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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 11,433,431 in view of Sherry et al., US 6,716,805. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of US 11,433,431 anticipates nearly all of the limitations of the pre-loaded cleaning substrate of claim 1 of the present application nearly verbatim. Claim 1 of US 11,433,431 does not require the cleaning composition to comprise a fragrance or that the surface tension modifier is specifically comprising at least one of a glycol ether, an alcohol, or an amine oxide. Sherry et al. teach a cleaning composition on a substrate (Abstract), the cleaning composition comprises a fragrance (perfume) to provide odor effects and an olfactory aesthetic benefit (column 4 lines 50-51, column 18 lines 30-32) and a surface tension modifier that comprises an amine oxide (column 6 lines 36-39) to allow water to “sheet” more readily (column 6 lines 36-47). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaning composition of US 11,433,431 to further include a fragrance and a surface tension modifier including at least an amine oxide, as Sherry et al. teach, so that the cleaning composition used is pleasant to smell with an olfactory aesthetic benefit and also to allow the water to “sheet” in an improved manner when the cleaning substrate cleans a surface.
Claims 2-7 of US 11,433,431 are verbatim with and correspond to claims 3-8 of the present application. Claims 2 and 9-12 of the present application include numeric ranges that are narrower/within than the numeric ranges recited in claims 1-2 and 7 of US 11,433,431.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,975,366 in view of Sherry et al., US 6,716,805. Although the claims at issue are not identical, they are not patentably distinct from each other because independent claims 1 and 13 of US 11,975,366 anticipates nearly all of the limitations of the pre-loaded cleaning substrate of independent claims 1 and 13 of the present application nearly verbatim. Claims 1 and 13 of US 11,975,366 does not require the cleaning composition to comprise a fragrance. Sherry et al. teach a cleaning composition on a substrate (Abstract), the cleaning composition comprises a fragrance (perfume) to provide odor effects and an olfactory aesthetic benefit (column 4 lines 50-51, column 18 lines 30-32). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaning composition of 11,975,366 to further include a fragrance, as Sherry et al. teach, so that the cleaning composition used is pleasant to smell with an olfactory aesthetic benefit.
Claims 2-12 and 14-15 of 11,975,366 are verbatim with and correspond to claims 2-12 and 14-15 of the present application.
Claims 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 11,975,366 in view of Sherry et al., US 6,716,805. Although the claims at issue are not identical, they are not patentably distinct from each other because independent claim 1 of US 11,975,366 anticipates nearly all of the limitations of the pre-loaded cleaning substrate of independent claim 16 of the present application nearly verbatim. Claim 1 of US 11,975,366 does not require the cleaning composition to comprise citric acid. Sherry et al. teach a cleaning composition on a substrate (Abstract), the cleaning composition comprises a citric acid as it is advantageous in removing soap scum and hard water stains from a surface (column 13 lines 50-77). Regarding claim 20, Sherry et al. also teaches that the amount of citric acid present is in an amount from about 0.1% to about 3% by weight (column 14 lines 9-16). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaning composition of 11,975,366 to further include a citric acid in an amount from about 0.1% to about 3% by weight, as Sherry et al. teach, so that the cleaning composition can effectively remove soap scum and hard water stains from a surface.
Claims 2-4 of 11,975,366 are verbatim with and correspond to claims 17-19 of the present application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhou et al., US 2005/0129897, disclose a pre-loaded cleaning substrate (30) comprising, (i) a substrate (30 comprises abrasive layer 32 and web 34, Figures 6-7) with a basis weight of greater than 100 g/m2 (up to 150 gsm, grams per square meter, see paragraph [0112]) and an air permeability of at least 46 ft3/min (paragraph [0082], abrasive layer having a basis weight of 150 g/m2 may have air permeability of 70 CFM, cubic ft/minute; see also paragraphs [0137]- [0138]; paragraph [0256] states air permeability of web is 440 CFM; see also paragraphs [0266]-[0268]); and (ii) a cleaning composition loaded onto the substrate (paragraphs [0164]-[0165]), the cleaning composition comprising a fragrance (paragraph [0179]). Zhou et al. fail to disclose that the pre-loaded cleaning substrate comprises fibers with an average fiber diameter of about 10 μm to about 15 μm, wherein the pre-loaded cleaning substrate picks up more than 80% of particles with an L/D aspect ratio of at least 3000, wherein the pre-loaded cleaning substrate has a retention index greater than 20, and the cleaning composition has a surface tension of less than 40 dynes/cm.
Song et al., US 2018/0160873, disclose a pre-loaded cleaning substrate (10), comprising (i) a substrate (10) with a basis weight of greater than 100 g/m2 (see paragraph [0144]) and an air permeability (not specifically given, see paragraphs [0226] and [0272]); and (ii) a cleaning composition (liquid composition, see paragraph [0107]) loaded onto the substrate comprising a fragrance (paragraph [0114]) or citric acid (paragraph [0111]), glycol ether (paragraph [0123]) or amine oxide (paragraph [0117]), and water (paragraph [0109]); further wherein the pre-loaded cleaning substrate comprises fibers with an average fiber diameter of about 10 μm to about 15 μm (paragraphs [0074]-[0076]). Song et al. fail to disclose that the pre-loaded cleaning substrate picks up more than 80% of particles with an L/D aspect ratio of at least 3000, wherein the pre-loaded cleaning substrate has a retention index greater than 20, and the cleaning composition has a surface tension of less than 40 dynes/cm.
Sherry et al., US 6,716,805, disclose a pre-loaded cleaning substrate (cleaning pad, claim 1) comprising, (i) a substrate (cleaning pad) with a basis weight of greater than 100 g/m2 (see claim 1); and a cleaning composition on the substrate (Abstract), the cleaning composition comprises a fragrance (perfume) to provide odor effects and an olfactory aesthetic benefit (column 4 lines 50-51, column 18 lines 30-32) and a surface tension modifier that comprises an amine oxide (column 6 lines 36-39) to allow water to “sheet” more readily (column 6 lines 36-47). Sherry et al. also teach that its cleaning composition comprises a citric acid as it is advantageous in removing soap scum and hard water stains from a surface (column 13 lines 50-77) and also teaches the amount of citric acid present is in an amount from about 0.1% to about 3% by weight (column 14 lines 9-16) and that the cleaning composition has a surface tension of less than 40 dynes/cm (25, 30, or 35 dynes/cm; column 37 lines 1-16). Sherry et al. fail to disclose that the substrate has an air permeability of at least 46 ft3/min and that the pre-loaded cleaning substrate picks up more than 80% of particles with an L/D aspect ratio of at least 3000, wherein the pre-loaded cleaning substrate has a retention index greater than 20.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura C Guidotti whose telephone number is (571)272-1272. The examiner can normally be reached typically M-F, 6am-9am, 10am-4:30pm.
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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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