5856Notice 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 .
Response to Amendment
This action is responsive to the amendment filed on 08/13/2026.
Claims 1-6, and 8-15 are pending. Claim 7 is canceled and claims 1-2 are currently amended.
The rejection of claims 1-6, and 8-15 under 35 U.S.C. 103 as being unpatentable over Ceulamans (US20190330566A1) is maintained for the reasons of record in the previous Office Action.
The rejection of claims 1, 3-5, 8-11, and 15 for nonstatuatory double patenting as being unpatentable over claims 1-8 of US Patent. 11/365,373B2 is withdrawn because of Applicant’s amendment to claim 1.
Response to Arguments
Applicant’s arguments (see Remarks pages 5-6) have fully been considered but have not been found persuasive.
The Applicant argues the amendment of claim 1 to require the nonionic alkoxylated surfactant in a 2:1 ratio with alkyl polyglucoside (APG), and to comprise 0.1-4.5 wt% of alkoxylated surfactant and 0.005-2 wt% APG is not taught or suggested by the general teachings of Ceulamans. The examiner respectfully disagrees. As stated in the previous Office Action, Ceulamans teaches the use of 0.005-2 wt% carboxylated fructan (see [0091]), and a 0.01-10 wt% surfactant system further comprising of alkoxylated nonionic surfactants, preferably ethoxylated alcohol surfactants, and APGs (see [0028]). Ceulamans further teaches the use of 1.0-2.5 wt% nonionic alkoxylated surfactant and 0.1-4.5 wt%, preferably 1.0-2.5 wt%, APG surfactant (see [0029]; [0045]). A prima facie case for obviousness exists because the weight ranges overlap with the weight ranges recited in instant claim 1. The ratio between the two surfactants thus ranges between 2:5 (1.0 alkoxylated surfactant:2.5 APG) to 5:2 (2.5 alkoxylated surfactant:1.0 APG), which overlaps with the ratios required in instant claims 1-2. Therefore, the general teaching of Ceulamans suggest the inventive composition of the instant claims.
Conclusion
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.
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/SP/Patent Examiner, Art Unit 1761
/BRIAN P MRUK/Primary Examiner, Art Unit 1761
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