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 .
Information Disclosure Statement
Receipt is acknowledged of the Information Disclosure Statement filed 06 June 2024. The Examiner has considered the reference cited therein to the extent that each is a proper citation. Please see the attached USPTO Form.
Claim Interpretation
With regard to claim 1, the independent claim recites a composition for wet indicator comprising an oily gel, which is a swollen body of a three-dimensionally crosslinked liquid oily substance and a gelling agent, colorant, and a water holding agent. While Applicant recites the oily gel exhibits the swollen body comprising the liquid oily substance and gelling agent constituting the full composition, for purposes of claim interpretation the swollen body of a three-dimensionally crosslinked are extended little patentable weight because the entirety of the composition ultimately comprises as one, single composition.
In other words, claim 1 composition is interpreted as a composition for wet indicator comprising an oily gel, which is a swollen body of a three-dimensionally crosslinked liquid oily substance and a gelling agent, colorant, and a water holding agent.
The swollen body of a three-dimensionally crosslinked while comprised in a single composition are not patentably discrete from one another in said single composition.
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.
Claim 11 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 regard to claim 11, the addition of the word “having” to an otherwise definite expression (e.g. stearic acid) extends the scope of the expression so as to render it indefinite, see Ex parte Copenhaver, 109 USPQ 1 18 (Bd. App. 1955). See also MPEP 2173.05 (B) (e). The word “having” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Due to a lack of specificity regarding “having”, it is unclear of the definition that would render a stearic acid. For examination purposes, the word type is removed and “stearic acid” stands alone.
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.
Claims 1-6 and 9-16 are rejected under 35 U.S.C. 103 as being unpatentable over Klofta (US-20160038628-A1, located in the Information Disclosure Statement).
With regard to claim 1, Klofta teaches a wetness indicating composition comprising binding matrix and colorant (Abstract), wherein the binding matrix consist of a binding agent (e.g. paraffin oil, para [0050]; which represents the claimed liquid oily substance), stabilizer (e.g. stearic acid, para [0061]; which represents the claimed gelling agent), and structural adjuncts (e.g. fatty alcohols, para [0063]; which represents the claimed water holding agent). This reads on the claimed composition.
Klofta does not explicitly teach the oily gel is a swollen body of a three dimensional crosslink. However, Klofta teaches that the composition is an absorbent gelling material consisting of a crosslinked polymeric material capable of absorbing at least 5 times its weight (para [0008]). This disclosure can be interpreted to read on the claim limitation as the composition creates a crosslinked material that forms a three dimensional body upon absorption. Additionally, Klofta teaches the incorporation of paraffin oils, polyisobutylene, castor oil, (para [0050]), as well as stearic acid, and oleic acid may be used (para [0052]). These disclosures corresponds to the exemplified oily gel [described in the instant specification located on page 30-34, Table 1-5] which would prompt the oily gel with a swollen body dimension.
With regard to the swollen body of a three dimension, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to formulate Klofta’s composition comprising a paraffin oil and stearic acid to achieve the oily gel swollen body of a three dimension crosslink. A person of ordinary skill in the art prior to the effective filling date of would have recognized the utility of a liquid substance and gelling agent, as Klofta can be provided with both, in which paraffin oil includes a liquid oily substance and stearic acid includes the gelling agent. Therefore, given the overlapping components disclosed in a single composition, a person of ordinary skill in the art would make the modifications with a reasonable level of success.
Please note, the intended use of the above claimed composition (i.e. for wet indicator) does not patentably distinguish the composition, per se, since such undisclosed use is inherent in the reference composition. In order to be limiting, the intended use must create a structural difference between the claimed composition and the prior art composition.
In the instant case, the intended use does not create a structural difference, thus the intended use is not limiting (see, e.g., MPEP 2112).
With regard to claim 2, Klofta teaches C-14-22 fatty alcohols as structural adjuncts, solvents, and surfactants (paras. [0063, 0064. 0052]). This can be interpreted as the water holding agent, as fatty alcohols are aliphatic alcohols and the C-14-22 reads on the claimed limitation of aliphatic alcohol with 6 or greater carbon atoms.
With regard to claim 3, Klofta teaches the incorporation of stearyl alcohol as both a suitable solvent and structural adjunct (Table 1, para [0052]). Additionally, Klofta teaches the use of natural waxes such as carnauba (para [0049]).
With regard to claim 4, Klofta teaches that the wetness indicating composition may be on and/or within a substrate. Specifically, the substrate may include, but is not limited to, a structural components, such as woven fabrics, nonwoven fabrics, films, sponges, and combinations thereof (para [0065]).
With regard to claim 5, Klofta teaches that the absorbent article is a disposable diaper (Figure 1, para [0068]).
With regard to claim 6, Klofta teaches the composition comprising a binding agent (e.g. polybutene) at 1 to 90% (para [0033]), an acidic stabilizer at 0.001 to 30 wt.% (para [0061-0062]). a colorant at 02 to 15 wt.% (para [0027]), and optional ingredients (e.g. a surfactant, plasticizer, structural adjunct, and solvents) at 0.001% to 50% (para [0051]), which overlaps the claimed ranges.
With regard to claims 9-11, Klofta teaches the use of acidic stabilizers, specifically fatty acids such as stearic and palmitic acid, to stabilize the wetness indicator to high humidities and destabilizing components (para [0061]), which reads on the claimed limitation requiring a saturated fatty acid with 16 or greater carbon atoms.
