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 .
Priority
The instant application claims domestic priority to PRO 62/923,227 filed 10/18/2019. The instant application is a CON of 17/072,318 filed 10/16/2020. The instant application is a CIP of 17/468,858 filed 09/08/2021. The instant application is a CIP of 17/742,915 filed 05/12/2022. The instant application is a CIP of 18/134,900 filed 04/14/2023.
Information Disclosure Statement
The information disclosure statements (IDS) dated 01/06/2025, 01/06/2025, and 10/03/2025 all comply with provisions of 37 CFR 1.97, 1.98 and MPEP §609. Accordingly, they have been placed in the application file and the information therein has been considered as to the merits.
Specification
The disclosure is objected to because it contains an embedded hyperlink and/or other form of browser-executable code. Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01. See Instant Specification paragraphs [0033] and [0035].
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, 17, 19, 47, 50, and 52 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.
Regarding claim 14, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05.
Regarding claim 17, the phrase "preferred" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05.
Regarding claim 19, the term “wherein alkyl and acyl groups comprise 8 to 18 carbons and may be unsaturated” it is presently unknown if the term applies to all of the surfactants listed or only the alpha-olefin sulfonates.
Regarding claim 47, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05.
Regarding claim 50, the phrase "preferred" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05.
Regarding claim 52, the term “wherein alkyl and acyl groups comprise 8 to 18 carbons and may be unsaturated” it is presently unknown if the term applies to all of the surfactants listed or only the alpha-olefin sulfonates.
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.
A) Claims 1-8, 14-21, 23-29, 31, 33-54, and 56-57 are rejected under 35 U.S.C. 103 as being unpatentable over Tamareselvy (US Patent Application Publication 20130189198A1, as provided in the IDS filed 10/03/2025).
Tamareselvy teaches a surfactant composition comprising: i) at least one surfactant selected from anionic, zwitterionic or amphoteric, cationic, or non-ionic surfactant, and combinations thereof (Tamareselvy at claim 1). Tamareselvy further teaches the use of glycerides and more specifically that suitable glycerides (mono-, di-, and triglycerides) can be derived through the esterification of glycerol, a monoglyceride, or a diglyceride with a fatty acid(s) by techniques well known in the art, or by glycerolysis of animal fats and vegetable oils in the presence of a base at elevated temperature and under an inert atmosphere. As to the step of forming the glyceride, Tamareselvy teaches forming a diglyceride by esterification of glycerol (i.e. glycerin) with fatty acids, as of paragraph [0147] of Tamareselvy. The skilled artisan would have expected that the use of 2 moles of fatty acid per mole of glycerol would have produced a diglyceride. Fatty acids suitable for use in the esterification reaction include saturated and unsaturated C8-C30 fatty acids (Tamareselvy at [0147]). Tamareselvy teaches those exemplary saturated fatty acids include but are not limited to octanoic, decanoic, lauric, myristic, pentadecanoic, palmitic, margaric, steric, isostearic, nonadecanoic, arachidic, behenic, and the like, and mixtures thereof (Tamareselvy at [0232]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]).Tamareselvy further teaches BYV (Tamareselvy at [0246]). Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4).
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Tamareselvy differs from the instant claims in this rejection insofar as it does not teach the combination of the instantly recited components with sufficient specificity for anticipation. Tamareselvy teaches the components of the instant recited composition and uses each component of their established function in the art but does not explicitly combine the components together into a single embodiment or a preferred composition. However, given the disclosure of each component individually, it would have been prima facie obvious to a person having ordinary skill in the art at a time prior to the filing of the present patent application and following the teachings of Tamareselvy to have selected and combined known components for their established functions with predictable results. MPEP §2143 and §2144.06(I).
Regarding instant claim 1, Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4). Example 23 of Tamareselvy teaches a sulfate free bath gel which includes a structurant polymer and a sulfate free surfactant. Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]).
Regarding instant claim 2, Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]), which overlaps the instantly claimed range of at least 4 to no more than 18. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 3, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]). A composition comprising these components would be able to have an HLB of at least 4 to no more than 12. One of ordinary skill in the art would be able to routinely optimize the HLB of a water-in-oil or oil-in-water emulsion. See MPEP 2144.05(II).
Regarding instant claim 4, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]). A composition comprising these components would be able to have an HLB of at least 4 to no more than 8. One of ordinary skill in the art would be able to routinely optimize the HLB of a water-in-oil or oil-in-water emulsion. See MPEP 2144.05(II).
