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 .
DETAILED ACTION
Claims 1-15 are pending. Note that, the preliminary amendment filed January 18, 2024, has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
(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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over JP8-231478. Note that, an English Language Machine translation has been provided for this reference along with the original document.
With respect to independent, instant claim 1, ‘478 teaches the use of compounds of General Formula (I),
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wherein General Formula (II) suggests compounds which are the same as recited by independent, instant claim 1. ‘478 teaches that in the quaternary ammonium salt represented by the general formula (1) of the present invention, R1, R2 and R3 each represent an alkyl group or a hydroxyalkyl group having 1 to 4 carbon atoms, specifically, methyl, ethyl, etc. R4 and R5 each represent a linear or branched alkyl group or alkenyl group having 7 to 35 carbon atoms which may be substituted with a hydroxyl group. Specifically, nonyl, undecyl, tridecyl, pentadecyl, heptadecyl, etc. Moreover, it is preferable that R4 and R5 are the same, and n is an integer of from 1 to 6, m is from 0 to 20, and X represents an anionic group, preferably a halogen atom, sulfate, a carboxylate optionally substituted with a hydroxyl group having 1 to 4 carbon atoms or an alkyl sulfate having 1 to 4 carbon atoms, more preferably Cl or CH3SO4. See paras. 3-8. These compounds can be used as textile softeners or conditioning agents for the hair. See paras. 1-3.
Note that, with respect to instant claims 1-9 which recite various mixture of compounds of Formula (I), ‘478 clearly suggests the use of various compounds corresponding to General Formula (I), and it is prima facie obvious to combine two compositions, each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose…[T]he idea of combining them flows logically from their having been individually taught in the prior art. In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980). See MPEP 2144.06.
‘478 does not teach, with sufficient specificity, mixtures of compounds of Chemical Formula 1 having the specific substituents as recited by independent, instant claim 1 and the respective dependent claims.
Nonetheless it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to formulate mixtures of compounds of Chemical Formula 1 having the specific substituents as recited by independent, instant claim 1 and the respective dependent claims, with a reasonable expectation of success and similar results with respect to other disclosed components, because the broad teachings of ‘478 suggest mixtures of compounds of Chemical Formula 1 having the specific substituents as recited by independent, instant claim 1 and the respective dependent claims.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Grainger et al (US 2004/0058848) in view of JP8-231478.
With respect to independent, instant claim 1, Grainger et al teach a concentrated, aqueous fabric softening composition comprising: (a) an ester-linked quaternary ammonium fabric softening material comprising at least one monoester linked component and at least one tri-ester linked component, the material being derived from fatty groups having an iodine value of from 0 to 3; and (b) an ester-linked quaternary ammonium fabric softening material comprising at least one monoester linked component and at least one tri-ester linked component, the material being derived from fatty groups having an iodine value of from 20 to 140. See paras. 22-24. It is preferred that the compositions further comprise a nonionic surfactant. Typically these can be included for the purpose of stabilizing the compositions. Suitable nonionic surfactants include addition products of ethylene oxide and/or propylene oxide with fatty alcohols, fatty acids and fatty amines. See paras. 71-75. The compositions of the invention preferably comprise one or more perfumes. See para. 98. It is useful, though not essential, if the compositions comprise one or more polymeric viscosity control agents (i.e., rheology modifiers). Suitable polymeric viscosity control agents include nonionic and cationic polymers, such as hydrophobically modified cellulose ethers (e.g. Natrosol Plus, ex Hercules), cationically modified starches (e.g. Softgel BDA and Softgel BD, both ex Avebe). A particularly preferred viscosity control agent is a copolymer of methacrylate and cationic acrylamide available under the tradename Flosoft 200 (ex SNF Floerger). Co-active softeners for the cationic surfactant may also be incorporated in an amount from 0.01 to 20% by weight, more preferably 0.05 to 10%, based on the total weight of the composition. See para. 104.
The compositions may also contain one or more optional ingredients conventionally included in fabric conditioning compositions such as pH buffering agents, perfume carriers, fluorescers, colourants, hydrotropes, antifoaming agents, antiredeposition agents, polyelectrolytes, enzymes, optical brightening agents, pearlescers, antishrinking agents, anti-wrinkle agents, anti-spotting agents, antioxidants, sunscreens, anti-corrosion agents, drape imparting agents, preservatives, anti-static agents, ironing aids and dyes. See para. 112. The composition is preferably used in the rinse cycle of a home textile laundering operation, where, it may be added directly in an undiluted state to a washing machine, e.g. through a dispenser drawer or, for a top-loading washing machine, directly into the drum. See para. 132.
Grainger et al do not teach the specific mixture of quaternary ammonium compounds of Formula I or a composition containing a mixture of quaternary ammonium compounds of Formula I, perfume ingredients, a cosoftener, a nonionic surfactant, and/or a rheology modifier in addition to the other requisite components of the composition as recited by independent, instant claim 1 and the respective dependent claims.
‘478 is relied upon as set forth above.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use the specific mixture of quaternary ammonium compounds of Formula I as recited by instant claim 1 in the composition taught by Grainger et al, with a reasonable expectation of success, because ‘478 teaches the use of the specific mixture of quaternary ammonium compounds of Formula I as recited by instant claim 1 as a textile softener and further, Grainger et al teach the use of co-softening agents in general.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to formulate a composition containing a mixture of quaternary ammonium compounds of Formula I, perfume ingredients, a cosoftener, a nonionic surfactant, and/or a rheology modifier in addition to the other requisite components of the composition as recited by independent, instant claim 1 and the respective dependent claims, with a reasonable expectation of success and similar results with respect to other disclosed components, because the broad teachings of Grainger et al in view of ‘478 teach a composition containing a mixture of quaternary ammonium compounds of Formula I, perfume ingredients, a cosoftener, a nonionic surfactant, and/or a rheology modifier in addition to the other requisite components of the composition as recited by independent, instant claim 1 and the respective dependent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Remaining references cited but not relied upon are considered to be cumulative to or less pertinent than those relied upon or discussed above.
Applicant is reminded that any evidence to be presented in accordance with 37 CFR 1.131 or 1.132 should be submitted before final rejection in order to be considered timely.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY R DEL COTTO whose telephone number is (571)272-1312. The examiner can normally be reached M-F, 8:30am-6:00pm, EST.
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/GREGORY R DELCOTTO/Primary Examiner, Art Unit 1761
/G.R.D/December 30, 2025