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 .
Election/Restrictions
Applicant’s election without traverse of Invention group I (claims 1-5) in the reply filed on 12/04/2025 is acknowledged.
Claims 6-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper content of an abstract of the disclosure.
In chemical patent abstracts for compounds or compositions, the general nature of the compound or composition should be given as well as its use, e.g., “The compounds are of the class of alkyl benzene sulfonyl ureas, useful as oral anti-diabetics.” Exemplification of a species could be illustrative of members of the class. For processes, the type of reaction, reagents and process conditions should be stated, generally illustrated by a single example unless variations are necessary.
The abstract of the disclosure is objected to because it does not include the claimed features (e.g., glycolic acid and lactic acid). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 103
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 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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over DE 19511193 to Ecolab GmbH and Co. OHG (“Ecolab”, and note the attached translation).
Regarding claim 1, Ecolab teaches an aqueous composition (page 3, lines 2-9, page 3, line 65 – page 4, line 5, page 4, lines 3-5 and 35, page 4, line 60 – page 5, line 5, page 9, lines 25-60, tables 1 and 2, composition 5, translation, abstract) useful for the cleaning and/or stain removal of plastic and fabric surfaces of the interior parts of vehicles comprising glycolic acid and lactic acid (table 2, translation, page 6, para beginning “A concentrate for the preparation”, page 7, para beginning “In the following”, page 10, claim 10). It is noted that the recited vehicles are not positively claimed and are not interpreted to be required features of the claimed composition.
Ecolab does not explicitly teach composition wherein each of the glycolic acid and lactic acid are in amounts comprised between 01% and 5% in weight. Ecolab discloses amounts of 10% (table 2). However, Ecolab discloses that the disclosed amounts are a concentrate form (translation, page 7, para beginning “In the following”). Further, Ecolab discloses carboxylic acids generically at 0.2% to 5% in aqueous form (translation, page 3, para beginning “The aqueous cleaning liquids”, page 10, claim 5), and glycolic acid and lactic acid are carboxylic acids.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the Ecolab solution wherein, with the addition of the water, each of the glycolic acid and lactic acid are in amounts comprised between 01% and 5% in weight, with a reasonable expectation of success, in view of the disclosure to add water and that the listed amounts are in concentrate form, and the concentration of carboxylic acids in aqueous form. Further, overlapping, approaching and similar ranges are prima facie obvious (MPEP 2144.05). Furthermore, the present specification does not appear to demonstrate the criticality of the recited range.
Regarding claim 2, Ecolab does not explicitly teach the composition having a pH lower than 3, but discloses a composition range of 3 to 12 (translation, page 5, para beginning “To adjust the pH”). It is noted that overlapping, approaching and similar ranges are prima facie obvious (MPEP 2144.05).
Regarding claim 3, Ecolab discloses a composition further comprising non-ionic surfactants, cationic surfactants, emulsifiers, sequestering agents, dyes and perfumes (table 2, composition 5, translation, page 3, para beginning “For use in the cleaning liquids”, page 4, para beginning “The cleaning liquid can be used”, page 5, para beginning “Although the cleaning liquid”).
Regarding claim 4, the Ecolab composition appears to be fully capable of being used in a manner wherein the vehicles are selected between cars, motor vehicles, lorries, buses, road trains, railway carriages and other public or private means of locomotion on rails. It is noted that the recited vehicles are not positively claimed and are not interpreted to be required features of the claimed composition.
Regarding claim 5, the Ecolab composition appears to be fully capable of being used in a manner wherein the stain is inorganic. It is noted that the recited stain is not positively claimed and is not interpreted to be a required feature of the claimed composition.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC GOLIGHTLY whose telephone number is (571)270-3715. The examiner can normally be reached M-F: 10 am - 7 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kaj Olsen can be reached at (571) 272-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC W GOLIGHTLY/Primary Examiner, Art Unit 1714