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
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 10 and 18 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. A ratio of 2.4:0 makes no sense because the pro-perfume must be present in claim 1. Claims 10 and 18 should read “further comprising”.
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.
Claims 1-9, 11, 12, 15-17, and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Coates et al, US 2026/0002097.
Coates et al teach a perfumed dryer sheet comprising a perfume mixture and a pro-perfume comprising 3-(dodecylthio)-1-(2,6,6-trimethylcyclohex-3-en-1-yl) butan-1-one, 4-(dodecylthio)-4-(2,6,6-trimethyl-1-cyclohexen-1-yl)-2-butanone, and 4-(dodecylthio)-4-(2,6,6-trimethylcyclohex-2-en-1-yl) butan-2-one (¶161-162). Other than the pro-perfumes, there do not appear to be any perfumes in ¶161 listed in present claims 8 and 9 and so any claim limitations with respect to perfume materials that promote the formation of hydrogen sulfide are moot. As this reference meets all material limitations of the claims at hand, the reference is anticipatory.
Claims 1-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Trujillo et al, US 2014/0323383.
Trujillo et al teach a liquid laundry detergent comprising perfume oil, 3-(dodecylthio)-1-(2,6,6-trimethylcyclohex-3-en-1-yl) butan-1-one pro-perfume, monoethanolamine, and the balance water (¶81, example 1C). The perfume oil comprises the perfumes in ¶33-37, and there do not appear to be any perfumes in ¶33-37 listed in present claims 8 and 9 and so any claim limitations with respect to perfume materials that promote the formation of hydrogen sulfide are moot. As this reference meets all material limitations of the claims at hand, the reference is anticipatory.
Claims 1, 3, 5-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nwachukwu et al, US 2017/0274111.
Nwachukwu et al teach a freshening composition comprising a perfume mixture, dodecyl thio-damascone, monoethanolamine, preservative, and the balance water (¶117, example R), wherein the perfume mixture is at least one of 3-(1,3-Benzodioxol-5-yl)-2-methylpropanal, canthoxal, vanillin, ethyl vanillin, citral, ligustral, cinnamic aldehydes, and combinations thereof (see abstract). There do not appear to be any perfumes in the abstract listed in present claims 8 and 9 and so any claim limitations with respect to perfume materials that promote the formation of hydrogen sulfide are moot. As this reference meets all material limitations of the claims at hand, the reference is anticipatory.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Williams et al, US 2015/0217015.
Williams et al teach a fabric freshening composition comprising a perfume material, and dodecyl thio-damascone, wherein the ratio of perfume material to pro-perfume is from 1:1, and the pH is as low as 5 (claims 1, 4, 6, 18, and 29). Suitable buffering agents include mono, di, and triethanolamine (¶76). It would have been obvious for one of ordinary skill in the art to formulate a fabric freshening composition comprising a perfume, pro-perfume, and ethanolamine as these components are taught as essential or suitable components of the reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The examiner notes that dodecyl thio-damascone is a common pro-fragrance and perfumes are ubiquitous in detergent compositions.
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