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 .
Information Disclosure Statement
Receipt is acknowledged of the Information Disclosure Statements filed on 07/12/2024 and 07/14/2025. The Examiner has considered the references cited therein to the extent that each is a proper citation. Please see attached USPO form.
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 1-4, 6, 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zerhusen et.al (US10377966B2) hereinafter Zerhusen as evidenced by SDS, 2015.
With regard to claims 1-3, Zerhusen teaches a laundry care composition comprising of 64g (83.33 wt%) of Ariel Matic liquid detergent and 12.8g (16.67 wt%) of particles (see Table 4). The particles are further comprised of 20 wt% di-tallowoylethanolester dimethylammonium chloride (DEEDMAC) which is a quaternary ammonium, 3 wt% cationic hydroxyethyl cellulose (a cationic polysacchiride), and 77 wt% polyethylene glycol (PEG). The particles are taught to have an individual mass of about 1mg to about 1g (see Column 21 line 45)
With regard to claim 3, the weight average molecular weight of the PEG is 9000 Da (see Table 4).
With regards to claims 4, Zerhusen teaches a particle composition comprising of 60 wt% PEG having a weight average molecular weight of about 9000 Da, 24 wt% di-(tallowoyloxyethyl)-N,N-methylhydroxyethylammonium methyl sulfate, 6 wt% fatty acid, 7 wt% unencapsulated perfume, and 3 wt% cationic polysaccharide that is polymeric quaternary ammonium salt of hydroxyethylcellulose (see Column 19 lines 31-40).
With regard to claim 6, Zerhusen teaches the particles to have a shape selected from a group consisting of a sphere, hemisphere, oblate sphere, cylindrical, polyhedral, and oblate hemisphere (see Column 20 lines 57-60).
With regard to claim 9, Zerhusen also teaches another laundry care detergent composition comprising 84.3 g (73.24%) of Tide Original Scent and 30.8 g (26.76%) of particles. The particles further comprise of 16 wt% of diethyl ester hydroxyethyl methyl ammonium methyl sulphate (DEEHMAMS) which is a quaternary ammonium, 4 wt% fatty acid, 3 wt% cationic hydroxyethyl cellulose, and 77 wt% PEG. The PEG has a weight average molecular weight of 9000 Da (see Table 5).
With regard to claim 10, Zerhusen teaches a laundry care composition comprising of 84.3 g (73.24%) of Tide Original Scent and 30.8 g (26.76%) of particles. (see Table 5). DEEHMAMS is known in the art to be a cationic surfactant. As evidenced by the 2015 SDS,Tide Original Scent is comprised of 10-15 wt% of Poly(oxy-1,2-ethanediyl), alpha-sulfo-omega-hydroxy-, C10-16-alkyl ethers and 1-5 wt% of Benzenesulfonic acid, mono-C10-16-alkyl derivs, both of which are known in the art to be surfactants with good surface-active properties (see Page 2).
With regard to claim 11, Zerhusen teaches a process for treating an article of clothing by contacting an article of clothing with the particle composition during the wash sub-cycle of the washing machine (see Column 21 lines 29-31).
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.
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 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Zerhusen (US10377966B2) in view of DiCosimo et. al (US20210171867A1) hereinafter DiCosimo.
The teachings of Zerhusen are recited above. With regards to claim 7, Zerhusen however fails to specifically disclose a plurality of particles with a percarbonate anti-microbial agent which is further comprised of 0.1-30 wt% tetraacetylethylene-diamine (TAED).
DiCosimo teaches the use of percarbonate in combination with peroxidases as a bleaching agent (see [0368]). Although not explicitly stated as the anti-microbial agent, it is known in the art that bleaching agents function as anti-microbial agents by disinfecting and oxidizing microbes. DiCosimo also teaches a granulate detergent composition comprising of 13-22 wt % sodium percarbonate, 3-8 wt% TAED among others (see [0397]). TAED functions as a bleach activator for the percarbonate (see [0372]).
It would have been obvious to one skilled in the art before the effective filing date to modify the particles taught by Zerhusen in Table 4 to further comprise 13-22 wt % sodium percarbonate, and 3-8 wt% TAED as taught by DiCosimo for the added benefit of improved antifungal activity and improved stain resistance (see [0438]).
With regards to claim 8, Zerhusen however fails to specifically disclose particles comprising of 0.1-30 wt% percarbonate as the anti-microbial agent, and a plurality of additional particles comprised of 0.1-30 wt% tetraacetylethylene-diamine (TAED), and 25-99 wt% PEG.
