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 (IDS) submitted on 10/13/2024 was considered by the examiner.
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 1-4, 6, 7 and 11-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ahmadpour (US 2019/0297881).
Ahmadpour discloses a ready to use aqueous disinfecting composition comprising a peroxygen compound, e.g. hydrogen peroxide in an amount of 0.01-4.5% by weight (see [0008]), an anionic surfactant in an amount of 0.02-8% by weight (see [0010]) and a carboxylic acid, e.g. salicylic acid, furoic acid, etc in an amount of 0.02-8% by weight of the composition (see [0011]). The composition is to have a pH of 0-4.5 (see claim 1), with 2.2 and 3.2 being exemplified (see Example 5) (see instant claims 1, 6, 7).
The composition is to comprise a buffering agent such as salts of citric acid (i.e. citrate) (used for adjusting/maintaining pH) in an amount of 0.05% by weight (see [0063-0066]) (see instant claims 2-4). Additives such as fragrances and dyes are also contemplated (see claim 1) (see instant claim 11).
The composition may be in the form of a wipe having the disinfecting composition embedded therein (see [0021]) (see instant claims 15 and 16). It is noted how the composition is used is an intended use limitation. See MPEP 2111.02(II).
The composition is to be used in methods of cleaning hard and soft surfaces (see [0038]) by applying an effective amount of the composition (see claim 12) (see instant claims 13-16). Example 5 teaches method of disinfecting surfaces from C. albicans (see [0111]) (see instant claim 12).
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 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahmadpour (US 2019/0297881) in view of Sasaki et al. (US 2011/0275712).
Ahmadpour is relied above for the rejection of claims 1-4, 6, 7 and 11-16 under 35 USC 103 and are incorporated herein.
Ahmadpour fails to teach the disinfecting composition as comprising the sodium salt of citrate and the anionic surfactant as comprising a sodium alkyl sulfate selected from the group consisting of sodium lauryl sulfate, sodium lauryl sulfonate and sodium laureth sulfate.
Sasaki is directed to oil in water emulsions. The emulsion is to comprise an anionic surfactant such as sarcosines and sulfates such as sodium lauryl sulfate (see [0039]) and buffering agents such as citrate and sodium citrate (see [0058]). It would have been an obvious modification to identify and include an anionic surfactant such as sodium lauryl sulfate given that it meets Ahmadpour’s requirement of being an anionic surfactant and is taught as being a suitable variant of the sarcosine surfactants taught by the primary teaching. See MPEP 2143(I)(B) and 2144.07. Moreover, the selection of sodium citrate as a buffering agent would have been a simple and readily apparent modification given its ubiquity as a buffering agent.
Therefore, the invention as a whole is prima facie obvious to one of ordinary skill in the art at the time the invention was filed, as evidenced by the references, especially in absence of evidence to the contrary.
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.
Claims 9 and 11 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 9 recites, “…wherein the sodium alkyl sulfate is selected from the group consisting of sodium lauryl sulfate, sodium lauryl sulfonate and sodium laureth sulfate.” Claim 9 is limited to a selection of ‘sodium alkyl sulfate’ surfactants but recites ‘sodium lauryl sulfonate’ which is not a ‘sulfate’. Sulfate has the formula SO42- whereas sulfonate has the formula RSO3-. Clarification is required.
Claim 11 recites, “… a sensory component, particularly a perfume, colouring agent and/or bittering agent.” The phrase "particularly" renders the claim(s) indefinite because it is unclear if the elements disclosed thereafter are limiting to the claim or not, thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE A PURDY whose telephone number is (571)270-3504. The examiner can normally be reached from 9AM to 5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Bethany Barham, can be reached on 571-272-6175. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE A PURDY/Primary Examiner, Art Unit 1611
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