Regarding instant claim 5, Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4), which fall within the instantly claimed range of no more than 1,000,000cps. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 6, Tamareselvy teaches the use of water (Tamareselvy at claim 12).
Regarding instant claim 7, Tamareselvy teaches the use of water (Tamareselvy at claim 12).
Regarding instant claim 8, Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant, 8 % structurant polymer and roughly 53% water.
Regarding instant claim 14, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).
Regarding instant claim 15, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).
Regarding instant claim 16, Tamareselvy teaches a surfactant composition comprising at least one surfactant selected from anionic, zwitterionic or amphoteric, cationic, or non-ionic surfactant, and combinations thereof (Tamareselvy at claim 1).
Regarding instant claim 17, Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”.
Regarding instant claim 18, Tamareselvy teaches a surfactant composition comprising quaternium-52 (Tamareselvy at [0066]), quaternized esters (Tamareselvy at [0062]), and quaternary polysaccharides (Tamareselvy at [0182]).
Regarding instant claim 19, Tamareselvy teaches the use of disodium laureth-3 sulfosuccinate (Tamareselvy at [0053]). Tamareselvy teaches the use of alkyl sulphonates, alkaryl sulfonates, α-olefin-sulphonates, and alkylamide sulphonates (Tamareselvy at [0059]).
Regarding instant claim 20, Tamareselvy teaches the use of disodium laureth-3 sulfosuccinate (Tamareselvy at [0053]). Tamareselvy teaches the use of alkyl sulphonates, alkaryl sulfonates, α-olefin-sulphonates, and alkylamide sulphonates (Tamareselvy at [0059]).
Regarding instant claim 21, Tamareselvy teaches the use of disodium laureth-3 sulfosuccinate (Tamareselvy at [0053]).
Regarding instant claim 23, Tamareselvy teaches the use of cocoamidopropyl betaine, and cocamidopropyl hydroxysultaine (Tamareselvy at [0074] and Table 11).
Regarding instant claim 24, Tamareselvy teaches the use of disodium laureth-3 sulfosuccinate (Tamareselvy at [0053]).
Regarding instant claim 25, Tamareselvy teaches a sulfate free bath gel (Tamareselvy at [0077]).
Regarding instant claim 26, Tamareselvy teaches a sulfate free bath gel (Tamareselvy at [0077]).
Regarding instant claim 27, Tamareselvy teaches the use of pigments (Tamareselvy at [0171-0173]).
Regarding instant claim 28, Tamareselvy teaches a sunscreen (Tamareselvy at [0240]).
Regarding instant claim 29, Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4). Example 23 of Tamareselvy teaches a sulfate free bath gel which includes a structurant polymer and a sulfate free surfactant. Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]). Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 31, Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]).
Regarding instant claim 33, Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]), which overlaps the instantly claimed range of at least 4 to no more than 18. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 34, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of Oleth 2 (Tamareselvy at [0159]) an HLB of about 4.9 and Glyceryl stearate an HLB of about 3.8 to 4.2 (Tamaresevly at [0077]). A composition comprising these components would be able to have an HLB of at least 4 to no more than 12. One of ordinary skill in the art would be able to routinely optimize the HLB of a water-in-oil or oil-in-water emulsion. See MPEP 2144.05(II).
Regarding instant claim 35, Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4), which fall within the instantly claimed range of at least 50 dyn/cm2. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 36, Tamareselvy teaches compositions with BYV values of 94, 105, 412, and 500 dyn/cm2 ((Tamareselvy at Table 4), which fall within the instantly claimed range of no more than 1,000,000cps. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 37, Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant and roughly 53% water. Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]). Tamareselvy teaches the use of natural and synthetic waxes, oils, fatty acids and alcohols, as well as the other benefit agents which can be utilized in an amount ranging from about 0.1% to about 30% by weight (Tamareselvy [0164]). Tamareselvy teaches the use of anionic surfactant which can be present in an amount ranging from about 5% to about 40% by weight (Tamareselvy [0227]). These ranges overlap the instantly claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I). Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant, 8 % structurant polymer and roughly 53% water.
Regarding instant claim 38, Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant and roughly 53% water. Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]). Tamareselvy teaches the use of natural and synthetic waxes, oils, fatty acids and alcohols, as well as the other benefit agents which can be utilized in an amount ranging from about 0.1% to about 30% by weight (Tamareselvy [0164]). Tamareselvy teaches the use of anionic surfactant which can be present in an amount ranging from about 5% to about 40% by weight (Tamareselvy [0227]). These ranges overlap the instantly claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 39, Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 40, Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 41, Tamareselvy teaches the use of ethyl acetate and ethyl lactate (Tamareselvy at [0119]).
