DETAILED ACTION
This Office action is in response to Applicant’s amendment filed June 3, 2026. Applicant has amended claims 1, 10, 15 and 26. Claim 16 has been cancelled. New claims 28 and 29 have been added. Currently, claims 1-13, 15 and 17-29 remain pending in the application.
The text of those sections of Title 35 U.S. Code not included in this action can be found in the prior Office action, Paper No. 20260206.
The rejection of claim 10 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, is withdrawn in view of applicant’s amendments and remarks.
The rejection of claims 15 and 26 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for containing the limitation “wherein the chitosan has a molecular weight” is maintained for the reasons of record.
The rejection of claims 1-13 and 15-27 under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Berthier et al, WO 2020/127743, is withdrawn in view of applicant’s amendments and remarks.
NEW GROUNDS OF REJECTION
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.
Claim 12 is 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.
Claim 12 recites the limitation "comprising at least one polysaccharide" in lines 6-7. There is insufficient antecedent basis for this limitation in the claim. Specifically, newly amended claim 1 requires the polysaccharide to be bacterial derived cellulose, diutan gum, and combinations thereof. Appropriate correction and/or clarification is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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 1-13, 17-25 and 27-29 are rejected under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Caggioni et al, US 2012/0208737.
Caggioni et al, US 2012/0208737, discloses a liquid detergent composition comprising an external structuring system comprising a bacterial cellulose network (see abstract). It is further taught by Caggioni et al that the composition contains 0.005-1% by weight of an external structuring system comprising a bacterial cellulose network, 30-75% by weight of water, 0.01-70% by weight of a surfactant system (see paragraph 6), that the bacterial cellulose network is produced via fermentation of a bacteria of the genus Acetobacter and includes microfibrillated cellulose and reticulated bacterial cellulose (see paragraph 23), that the composition further contains diutan gum and guar gum (see paragraph 41), that suitable surfactants include ethoxylated alcohols (see paragraphs 70-92), that the composition contains 0.001-10% by weight of perfume microcapsules (see paragraphs 115-119), 0.01-1.5% by weight of magnesium ions (see paragraphs 126-127), and adjunct ingredients for washing fabrics, such as perfumes (see paragraphs 140-145), wherein the composition is made by mixing the components (see paragraphs 146-168), per the requirements of the instant invention. Specifically, note Examples 1-10. Therefore, instant claims 1-13, 17-25 and 27-29 are anticipated by Caggioni et al, US 2012/0208737.
In the alternative that the above disclosure is insufficient to anticipate the above listed claims, it would have nonetheless been obvious to the skilled artisan to produce the claimed composition, as the reference teaches each of the claimed ingredients within the claimed proportions for the same utility.
Response to Arguments
Applicant's arguments filed June 3, 2026 have been fully considered but they are not persuasive.
The examiner notes that applicant’s remarks state that the amendments to claims 15 and 26 overcome the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, rejections. However, the examiner respectfully disagrees. Specifically, the rejection of claims 15 and 26 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for containing the limitation “wherein the chitosan has a molecular weight” is maintained for the reasons of record. The examiner maintains that this limitation renders the claim vague and indefinite, since it is unclear if the molecular weight refers to the weight average molecular weight or the number average molecular weight of the chitosan component. Appropriate correction and/or clarification is required.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boutique et al, EP 2,408,892, discloses structured fluid detergent compositions containing bacterial cellulose.
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 BRIAN P MRUK whose telephone number is (571)272-1321. The examiner can normally be reached on 7:00am-5:30pm Monday-Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew, can be reached on 571-272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN P MRUK/
Primary Examiner, Art Unit 1761
Brian P Mruk
July 29, 2026
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