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 § 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.
Claims 1-11, and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Dreilinger et al, US 8,268,334.
Dreilinger et al teach an acidic hard surface cleaner comprising 2.5% lactic acid, 4.43% of a surfactant system comprising 1% alkylpolyglucoside, C14-17 secondary alkyl sulfonate, ethoxylated alcohol, and the balance water wherein the composition has a pH of about 3 (col. 18, example E2). The anionic surfactant may be a secondary alkyl sulfonate, as shown in the examples, or a secondary alkyl sulfate (see claim 1). Accordingly, it would have been obvious for one of ordinary skill in the art to use a secondary alkyl sulfate in place of the secondary alkyl sulfonate in the examples with confidence of forming an effective hard surface cleaner as a secondary alkyl sulfate is a preferred anionic surfactant of the invention. Though the 4.43% surfactant content in the example is just outside the 5 to 50% claimed, the reference contemplates greater amounts of anionic and nonionic surfactants, putting the surfactant system well within the claimed range (see col. 5, lines 38-43 and col. 12, lines 54-58).
With respect to claims 2 and 4, the anionic surfactants may be present in these compositions in an amount as high as 5% (col. 5, lines 38-43) and cosurfactants are contemplated putting the surfactant system well within the range claimed.
With respect to claim 3, example E2 above contains 38% anionic surfactant, which satisfies the “about 40%” claimed, and in any event, greater amounts of anionic surfactant are contemplated by the reference as discussed above.
With respect to claims 5 and 6, example E2 contains a single anionic surfactant and when that surfactant is a secondary alkyl sulfate, 100% of the anionic surfactant is secondary alkyl sulfate.
With respect to claims 7 and 8, as secondary alkyl sulfonates and secondary alkyl sulfate are the preferred anionic surfactants of the invention, it would be obvious for one of ordinary skill in the art to use a combination of these surfactants in the hard surface cleaner of the reference.
With respect to claim 14, the alkylpolyglycoside has an alkyl chain length of from 8 to 18 carbon atoms and a degree of polymerization of from 1.1 to 2 (col. 10, lines 30-45).
With respect to claims 15-17, betaine surfactants are suitable cosurfactants of the invention and may be present in amounts up to 5% (col. 12, lines 29-59).
Claims 1-5, 7-13, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Evers et al, US 2010/0323943.
Evers et al teach a liquid hand dishwashing composition comprising 0.8% chelant, 22% of a surfactant system comprising 3% alkylpolyglucoside, 12% C12-13 alkyl ethoxy sulfate with a degree of branching of 24%, 1% paraffin sulfonate, 6% amine oxide, and the balance water (¶89, example 18), wherein the alkyl ethoxy sulfate may have a degree of ethoxylation as low as zero and so would be a branched alkyl sulfate, and these compositions may have a pH as low as 3 (¶80). Suitable chelants of the invention include lactic acid (¶27). Accordingly, it would have been obvious for one of ordinary skill in the art to use a branched alkyl sulfate as the surfactant and lactic acid as the chelant in example 18 with confidence of forming an effective hand dishwashing detergent as these components are taught as suitable by the reference.
With respect to claim 3, example 18 contains 59% anionic surfactant.
With respect to claim 5, example 18 contains 92% branched alkyl sulfate.
With respect to claims 15-17, betaine surfactants are suitable cosurfactants of the invention and may be present in amounts up to 10% (¶36).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES I BOYER whose telephone number is (571)272-1311. The examiner can normally be reached M-S 10-430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at 5712722817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES I BOYER/Primary Examiner, Art Unit 1761
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