Regarding instant claim 42, Tamareselvy teaches the use of water (Tamareselvy at claim 12).
Regarding instant claim 43, Tamareselvy teaches the use of water (Tamareselvy at claim 12).
Regarding instant claim 44, Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant and roughly 53% water. Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]). Tamareselvy teaches the use of natural and synthetic waxes, oils, fatty acids and alcohols, as well as the other benefit agents which can be utilized in an amount ranging from about 0.1% to about 30% by weight (Tamareselvy [0164]). Tamareselvy teaches the use of anionic surfactant which can be present in an amount ranging from about 5% to about 40% by weight (Tamareselvy [0227]). These ranges overlap the instantly claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I). Example 23 of Tamareselvy teaches a sulfate free bath gel which includes 38% a sulfate free surfactant, 8 % structurant polymer and roughly 53% water.
Regarding instant claim 45, Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]), which overlap the instantly claimed range of less than 2wt%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 46, Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]), which overlap the instantly claimed range of less than 1wt%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 47, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).
Regarding instant claim 48, Tamareselvy teaches the use of coco glucoside, decyl diglucoside, lauryl diglucoside, coco diglucoside (Tamareselvy at [0077]). Tamareselvy teaches the use of glycerides (Tamareselvy at [0147]).
Regarding instant claim 49, Tamareselvy teaches a surfactant composition comprising at least one surfactant selected from anionic, zwitterionic or amphoteric, cationic, or non-ionic surfactant, and combinations thereof (Tamareselvy at claim 1).
Regarding instant claim 50, Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”.
Regarding instant claim 51, Tamareselvy teaches a surfactant composition comprising quaternium-52 (Tamareselvy at [0066]), quaternized esters (Tamareselvy at [0062]), and quaternary polysaccharides (Tamareselvy at [0182]).
Regarding instant claim 52, Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”.
Regarding instant claim 53, Tamareselvy teaches the use of disodium laureth-3 sulfosuccinate (Tamareselvy at [0053]). Tamareselvy teaches the use of alkyl sulphonates, alkaryl sulfonates, α-olefin-sulphonates, and alkylamide sulphonates (Tamareselvy at [0059]).
Regarding instant claim 54, Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”.
Regarding instant claim 56, Tamareselvy teaches the use of cocoamidopropyl betaine, and cocamidopropyl hydroxysultaine (Tamareselvy at [0074] and Table 11).
Regarding instant claim 57, Tamareselvy teaches a surfactant composition comprising sodium cocoyl isethionate, sodium myristyl sarcocinate, disodium lauryl sulfosuccinate, disodium laureth sulfosuccinate (Tamareselvy at [0061]), it should be noted that sulfosuccinates mentioned here are sulfonates and not sulfates because the sulfur atom therein is bound to three oxygen atoms and a carbon atom, not four oxygen atoms and therefore the composition is still considered “sulfate-free”.
B) Claims 22 and 55 are rejected under 35 U.S.C. 103 as being unpatentable over Tamareselvy (US Patent Application Publication 20130189198A1, as provided by the IDS filed 10/03/2025) as applied to claims 1-8, 14-21, 23-29, 31, 33-54, and 56-57 above, and further in view of Ziganke (US Patent Application Publication 20010031712 A1, as provided by the IDS filed 10/03/2025).
The teachings of Tamareselvy are discussed above.
The teachings of Tamareselvy differ from that of instant claim 35 insofar are they do not teach the use of the specific surfactant sodium lauriminodipropionate. The teachings of Ziganke cure this deficit.
Zignake teaches the use of sodium lauriminodipropionate used in a surfactant combination (Zignake at [0077]).
The teachings of Zignake differ from the instantly claimed composition insofar as it does not teach the method of making glyceride. The teachings of Tamareselvy cure this deficit.
It would have been prima facie obvious to one of ordinary skill in the art to have combined the surfactant of Zignake with the surfactant of Tamareselvy for the predictable result of a combination of surfactants. See MPEP 2144.06(I) One would have a reasonable expectation of success because sodium lauriminodipropionate is an amphoteric surfactant, which are also taught by Tamareselvy (Tamareselvy at claim 1).
Regarding instant claim 22, Zignake teaches the use of sodium lauriminodipropionate used in a surfactant combination (Zignake at [0077]).
Regarding instant claim 55, Zignake teaches the use of sodium lauriminodipropionate used in a surfactant combination (Zignake at [0077]).
