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 .
Applicants' arguments, filed July 13, 2026, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims
Obvious-Type Double Patenting (Maintained Rejections)
1) Claims 1-11 and 14-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 and 12-15 of copending Application No. 18/716,833 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are coextensive insofar as both sets of claims recite a composition comprising a branched cationic conditioning surfactant, a linear fatty material, a clay and a particulate benefit. The instant claims differ from the copending claims insofar as the instant claims define the X- anion. However X- is defined in copending claim 7. Therefore the instant claims are obvious over the copending claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicants respectfully defer these issues until the application is otherwise in condition for allowance. Since this has not occurred, the rejection is maintained.
2) Claims 1-11 and 14-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 and 14-18 of copending Application No. 18/716,012 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are coextensive insofar as both sets of claims recite a composition comprising a branched cationic conditioning surfactant, a linear fatty material, a clay and a particulate benefit. The instant claims differ from the copending claims insofar as the instant claims comprise a nonionic structurant. However, hydroxyethyl cellulose is recited in copending claim 3, which is a cellulose derivative as recited in instant claim 3. Therefore the instant claims are obvious over the copending claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicants respectfully defer these issues until the application is otherwise in condition for allowance. Since this has not occurred, the rejection is maintained.
3) Claims 1-11 and 14-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 and 15-17 of copending Application No. 18/258,030 (reference application) in view of Yoshihara et al. (EP 0295903). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are coextensive insofar as both sets of claims recite a composition comprising a branched cationic conditioning surfactant, a nonionic structurant, a linear fatty material, and a particulate benefit. The instant claims differ from the copending claims insofar as the instant claims disclose a clay.
However Yoshihara et al. disclose bentonite clay as an oil absorbent material for hair preparations.
Generally, it is prima facie obvious to select a known material for incorporation into a composition, based on its recognized suitability for its intended use. See MPEP 2144.07. It would have been obvious to one of ordinary skill in the art prior to filing the instant application to add hydroxyethylcellulose and bentonite clay to the composition of the copending claims to stabilize the composition with the hydroxyethylcellulose and to obtain the oil absorption properties of bentonite.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicants respectfully defer these issues until the application is otherwise in condition for allowance. Since this has not occurred, the rejection is maintained.
4) Claims 1-11 and 14-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11, 17-18 and 20-21 of copending Application No. 18/257,693 (reference application) in view of Yoshihara et al. (EP 0295903). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are coextensive insofar as both sets of claims recite a composition comprising a branched cationic conditioning surfactant, a nonionic structurant, a linear fatty material, and a particulate benefit. The instant claims differ from the copending claims insofar as the instant claims disclose a clay.
However Yoshihara et al. disclose bentonite clay as an oil absorbent material for hair preparations.
Generally, it is prima facie obvious to select a known material for incorporation into a composition, based on its recognized suitability for its intended use. See MPEP 2144.07. It would have been obvious to one of ordinary skill in the art prior to filing the instant application to add hydroxyethylcellulose and bentonite clay to the composition of the copending claims to stabilize the composition with the hydroxyethylcellulose and to obtain the oil absorption properties of bentonite.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicants respectfully defer these issues until the application is otherwise in condition for allowance. Since this has not occurred, the rejection is maintained.
Conclusion
Claims 1-11 and 14-19 are rejected.
Claim 12 is withdrawn.
No claims allowed.
THIS ACTION IS MADE FINAL. 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 LEZAH ROBERTS whose telephone number is (571)272-1071. The examiner can normally be reached Monday-Friday 11:00-7:30.
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, Sahana Kaup can be reached at 571-272-6897. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEZAH ROBERTS/Primary Examiner, Art Unit 1612
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