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 .
This action is responsive to applicants’ response received August 5, 2026. Claims 1-4 and 6-17 are currently pending.
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.
Claims 14, 15, and 17 are 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. A claim that recites only the “use” of something without setting forth the steps involved is generally considered indefinite under § 112(b). This is because it does not define how the use is carried out, leaving the claim’s scope unclear.
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.
Claims 1-4, 6, 7, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Ewbank et al, US 5,874,395.
Ewbank et al teach an esterquat softening composition comprising 1.6% Tetranyl PH5, 0.32% perfume, thickener, colorant, and the balance water (col. 16, example 2). Tetranyl PH5 is the esterquat of triethanolamine with preferred acids tallow fatty acid and adipic acid quaternized with dimethyl sulfate (col. 11, lines 34-40). The perfume is blends of organic compounds (col. 13, lines 18-25), ethoxylated alcohols are added to emulsify the perfume (col. 12, lines 62-67) in amounts as high as 5% (col. 13, 61-66), and concentrates have less than 80% water (col. 16, example 8). As the reference teaches an esterquat of triethanolamine with tallow fatty acid and adipic acid quaternized with dimethyl sulfate, it would have been obvious for one of ordinary skill in the art to use these components for forming an esterquat as this is the preferred esterquat of the reference.
Applicants have traversed this rejection on the grounds that example 2 contains additional components not claimed and so the reference should not be used. Applicants have claimed a composition comprising an esterquat and a perfume, both of which are taught by the reference. Comprising language allows for any other component to be present, and so the rejection is maintained.
Claims 1-4 and 6-17 are rejected under 35 U.S.C. 103 as being unpatentable over Ewbank et al, US 5,874,395 in view of de Buzzaccarini et al, US 2004/0142840.
Ewbank et al are relied upon as set forth above. Ewbank et al do not teach their softener packaged in a unit dose pouch. Such pouches are ubiquitous in the art, however, as taught by de Buzzaccarini, where a unit dose pouch contains an esterquat, ethoxylated alcohol, and perfume (¶250, example II). It would have been obvious for one of ordinary skill in the art to prepare the esterquat fabric softener of Ewbank et al in a unit dose pouch with confidence of successfully obtaining a unit dose fabric softener, as such delivery systems for esterquat fabric softeners are well-known in the art as taught by de Buzzaccarini et al.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES I BOYER whose telephone number is (571)272-1311. The examiner can normally be reached M-S 10-430.
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, Angela Brown-Pettigrew can be reached at 5712722817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES I BOYER/Primary Examiner, Art Unit 1761
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