DiCosimo teaches the granulate detergent composition as recited above comprising of 13-22 wt % sodium percarbonate, 0-6 wt% soluble silicate (such as sodium silicate), 3-8 wt% TAED , 0-5 wt% minor ingredients such as perfumes, among others (see [0397]). DiCosimo also teaches a second granulate detergent composition comprising of 2-8 wt% TAED, 10-17 wt% sodium carbonate, 3-9 wt % soluble silicate (such as sodium silicate), among others (see [0386]).
It would have been obvious to one with ordinary skill in the art before the effective filing date to modify the particles taught by Zerhusen in Table 4 to comprise 13-22 wt % sodium percarbonate for the benefit stated above. It would also be reasonable for a person of ordinary skill in the art before the effective filing date to combine the modified particle of Zerhusen with the second granulate detergent composition taught by DiCosimo in a mixture to improve fabric smoothness and appearance (see [0340]). 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 which is 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 (CCPA 1980). See also In re Crockett, 279 F.2d 274, 276-77 (CCPA 1960); Ex parte Quadranti, 25 USPQ2d 1071, 1072 (BPAI 1992) (mixture of two known herbicides held prima facie obvious).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zerhusen (US10377966B2) in view of Keningley et. al (US20230148247A1) hereinafter Keningley.
With regards to claim 5, the teachings of Zerhusen are discussed above. Keningley teaches a composition comprising of a plurality of particles comprising of 30-95 wt % polyethylene glycol with a weight average molecular weight of 4000 to 12000 Da and an antimicrobial agent 2-hydroxy-4, 2,4-trichlorodiphenylether (a derivative of chloroxylenol) as benefit agent (see [0015]-[0016]; see also [0047]). The particles are taught to have a mass between the range of 0.95mg and about 5g, and may additionally comprise of a colorant in a dye or pigment between 0.01 to 0.6 wt% (see [0005]; see also [0044]). Keningley further teaches a formulation example comprising 65 wt% PEG 8000 (polyglycol 8000 ex Clariant), 26 wt% starch, 0.01 wt% blue dye, 7 wt% free perfume, and 2 wt% perfume microcapsule (see Formulation 3 [0077]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the laundry care composition particles in Zerhusen with Formulation 3 of Keningley to include fragrance and blue dye in the microcapsules for the benefit of improving particle aesthetic.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Zerhusen (US10377966B2) in view of DiCosimo (US20210171867A1) and Keningley (US20230148247A1).
With regard to claim 12, Zerhusen teaches a particle comprised of 20 wt% di-tallowoylethanolester dimethylammonium chloride (DEEDMAC) which is a quaternary ammonium, 3 wt% cationic hydroxyethyl cellulose (a cationic polysacchiride), and 77 wt% polyethylene glycol (PEG) with an individual mass between 1mg-1g, as recited above. However, Zerhusen does not specifically disclose 0.1-15 wt% of sodium percarbonate, 0.1-15 wt% TAED, and 0.5-20 wt% of a perfume which is a combination of free perfume and perfume microcapsules in the particle.
DiCosimo teaches a granulate detergent composition comprising of 13-22 wt % sodium percarbonate, 3-8 wt% TAED, and 0-5 wt% minor ingredients such as perfumes among others (see [0397]). However, DiCosimo does not specifically disclose a particle with 0.5-20 wt% of a perfume which is a combination of free perfume and perfume microcapsules.
It would have been obvious to the person of ordinary skill in the art before the effective filing date to modify the particles in Zerhusen with sodium percarbonate and TAED by selecting the minimum composition range taught by DiCosimo (13 wt% sodium percarbonate, and 3 wt% TAED) for the benefit of improving fabric smoothness with over bleaching (see [0340]). Therefore, the combined weight percentages of TAED and percarbonate would be 15 wt%. However, this embodiment would not contain 0.5 to 20 wt% of a perfume which is a combination of free perfume and perfume microcapsules.
Keningley teaches 7 wt% free perfume, and 2 wt% perfume microcapsules (7:2 weight ratio of free particles to perfume microcapsule) in Formulation 3 (see [0077]).
It would have been obvious to the person of ordinary skill in the art before the effective filing date to further modify the modified particles of Zerhusen with 13 wt% sodium percarbonate, and 3 wt% TAED as taught by DiCosimo with the addition of free perfumes and perfume microcapsules. The person of ordinary skill in the art would be motivated to make this combination due to Keningley teaching the benefit of improved fragrance stability (see [0018]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHREYA PAUL whose telephone number is (571)272-1551. The examiner can normally be reached M-F: 7:30am-5:00pm.
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/SP/Patent Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761