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 .
Claims 1, 2, 4-9 and 12 are presented for examination.
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.
Claim(s) 1, 2, 4-9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carrillo et al. (CA 2,299,178 submitted by the applicant) in view of Griffith et al. (submitted by the applicant) and further in view of Watanabe et al. (US 5,756,440 submitted by the applicant) and Lindner (EP 3510867).
The claims are drawn to a disinfecting composition, the composition comprising: (a) an oxidizing disinfectant, and (b) one two or more colorants, wherein at least one of the one two or more colorants is encapsulated in a time-release encapsulant, and at least one of the two or more colorants is an azo dye and is not encapsulated.
Regarding Claims 1, 2, 4, 8 and 9, Carrillo et al. teach disinfectants and, more particularly, active chlorine preparations containing colorants in microencapsulated form. See the abstract. Carrillo teaches that The disinfectants contain alkali metal hypochlorites, preferably lithium, potassium and in particular sodium hypochlorite, as their active chlorine source. The hypochlorites may be used in quantities of 0.5 to 10% by weight, preferably in quantities of 3.0 to 7.0% by weight and more preferably in quantities of 4 to 6% by weight, based on the preparation. See Page 2, lines 9-15. Carrillo teaches Suitable pigments are, for example, green chlorophthalocyanines (Pigmosol® Grün, Hostaphine® Grün), Solar Yellow BG 300 (Sandoz), blue chlorophthalocyanine (Hostaphine® Blau) and Cosmenyl® Blau. See Page 4, lines 21-25. Carrillo teaches these colorants are used in microencapsulated form in the preparations Carrillo teaches the use of not only a single colorant in microencapsulated form, but also the use of various colorants in microencapsulated form. See Page 4, lines 30-31 and page 5, lines 1-5. Carrillo teaches that non- microencapsulated colorants may also be added to the active chlorine preparations besides microencapsulated colorants. See page 5, lines 8-10. Carrillo does not specifically teach that the colorant is an azo dye. However, Griffith teaches the use of tartrazine as certified safe dye for food and beverages. See table 1. It would have been obvious to a person skilled in the art to use azo dye such as, tartrazine in the composition of Carrillo, motivated by the teachings of Griffith et al., which teaches the use of colorant, such as tartrazine in food and beverage as safe. The use of a sachet or any other packaging form would have been obvious to a person skilled in the art in the absence of evidence to the contrary. Furthermore, to use a specific packaging does not create a patentably distinct composition.
Regarding claims 5, 6, 7 and 12, Carrillo does not teach the use of a flavoring and sweetener. However, Watanabe et al. teach disinfectant and cleanser compositions in the form of a water-degradable solid, i.e., a tablet, block. See column 1, lines 5-15. Watanabe teaches that the active disinfectant and cleansing component in the composition is a halogen-releasing agent. Alkali metal or alkaline earth metal hypochlorites, e.g., calcium hypochlorite and lithium hypochlorite is taught to be halogen releasing agents. See column 4, lines 20-22. The use of a flavor and fragrances is taught in (20). The use of a colorant in an encapsulated form is taught in claims 15 and 16. The use of the composition in a powder form is taught in Para (34). It would have been obvious to a person skilled in the art to add a flavoring agent to the composition of Carrillo, motivated by the teachings of Watanabe, which teaches the addition of flavoring agents to a disinfectant composition comprising hypochlorite as old and well known. Sanitizing the water and toilet bowl, which reads on claim 12 is taught in column 3, lines 8-17. Lindner et al. teaches an antimicrobial polymer composition and he use of said formulation and said polymer as a biocide e.g. in formulations for cleaning, disinfection and/or descaling purposes comprising said formulation. See description. The use of hypochlorite as an additional antimicrobial is taught by Lindner. Lindner teaches the use of flavors, sweeteners, excipients in the antimicrobial composition. The composition for treating water is taught in claim 14. Lindner makes clear that the use of flavors and sweeteners in antimicrobial composition as old and well known.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZOHREH A FAY whose telephone number is (703)756-1800. The examiner can normally be reached Monday-Friday 9:30AM-6:00.
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/ZOHREH A FAY/Primary Examiner, Art Unit 1617
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