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 .
This action is responsive to applicants’ amendment and response received April 27, 2026. Claims 1-20 are currently pending.
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.
All rejections set forth in the previous action under 35 U.S.C. 102 are withdrawn in view of applicants’ amendment and response.
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 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 may contain ketones such as naphthyl ketone and acetophenone (¶33). It is obvious to add well known perfumes to a perfume oil, and so the claims are rendered obvious by the reference. These perfumes are added to detergent compositions having a pH as low as 5 (¶23).
Claims 1-6 and 8-20 are rejected under 35 U.S.C. 103 as being unpatentable over 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 may contain a naphthyl ketone and acetophenone (¶40). It is obvious to add well known perfumes to a perfume oil, and so the claims are rendered obvious by the reference. These freshening comnpositions may have a pH as low as 3 (¶19).
Claims 1-6 and 8-20 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). The perfume oil may contain ketones such as naphthyl ketone and acetophenone (¶33). It is obvious to add well known perfumes to a perfume oil, and so the claims are rendered obvious by the reference. Furthermore, it would have been obvious for one of ordinary skill in the art to formulate a fabric freshening composition comprising a perfume, pro-perfume, acetophenone, and ethanolamine as these components are taught as essential or suitable components of the reference.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHARLES I BOYER/Primary Examiner, Art Unit 1761
Prosecution Insights