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 § 112
Claims 16 and 17 are 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 16-17 provides for the use of a detergent but, since the claim does not set forth any steps involved in the method/process, it is unclear what method/process applicant is intending to encompass. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 16-17 are rejected under 35 U.S.C. 101 because the claimed recitation of a use, without setting forth any steps involved in the process, results in an improper definition of a process, i.e., results in a claim which is not a proper process claim under 35 U.S.C. 101. See for example Ex parte Dunki, 153 USPQ 678 (Bd. App. 1967) and Clinical Products, Ltd. v. Brenner, 255 F. Supp. 131, 149 USPQ 475 (D.D.C. 1966). 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.
Claim(s) 1, 2, 4-7 and 10 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by WO 2013/150300.
WO ‘300 relates to a low irritancy cleansing composition directed to personal care applications (page 1,lines 3-7) comprising (claim 1 and composition B) comprising: (a) at least one acyl alkyl isethionate surfactant of formula (I) (sodium lauroyl methyl isethionate (SLMI), 3 wt%), (b) at least one hydrocarbyl saccharide compound (sugar containing betaine (fig. VII), 2.5 wt%), sodium methyl oleoyl taurate (2 wt%), cocamidopropyl betaine (2.5 wt%), Na3EDDS (0.008 wt%) and water. It is noted that the above sugar containing betaine (fig. VII) can be defined as a difunctional ingredient comprising a sugar, a betaine moitie and a spacer defined as a hydrocarbyl group as disclosed in the application (page 6, paragraph 2). As a result, the subject matter of claims 1, 2, 4-7 and 10 is anticipated.
Claim(s) 1-3, 5-7, 9-10, 14-15 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Laurent et al (2022/257487).
Laurent et al relates to a sulfate-free surfactant composition (claim 1, [0010] and [0024]) directed to laundry applications among others ([0077], [0094] and claim 28) comprising (table 9): (a) at least one acyl alkyl isethionate surfactant of formula (I) (sodium lauroyl methyl isethionate (SLMI), 19.9 wt%), (b) at least one hydrocarbyl saccharide compound (decyl glucoside, 2.7 wt%), cocamidopropylbetaine (19.4 wt%), water, free of alkoxylated surfactant among other ingredients. It is noted that since the present document is concerned with laundry applications, the method claimed (claim 14) is implicitly disclosed. As a result, the subject matter of claims 1-3, 5-7, 9, 10, 14, 16 and 17 is anticipated.
Claim(s) 1-3, 5, 6, 8, 10 and 11 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by CN (115109664).
CN ‘664 discloses an amino acid cleansing soap tablet (claim 1) comprising: (a) at least one acyl alkyl isethionate surfactant of formula (I) (Na cocoyl isethionate, 10-13 wt%), (b) at least one hydrocarbyl saccharide compound (coco glucoside, 1-2 wt%), Sodium Lauroamphoacetate (5-7 wt%) among other ingredients. As a result, the subject matter of claims 1-3, 5, 6, 8, 10 and 11 is anticipatory.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NECHOLUS OGDEN JR whose telephone number is (571)272-1322. The examiner can normally be reached 8-4:30 EST M-F.
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/NECHOLUS OGDEN JR/ Primary Examiner, Art Unit 1761