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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hall et al, US 6,881,717.
Hall et al teach a solid fabric softener composition which may be in the form of a tablet comprising greater than 40% dry additives including sodium carbonate, citric acid, sodium sulfate, perfume, and quaternary ammonium softening surfactant (col. 35, example 1D). Suitable cationic softeners include dicetyldimethylammonium chloride, distearyldimethylammonium chloride, dieicosyldimethylammonium chloride, and didocosyldimethylammonium chloride (col. 18, lines 55-60). It would have been obvious for one of ordinary skill in the art to use any of these well-known cationic softeners in the composition of example 1D as the reference teaches cationic softeners as preferred and the above cationic softeners as suitable in their fabric softeners. The examiner maintains that a detergent with dry additives that include disintegrant agents satisfies the “disintegrant system” claimed.
With respect to present claim 5, the cationic surfactants may be present in preferred amounts as high as 10% (col. 17, lines 1-3).
With respect to present claim 10, clays are preferred ingredients in these compositions (see abstract).
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ramachandran, US 5,034,147.
Ramachandran teaches a fabric softening patty that may be scored and so broken into pieces comprising greater than 40% dry additives including sodium carbonate, sodium silicate, and perfume, as well as 20% dimethyldistearylammonium chloride (col. 14, example 4). These patties may contain different components in a different section of the same patty, for example an effervescent section containing sodium bicarbonate and citric acid and a softening section containing cationic softeners and/or bentonite (col.13, lines 20-40). It would have been obvious for one of ordinary skill in the art to include an effervescent section and a softening section in the same patty and so satisfy all claim limitations as this precise scenario is contemplated by the reference. The examiner maintains that a patty is indistinguishable from a tablet when this term is given its broadest reasonable interpretation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The examiner notes that disintegrants and quaternary ammonium softeners 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.
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