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 .
Information Disclosure Statement
The information disclosure statement filed 07/23/2024 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because the references are submitted on the IDS filed 07/23/2024 that has been considered. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Evans et al. (WO2018/033718, disclosed by applicant) in view of Rodriguez et al. (US Patent Pub. 2004/0097599, disclosed by applicant).
Evans et al. disclose an anti-microbial composition comprising a quaternary ammonium compound at a concentration of 0.01 to 5% by weight or 0.08 to about 0.5% or 800 ppm to about 5000 ppm, which meets the limitation component (A) (p. 7, lines 13-15 and p. 11, line 27). Evans et al. disclose the composition comprises alcohols, including branched at a concentration of 1% to about 50% (p. 13, lines 25 and p. 14, lines 15-20). Evans et al. disclose the composition further comprises surfactants such as non-ionic or amphoteric (p. 14, line 24). Evans et al. disclose the composition can be used on humans and animals and hard surfaces (p. 17, line 25 and p. 19, line 4). Evans et al. disclose the composition is effective against a wide range of organisms, including gram negative and gram positive bacteria, fungi, yeasts, viruses and some spore forming bacteria (p. 20, lines 25-29). Evans et al. disclose a method of reducing or controlling the formation of microbial colonies on a surface (reference claim 29).
Evans et al. differs from the instant claims insofar as they do not disclose an aliphatic alcohol.
Rodriguez et al. disclose an antibacterial and antifungine composition comprising a carrier base and at least one branched alcohol in a concentration higher than 0.0005% (Abstract).
It is prima facie obviousness to select a known material based on its suitability for its intended use. Also, established precedent holds that it is generally obvious to add known ingredients to known compositions with the expectation of obtaining their known function. MPEP 2144.07. Therefore, it would have been obvious to have used a branched aliphatic alcohols of varying carbon groups in the composition of Evans, since they are known for antibacterial compositions.
It would have been obvious to have varied the amount of components A and B to have reached the claimed ratios by routine experimentation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NANNETTE HOLLOMAN whose telephone number is (571)270-5231. The examiner can normally be reached Monday-Friday 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sahana S. 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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/NANNETTE HOLLOMAN/ Primary Examiner, Art Unit 1612
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