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 .
This Office Action is in response to the amendments and arguments filed September 14, 2026 wherein claims 1-3 and 6-16 are currently pending.
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.
Claims 1-3 and 6-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Warr et al (US 2019/0054200).
With regards to claim 1, Warr teaches a fragrance composition (abstract) that contains a chemasthetic agent that includes vanillyl or vanillyl ethyl ether (abstract) that gives a warming and/or tingling sensation when smelled (0001). Warr further teaches the composition to contain the vanillyl butyl ether in an amount of 0.3 wt% and the coumarin (reading on the claimed B2) to be in the amount of 1.78% (0135 table 9) reading on a ratio of 0.17.
With regards to claims 2 and 3, Warr teaches the composition to contain linalool in an amount of 7.11 in combination with linalyl acetate in an amount of 8.15 (0130 table 5), therefore, having a total of 14.94% (reading on A2) (0135 table 9) and isopulegol (abstract) in a concentration of 3% (0124) (reading on A1) reading on a ratio of 0.20.
With regards to claims 6 and 7, Warr teaches the addition of the fragrance 1-(2,2,6-trimethylcyclohexyl)pentan-3-ol (0058).
With regards to claim 8, Warr teaches the composition to be a chemaesthesis composition that is defined as one that activates the receptors associated with the other senses that mediate touch and thermal perception wherein the composition gives a warming sensation (0003).
With regards to claim 9, Warr teaches the amount of the claimed fragrance components to be 9.19% (135 table 9).
With regards to claim 10, Warr teaches the fragrance to be used in a product that includes an air freshener, a floor cleaner, a kitchen or bathroom surface, a toilet rim block, or a toilet cistern block (abstract) and for the total amount of the claimed fragrance components to be 9.19% (135 table 9).
With regards to claim 11, Warr teaches the composition to be a chemaesthesis composition that is defined as one that activates the receptors associated with the other senses that mediate touch and thermal perception wherein the composition gives a warming sensation (0003).
With regards to claim 12, Warr teaches the composition to be a chemaesthesis composition that is defined as one that activates the receptors associated with the other senses that mediate touch and thermal perception wherein the composition gives a warming sensation (0003).
With regards to claim 13, Warr teaches the addition of butylcyclohexanone (0060).
With regards to claims 14 and 15, Warr teaches the addition of 3-methylcyclopentadecanone (0060).
With regards to claim 16, Warr teaches the fragrance to contain vanillyl butyl ether (0135 table 9).
Response to Arguments
Applicant’s arguments, see pages 7-9, filed September 14, 2026, with respect to claims 1-12 under 35 USC 102(a)(1) have been fully considered and are persuasive. The rejection of claims 1-12 has been withdrawn.
Applicant’s arguments with respect to claim(s) 1-12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at 5712721130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA WHITELEY/Primary Examiner, Art Unit 1763