With regard to claim 12, Klofta teaches that the colorant may be a dye (e.g. azo and anthraquinone dyes, para [0026]), an ink, a pigment, or a pH indicator (para [0016]).
With regard to claim 13, Klofta teaches that the wetness indicating composition comprises at least one liquid-activated colorant combined with at least one permanent colorant, wherein the permanent colorant may be a pigment or a dye or even a liquid-activated pH indicator colorant (para [0016]) and the liquid-activated colorant, can be crystal violet lactone (para [0022]). This disclosure teaches a mixture wherein crystal violet lactone (i.e., a leuco dye) serves as the liquid-activated colorant and a pH indicator serves as the permanent colorant, thereby reading on the claimed mixture.
With regard to the mixture, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to formulate Klofta’s wetness indicating composition using these specific colorants. Specifically, it would be obvious to select crystal violet lactone as the liquid activated colorant and a pH indicator as the permanent colorant. A person of ordinary skill in the art would have a reasonable expectation of success in achieving the claimed invention, as Klofta’s wetness indicating composition can be provided as a two part colorant composition, featuring crystal violet lactone is the liquid activated colorant and pH indicator is the permanent colorant. Therefore, given the overlapping components disclosed in a single composition, a person of ordinary skill in the art would expect the modification to be obvious.
With regard to claim 14, Klofta teaches C-14-22 fatty alcohols as structural adjuncts, solvents, and surfactants (paras. [0063, 0064. 0052]). This can be interpreted as the water holding agent, as fatty alcohols are aliphatic alcohols and C-14-22 reads on the claimed limitation of aliphatic alcohol with 6 or greater carbon atoms.
With regard to claim 15, Klofta teaches the incorporation of stearyl alcohol as a solvent and structural adjunct (Table 1, para [0052]).
With regard to claim 16, Klofta teaches the binding matrix comprising binding agents, tackifiers, surfactants, stabilizers, anti-oxidants, pigment (para [0016]), thickener (para [0063]), UV-stabilizers, plasticizers, rosins, hot melt adhesive components like polymers and waxes, wetting agents, solvents and other optional ingredients (paras [0028]).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Klofta (US-20160038628-A1, located in the Information Disclosure Statement) as applied to claims 1-6 and 9-16 above, and further in view of Turner (US-20200222254-A1).
With regard to claims 7-8, Klofta teaches that the binding agent may comprise polybutene-1, polyisoprene, polybutadiene rubber (para [0047]), and polyisobutylene (para [0050]), which reads on the liquid polymer.
However, Klofta does not explicitly teach the specific molecular weight.
In the same field of endeavor, Turner teaches an absorbent article comprising a colorant (para [0169]), wetness or pH indicator (para [0117]), polymers (e.g. polyisobutylene, para [0163]), fatty acids (para [0165]) for diaper application.
Furthermore, Turner teaches polyisobutylene is a preferred material because it functions as a compatible extender, diluents, and viscosity modifier (para [0162]). Turner notes that polyisobutylene materials are viscous liquids with a molecular weight ranging from approximately 200 to 20,000, which overlaps with the claimed weight average molecular weight. According to Turner, polyisobutylene is characterized by low gas permeability, high resistance to acids, alkalis, salt solutions, high dielectric indexes, and degrade gradually under sunlight and ultraviolet rays (para [0163]). Additionally, Turner teaches that suitable plasticizers include polybutene, hydrogenated polyisoprene, hydrogenated polybutadiene, and the like, having average molecular weights between about 350 and about 10,000 (para [0165]).
With regard to the molecular weight, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to optimize Klofta’s binding agent (specifically, polybutene or polyisobutylene) by utilizing a molecular weight within the range disclosed by Turner to achieve the claimed invention. For doing so, a person having ordinary skill in the art would be motivated to combine these known elements, with a reasonable expectation of success, as Klofta’s binding agent can be readily formulated with polyisobutylene or polybutene to exhibit the recognized effective characteristics of compatibility, degradation, gas permeability, and chemical resistance established in Turner.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Klofta (US-20160038628-A1, located in the Information Disclosure Statement) in view of Turner (US-20200222254-A1) as applied to claim 7-8 above, and further in view of Soap and Detergent Association et al. “Linear Alkylbenzene Sulfonate”
With regard to claim 17, Klofta teaches a surfactant of alkyl benzene sulfonate (para [0064]) but does not explicitly teach a linear alkylbenzene sulfonate.
In the same field of endeavor, Soap and Detergent Association et al. teaches that linear alkylbenzene sulfonate (LAS) is an anionic surfactant widely used in detergents and household cleaners. Specifically, it is used in the form of a sodium salt of the sulfonic acid and a C10-14 linear alkylbenzene. This specific mixture achieves desirable water solubility, oil compatibility, and rapid biodegradation ([Chemical Description] and [Environmental Fate and Exposure]). Furthermore, Soap and Detergent Association et al. teaches that LAS effectively lowers the surface tension of water, thereby enabling soils and stains to loosen and release from fabric and surfaces (Ingredient Function).
With regard to linear alkylbenzene sulfonate (LAS), it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Klofta’s alkyl benzene sulfonate to the linear alkylbenzene sulfonate established in Soap and Detergent Association et al. to achieve the claimed invention. For doing so, a person having ordinary skill in the art would be motivated to combine these known elements, with a reasonable expectation of success, to achieve a surfactant exhibiting optimal compatibility, degradation, and water solubility for similar household applications.
Conclusion
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/A.A.W./Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761
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