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 .
DETAILED ACTION
Claims 1-20 are pending. Note that, the preliminary amendment filed March, 28, 2024, has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 10 are objected to because of the following informalities:
With respect to instant claim 10, lines 2 and 3, it is suggested that Applicant delete the abbreviations such as “EDTA” along with the other abbreviations listed and insert the actual chemical names.
Appropriate correction is required.
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 8, 12, 15, 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.
With respect to instant claims 8, 12, and 18, these claims are vague and indefinite in that it is unclear what is meant by “ratio”; for example, is it a ratio by weight, volume, molar, etc.? Clarification is required. Note that, for purposes of examination, the Examiner has interpreted “ratio” as a weight ratio which is consistent with the instant specification.
With respect to instant claim 15, this claim is vague and indefinite in that while instant claim 15 recites a method for disinfecting and/or cleaning a hard surface, there are no active method steps claimed such that one of ordinary skill in the art would not be able to determine the metes and bounds of the claimed invention. Clarification is required. Note that, for purposes of examination, the Examiner has interpreted the method for disinfecting and/or cleaning a hard surface as requiring “contacting” the hard surface with the composition.
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Karandiker et al (US 10,433,545).
With respect to independent, instant claim 1, Karandiker et al teach to quaternary ammonium disinfecting cleaning compositions comprising a quaternary ammonium compound, an alkyl a polyglycoside with a CMC greater than 1000 ppm and a chelant. Beneficially, the compositions provide residual sanitizing efficacy without diminished performance and without scale formation when diluted with hard water. The compositions are suitable for inactivating and/or reducing infectious agents, particularly Norovirus, Adenovirus, and Polyomavirus. See Abstract. The compositions may be in the form of a concentrate and contain 1% to 30% of a biocidal quaternary ammonium compound, 1% to 30% of an amine, 1% to 30% of an alkylpolyglycoside,1% to 30% of an amine oxide, and 0 to 30% of other functional ingredients. Use solutions of the composition may contain 0.0001 to 3% of a biocidal quaternary ammonium compound, 0.0005 to 3% of an amine, 0 to 5% of an alkylpolyglycoside, 0 to 5% of an amine oxide, and 0 to 10% of other functional ingredients. See column 27, lines 1-50. The concentrate may have a pH of from about 5 pH to about 14 pH, preferably is from about 6 pH to about 11 pH, and more preferred is from about 7 pH to about 10 pH. The use solution may have a pH in the range of about 6 pH to about 12 pH, preferably is from about 7.5 pH to about 11.5 pH, and more preferred is from about 7 pH to about 11.0 pH. may have a pH in the range of about 6 pH to about 12 pH, preferably is from about 7.5 pH to about 11.5 pH, and more preferred is from about 7 pH to about 11.0 pH. According to one aspect of the invention, the concentrated disinfectant cleaning composition can be diluted with a at least one carrier preferably water, by a factor of 5 to 1000, preferably 10 to 500 and further preferred 20 to 400 to obtain the diluted disinfectant cleaning composition of the invention. See column 24, lines 10-40.
Suitable amine oxides include decyldimethylamine oxide, undecyldimethylamine oxide, dodecyldimethylamine oxide, iso-dodecyldimethyl amine oxide, tridecyldimethylamine oxide, tetradecyldimethylamine oxide, etc. See column 12, lines 35-69. The disinfectant cleaning composition may in addition comprise at least one sequestering agent/chelant. In general, a chelating agent is a molecule capable of coordinating (i.e., binding) the metal ions commonly found in water sources to prevent the metal ions from interfering with the action of the other ingredients. Examples of chelating agents include phosphonic acid and phosphonates, phosphates, aminocarboxylates and their derivatives, pyrophosphates, ethylenediamine and ethylenetriamine derivatives, hydroxyacids, and mono-, di-, and tri-carboxylates and their corresponding acids. The chelant is present in the formulations of the invention from about 3000 ppm to about 10 ppm; preferably from about 2500 ppm to about 60 ppm and more preferably from about 1700 ppm to about 100 ppm in the use dilution. On a weight percent basis the chelant can comprise from about 30 wt. % to about 0.1 wt. % preferably from about 25 wt. % to about 0.4 wt. % and more preferably from about 17 wt. % to about 0.7 wt. % in the concentrate. Suitable chelating agents include EDTA, NTA, citric acid, and salts thereof, etc. See column 13, lines 15-69. Suitable amines include N-(3-aminopropyl)-N-dodecyl-1,3-propanediamine, etc. See column 14. Anionic surfactants may be used in the composition and include alkyl or alkylethoxycarboxylates, etc. Additional Nonionic surfactants may be used in the composition and include EO/PO copolymers, alcohol alkoxylates, etc. See column 17. Zwitterionic surfactants may be used in the composition and include betaines such as coconut acylamidopropyldimethyl betaine; hexadecyl dimethyl betaine, etc. In some embodiments, the compositions of the present invention include about 0.4 wt % to about 12.8 wt % of a surfactant. In some embodiments, the compositions of the present invention include about 62.5 ppm to about 2000 ppm of a surfactant. See column 17 to column 21. An acid may be provided to adjust the pH of the solution. Organic acids such as lactic, citric, hydroxyacetic, succinic may be used. Alternately inorganic acids such as sulfuric, sulfamic and hydrochloric may be used. Depending on the acid it may also contribute other benefits to the formula, such as divalent metal sequesteration. See column 23, lines 1-30.
