses, with sufficient specificity, a diesel fuel emulsion comprising an alkyliminoderivative of formula (I) (see abstract and page 2, line 11-page 3, line 10). It is further taught by Nijhof that suitable alkyliminoderivatives of formula (I) include sodium coco propylene diamine propionate and coco imino dipropionate (see page 5, lines 6-9), that the emulsion further contains chelating agent (see page 5, lines 24-28), which reads on instant claim 1, which requires a chelate selected from aminocarboxylate chelates and non-aminocarboxylate chelates (i.e., any chelating agent), a quaternary ammonium compound (i.e., a biocide; see page 8, line 11), and an alcohol alkoxylate (see page 8, line 14), wherein the emulsion is made by mixing the components (see page 10, lines 23-29), per the requirements of the instant invention. Therefore, instant claims 1, 6, 7, 11 and 14 are anticipated by Nijhof, WO 2019/215023.
Claims 1-8 and 13-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Amato et al, WO 2021/250599.
Amato et al, WO 2021/250599, discloses, with sufficient specificity, a cleaning product comprising 3.2-9.2% by weight of a first nonionic surfactant, 0.2-2.2% by weight of a second nonionic surfactant, 2.2-4.5% by weight of at least one chelating agent, 12-23% by weight of a solvent, 1-6.5% by weight of a buffering agent, such as citric acid, and water to balance (see abstract and page 5, line 25-page 6, line 21). It is further taught by Amato et al that suitable second nonionic surfactants include ethoxylated fatty alcohols containing a C12 alkyl group (see page 7, lines 6-12), that suitable chelating agents include GLDA (see page 7, lines 13-27), that the cleaning product further contains 0.14-1.54% by weight of the amphoteric surfactant dipotassium 2-ethylhexyl dipropionate (see page 8, lines 3-10), that the cleaning product is used in a process to clean fabrics, grills, glass and dishwashers (see page 8, lines 22-26), and that the cleaning product is made by mixing the components (see page 9, line 3-page 10, line 27), per the requirements of the instant invention. Specifically, note Example 1, which contains 8.8% by weight of GLDA, 1.3% by weight of citric acid, 0.9% by weight of dipotassium 2-ethylhexyl dipropionate, 0.7% by weight of a C12 alcohol ethoxylate, adjunct ingredients, and water, that is made by mixing the components. Therefore, instant claims 1-8 and 13-20 are anticipated by Amato et al, WO 2021/250599.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Larson, US 2017/0015945.
Larson, US 2017/0015945, discloses a hard surface cleaner composition comprising 0.5-20% by weight of a foaming surfactant, such as an amine oxide, 0.5-15% by weight of a solvent, 0.5-15% by weight of a foaming antagonist, such as a polymer or a quat, 0.5-40% by weight of a chelating agent, adjunct materials, such as pH adjusting agents, biocides and antimicrobials, and water to balance (see abstract and paragraphs 10-11). It is further taught by Larson that the composition is used to wash hard surfaces, such as floor, counter tops, and dishes (see paragraph 22), that the composition is also used to treat carpets and laundry (see paragraph 32), that the foaming surfactant may also include propionate surfactants, such as cocamidopropionate sodium salts and dipropionates of N-(2-carboxyethyl) N-coco alkyl derivatives (see paragraphs 49-50), that the composition contains nonionic surfactants, such as alcohol ethoxylates containing 10-14 carbon atoms in the alkyl group (see paragraphs 66-68), that suitable foaming antagonists include alkyl dimethyl benzyl ammonium chlorides that contain 12-16 carbon atoms in the alkyl group (see paragraphs 89-97), that suitable pH adjusters include citric acid (see paragraph 99), that suitable chelating agents include EDTA, GLDA and MGDA (see paragraphs 101-103), that the composition contains 0.5-10% by weight of a anti-redeposition agent, such as carboxymethyl cellulose (see paragraph 164), and that the composition is made by mixing the components (see Example 1).
Although Larson generally discloses a composition containing propionate surfactants, such as cocamidopropionate sodium salts and dipropionates of N-(2-carboxyethyl) N-coco alkyl derivatives, the reference does not require such compositions containing this component with sufficient specificity to constitute anticipation.
It would have been obvious to a person of ordinary skill in the art at the time of the invention to have formulated a composition, as taught by Larson, which contained propionate surfactants, such as cocamidopropionate sodium salts and dipropionates of N-(2-carboxyethyl) N-coco alkyl derivatives, because such compositions fall within the scope of those taught by Larson. Therefore, one of ordinary skill in the art would have had a reasonable expectation of success, because such a composition containing propionate surfactants, such as cocamidopropionate sodium salts and dipropionates of N-(2-carboxyethyl) N-coco alkyl derivatives is expressly suggested by the Larson disclosure and therefore is an obvious formulation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P MRUK whose telephone number is (571)272-1321. The examiner can normally be reached on 7:00am-5:30pm Monday-Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew, can be reached on 571-272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN P MRUK/
Primary Examiner, Art Unit 1761
Brian P Mruk
February 17, 2026