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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-12 and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Canham US 20090214451 A1.
Canham teaches an oral hygiene composition comprising silicon abrasive particulates having a mean particle size in the range between 1µm to 100 µm. See Abstract and paragraphs 0021-0022. Silicon particulates include mesoporous silica having average pore size between 2 nm to 50 nm. See paragraph 0027. Typically, the porous silicon abrasive agent according to the present invention may possess a BET surface area in the range of 100 to 700 m2/g, for example 200 to 500 m2/g. See paragraph 0028. Dentifrice Composition "Dentifrice composition" as used herein, includes a toothpaste, tooth powder, prophylaxis paste, lozenge, dragee, bon-bon, gum or oral gel. The oral gel may be of the type suitable for use in multi-stage whitening systems. The dentifrice composition, in which the particulate silicon abrasive is used according to the present invention, will comprise constituents well known to one of ordinary skill; these may broadly be characterised as active and inactive agents. Active agents include anticaries agents such as fluoride, antibacterial agents, desensitising agents, antitartar agents (or anticalculus agents) and whitening agents. Inactive ingredients are generally taken to include water (to enable the formation of a water phase), detergents, surfactants or foaming agents, thickening or gelling agents, binding agents, efficacy enhancing agents, humectants to retain moisture, flavouring, sweetening and colouring agents, preservatives and, optionally in addition to the silicon abrasive of the present invention, further abrasives for cleaning and polishing. See paragraph 0039. Claims 31 and 33 disclose a method for reducing stain and/or plaque and/or gingivitis comprising the application of a safe and effective amount of a dentifrice composition.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUSAN T TRAN whose telephone number is (571)272-0606. The examiner can normally be reached Monday-Friday, 8:30 am-5:30 pm.
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, ROBERT A. WAX can be reached at 571-272-0623. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SUSAN T TRAN/Primary Examiner, Art Unit 1615
Prosecution Insights