C) Claims 9-13, 30, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Tamareselvy (US Patent Application Publication 20130189198A1, as provided by the IDS filed 10/03/2025) as applied to claims 1-8, 14-21, 23-29, 31, 33-54, and 56-57 above, and further in view of Addington (US Patent Application Publication 20080200401 A1).
The teachings of Tamareselvy are discussed above.
The teachings of Tamareselvy differ from that of instant claim 35 insofar are they do not teach the use of the specific glyceryl oleates. The teachings of Addington cure this deficit.
Addington teaches a sunscreen (Addington at [0239]). Addington teaches a particularly important class of surfactants is the class of mono- and diglycerides. These surfactants are generally hydrophobic. Preferred hydrophobic surfactants in this class of compounds include glyceryl monooleate (Peceol), glyceryl ricinoleate, glyceryl laurate, glyceryl dilaurate (Capmul GDL), glyceryl dioleate (Capmul GDO), glyceryl mono/dioleate (Capmul GMO-K), glyceryl caprylate/caprate (Capmul MCM), caprylic acid mono/diglycerides (Imwitor 988), and mono- and diacetylated monoglycerides (Myvacet 9-45). Examples of these surfactants are given in Table 9 (Addington at [0124]). Addington teaches polyglycerol esters of fatty acids are also suitable surfactants for the present invention. Among the polyglyceryl fatty acid esters, preferred hydrophobic surfactants include polyglyceryl oleate (Plurol Oleique), polyglyceryl-2 dioleate (Nikkol DGDO), and polyglyceryl-10 trioleate. Preferred hydrophilic surfactants include polyglyceryl-10 laurate (Nikkol Decaglyn 1-L), polyglyceryl-10 oleate (Nikkol Decaglyn 1-0), and polyglyceryl-10 mono, dioleate (Caprool PEG 860). Polyglyceryl polyricinoleates (Polymuls) are also preferred hydrophilic and hydrophobic surfactants. Examples of suitable polyglyceryl esters are shown in Table 6 (Addington at [0118]).
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The teachings of Addington differ from the instantly claimed composition insofar as it does not teach Brookfield Viscosity. The teachings of Tamareselvy cure this deficit.
It would have been prima facie obvious to one of ordinary skill in the art to have combined the surfactant of Addington with the surfactant of Tamareselvy for the predictable result of a combination of surfactants. See MPEP 2144.06(I) One would have a reasonable expectation of success because glyceryl oleate is a non-ionic surfactant, which are also taught by Tamareselvy (Tamareselvy at claim 1).
Regarding instant claim 12, Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]), which overlap the instantly claimed range of less than 2wt%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Regarding instant claim 13, Tamareselvy teaches the use of betaines in a range of 0.05 to 15% (Tamareselvy [0187-0197]), which overlap the instantly claimed range of less than 1wt%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP§2144.05(I).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
I)Claims 1-57 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-64 of U.S. Patent No. 12,378,503 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference patent requires a specific glyceride not required by the instant application. The instant application recites a colloidal dispersion having a Brookfield Yield Value of at least 50 dyn/cm2 comprising:a structurant wherein said structurant is a glyceryl ester or glyceryl ether; and a sulfate-free surfactant (Instant application at claim 1). The instant application recites a cleaning system comprising:a colloidal dispersion comprising: a structurant wherein said structurant is a glyceryl ester or glyceryl ether; and a sulfate-free surfactant; and a cleaning agent (Instant application at claim 29).