Using the disinfectant compositions according to the invention can take the form of a concentrate that can be diluted and combined to provide a ready-to-use solution, and as a ready-to-use liquid composition that can be used to clean articles having a metal or plastic surface, such as tabletops, doorknobs, painted surfaces, television remote controls, computer keyboards and other high touch objects that may participate in germ transmission. Metal surfaces and/or plastic surfaces in need of disinfecting and cleaning are found in several locations. Exemplary locations include machine parts, vehicles, work surfaces, tabletops, appliance handles, lavatory surfaces, hotel room surfaces. Metal surfaces that can be disinfected include iron-based metals such as iron, iron alloys, e. g. steel, tin, aluminum, copper, tungsten, titanium, molybdenum, etc., for example. The structure of the metal surface to be disinfected can vary widely. Thus, the metal surface and/or plastic surface can be as a metal and/or plastic part of complex configuration, sheeting, coils, rolls, bars, rods, plates, disks, etc. The disinfectant cleaning composition of the invention is maybe suitable for a variety of consumer applications. Examples of the formulations of the invention include, but are not limited to surface cleanings such as those intended for use in bathrooms, kitchens, living areas hard floor cleanings carpet cleanings furniture cleanings, glass/mirror cleanings; toilet care products including solid toilet cleanings. The disinfectant composition, preferably the ready-to-use-composition, can be applied to a surface by wiping the treated surface with a saturated cloth, mop, sponge or other suitable delivery mechanism. The composition can also be applied by spraying and/or flooding the surface with the disinfectant composition or by immersion of items in the use solution. The liquid is normally allowed to keep the surface wet for the specified contact time to ensure the desired level of antimicrobial effect. See columns 25 and 26.
Karandiker et al do not teach, with sufficient specificity, a composition containing a triamine-based antimicrobial agent, a pH dependent anionic surfactant, a nonionic surfactant, and the other requisite components of the composition in the specific amounts as recited by independent, instant claim 1 and the respective dependent claims.
Nonetheless it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to formulate a composition containing a triamine-based antimicrobial agent, a pH dependent anionic surfactant, a nonionic surfactant, and the other requisite components of the composition in the specific amounts as recited by independent, instant claim 1 and the respective dependent claims, with a reasonable expectation of success and similar results with respect to other disclosed components, because the broad teachings of Karandiker et al suggest a composition containing a triamine-based antimicrobial agent, a pH dependent anionic surfactant, a nonionic surfactant, and the other requisite components of the composition in the specific amounts as recited by independent, instant claim 1 and the respective dependent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Remaining references cited but not relied upon are considered to be cumulative to or less pertinent than those relied upon or discussed above.
Applicant is reminded that any evidence to be presented in accordance with 37 CFR 1.131 or 1.132 should be submitted before final rejection in order to be considered timely.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY R DEL COTTO whose telephone number is (571)272-1312. The examiner can normally be reached M-F, 8:30am-6:00pm, EST.
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 (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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/GREGORY R DELCOTTO/Primary Examiner, Art Unit 1761
/G.R.D/June 16, 2026
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