The reference patent recites a method of cleaning a surface comprising: providing a cleaning system comprising: a liquid comprising: 4-50 wt % glyceride wherein said glyceride is the condensation reaction product of at least 1.10 moles of a mixture of acids to no more than 2.1 moles of said mixture of acids per mole of glycerin; wherein said mixture of acids comprises: at least 0.275 to no more than 0.990 moles of a first acid comprising a branched acid with 16-20 aliphatic carbons; at least 0.250 to no more than 0.810 moles of a second acid comprising an alkyl acid with 9-11 carbons; and at least 0.250 to no more than 0.810 moles of a third acid comprising an alkyl acid with 7-9 carbons wherein said third acid has a lower molecular weight than said second acid; and 6-45 wt % surfactant; and up to 90 wt % solvent; applying said cleaning system to a surface comprising a material to be removed; and removing said cleaning system (‘503 at claim 1). The reference patent recites a method of cleaning a surface comprising: providing cleaning system comprising: a liquid comprising: 4-50 wt % glyceride wherein said glyceride is the condensation reaction product of at least 1.10 moles of a mixture of acids to no more than 2.1 moles of said mixture of acids per mole of glycerin; wherein said mixture of acids comprises: at least 0.275 to no more than 0.990 moles of a first acid comprising a branched acid with 16-20 aliphatic carbons; at least 0.250 to no more than 0.810 moles of a second acid comprising an alkyl acid with 9-11 carbons; and at least 0.250 to no more than 0.810 moles of a third acid comprising an alkyl acid with 7-9 carbons wherein said third acid has a lower molecular weight than said second acid; and 6-45 wt % surfactant; 5-90 wt % soy methyl ester; and up to 90 wt % solvent; applying said cleaning system to a surface comprising a material to be removed; and removing said cleaning system (‘503 at claim 34). The reference patent recites further comprising 5-90 wt % cleaning agent (‘503 at claim 12). The reference patent recites herein said cleaning agent is selected from the group consisting of esters, propylene carbonates, terpenes, N-methylpyrrolidone, acetates, and ethers (‘503 at claim 13). The reference patent recites wherein said cleaning agent is selected from the group consisting of alkyl esters with up to 5 carbons which may be substituted; cyclic terpenes; dipropylene glycol methyl ether acetate, dipropylene glycol monomethyl ether acetate, diethylene glycol monoethyl ether acetate, ethyl acetate, n-propyl acetate, n-butyl acetate, isobutyl acetate, dipropylene glycol methyl ether, and diethylene glycol ethyl ether (‘503 at claim 14). The reference patent recites wherein said cleaning agent is selected from the group consisting of methyl ester, 3-ethoxypropionic ethyl ester, ethyl lactate, soy methyl ester, triglyceride methyl ester, C1-4 alkyl ester of a C6-22 saturated or unsaturated carboxylic acid, and limonene (‘503 at claim 15). The reference patent recites wherein said liquid has a Brookfield Yield Value (BYV) of at least 50 dyn/cm2 (‘503 at claim 16). The reference patent recites wherein said BYV is at least 100 dyn/cm2 (‘503 at claim 17). The reference patent recites wherein said BYV does not exceed 100,000 dyn/cm2 (‘503 at claim 18). The reference patent recites wherein said cleaning system comprises less than 2 wt % sulfate-based surfactant (‘503 at claim 20). The reference patent recites wherein said cleaning system comprises less than 1 wt % sulfate-based surfactant (‘503 at claim 21). The reference patent recites wherein said surfactant is selected from the group consisting of a cationic surfactant, an anionic surfactant, a nonionic surfactant and an amphoteric surfactant (‘503 at claim 22). The reference patent recites wherein said surfactant is selected from the group consisting of quaternized polysaccharides, alkyl polysaccharides, alkoxylated amines, alkoxylated ether amines, phospholipids, and mixtures thereof (‘503 at claim 23). The reference patent recites wherein said surfactant is selected from the group consisting of alkanoyl isethionates, alkyl succinates, alkyl sulphosuccinates, N-alkoyl sarcosinates, alkyl phosphates, alkyl ether phosphates, alkyl ether carboxylates, alpha-olefin sulphonates wherein alkyl and acyl groups are comprise 8 to 18 carbons and may be unsaturated (‘503 at claim 24). The reference patent recites wherein said surfactant is selected from the group consisting of sodium, magnesium, ammonium and mono-, di- and triethanolamine salts of alpha-olefin sulphonates (‘503 at claim 25). The reference patent recites wherein said surfactant is selected from the group consisting sodium oleyl succinate, ammonium lauryl sulphosuccinate, disodium laureth sulfosuccinate, sodium dodecylbenzene sulphonate, triethanolamine dodecylbenzene sulphonate, sodium cocoyl isethionate, sodium lauroyl isethionate, sodium N-lauryl sarcosinate, sodium lauroyl lactylate and sodium lauriminodipropionate (‘503 at claim 26). The reference patent recites wherein said surfactant is sodium lauriminodipropionate (‘503 at claim 27). The reference patent recites wherein said surfactant is selected from the group consisting of polyethylene glycol surfactants and glucoside surfactants either alone or as mixtures (‘503 at claim 28). The reference patent recites wherein said surfactant is selected from the group consisting polyalkylene glycol adducts of alkyl C8-C24 phenols; polyalkylene glycol adducts of C8-C30 alcohols or C8-C30 glycosides, linear or branched, saturated or unsaturated; polyalkylene glycol adducts of C8-C30, linear or branched, saturated or unsaturated fatty acid amides; C8-C30 linear or branched, saturated or unsaturated esters of sorbitol; fatty acid esters of sucrose; C8-C30 alkyl polyglycosides; C8-C30 alkenyl polyglycosides, which are optionally polyalkylene glycol adducts with from 0 to 10 polyalkylene glycol units and comprising from 1 to 15 glucose units; polyalkylene glycol adducts of saturated or unsaturated vegetable oils; derivatives of N-alkyl (C8-C30) glucamine; derivatives of N-acyl C8-C30 methylglucamine; aldobionamides; amine oxides; polyalkylene glycol adducts of silicones; polyglycerin adducts of lauryl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of oleyl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of cetearyl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of octadecanol containing 1-7 moles of glycerin (‘503 at claim 29). The reference patent recites wherein said surfactant is selected from the group consisting of decyl glucoside, lauryl glucoside, caprylic/capric glucoside and coco glucoside (‘503 at claim 30). The reference patent recites wherein said surfactant is selected from the group consisting of cocamidopropyl betaine, cocobetaine, sodium salt of diethylaminopropyl laurylaminosuccinamate or mixtures thereof (‘503 at claim 31). The reference patent recites wherein said surfactant is selected from the group consisting of disodium laureth sulfosuccinate, decyl glucoside sodium lauroyl lactylate and sodium lauriminodipropionate (‘503 at claim 32). The reference patent recites wherein said glyceride comprises the reaction product of glycerin with isostearic acid, octanoic acid and decanoic acid (‘503 at claim 33).
Reference claims effectively anticipate the instant claims resulting in a prima facie case of anticipatory type non-statutory double patenting.
II) Claims 1-57 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-58 of U.S. Patent No. 11,692,107 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference patent requires a solvent which is not required in the independent claim of the instant invention. The instant application recites a colloidal dispersion having a Brookfield Yield Value of at least 50 dyn/cm2 comprising:a structurant wherein said structurant is a glyceryl ester or glyceryl ether; and a sulfate-free surfactant (Instant application at claim 1). The instant application recites a cleaning system comprising:a colloidal dispersion comprising: a structurant wherein said structurant is a glyceryl ester or glyceryl ether; and a sulfate-free surfactant; and a cleaning agent (Instant application at claim 29).
The reference patent recites a graffiti removal system comprising: a liquid comprising: 4-50 wt % glyceride wherein said glyceride is the condensation reaction product of at least 1.10 moles of a mixture of acids to no more than 2.1 moles of said mixture of acids per mole of glycerin; wherein said mixture of acids comprises: at least 0.275 to no more than 0.990 moles of a first acid comprising a branched acid with 16-20 aliphatic carbons; at least 0.250 to no more than 0.810 moles of a second acid comprising an alkyl acid with 9-11 carbons; and at least 0.250 to no more than 0.810 moles of a third acid comprising an alkyl acid with 7-9 carbons wherein said third acid has a lower molecular weight than said second acid; and 6-45 wt % surfactant; and up to 90 wt % solvent; and wherein said liquid has a BYV of at least 50 dyn/cm2 (‘107 at claim 1). The reference patent recites a method of removing graffiti comprising: providing graffiti removal system comprising: a liquid comprising: 4-50 wt % glyceride wherein said glyceride is the condensation reaction product of at least 1.10 moles of a mixture of acids to no more than 2.1 moles of said mixture of acids per mole of glycerin; wherein said mixture of acids comprises: at least 0.275 to no more than 0.990 moles of a first acid comprising a branched acid with 16-20 aliphatic carbons; at least 0.250 to no more than 0.810 moles of a second acid comprising an alkyl acid with 9-11 carbons; and at least 0.250 to no more than 0.810 moles of a third acid comprising an alkyl acid with 7-9 carbons wherein said third acid has a lower molecular weight than said second acid; and 6-45 wt % surfactant; and up to 90 wt % solvent; applying said graffiti removal system to a surface comprising graffiti; and removing said graffiti removal system (‘107 at claim 30). The reference patent recites comprising less than 1 wt % sulphate-based surfactant (‘107 at claim 29). The reference patent recites comprising less than 2 wt % sulphate-based surfactant (‘107 at claim 28). The reference patent recites wherein said glyceride comprises the reaction product of glycerin with isostearic acid, octanoic acid and decanoic acid (‘107 at claim 27). The reference patent recites wherein said surfactant is selected from the group consisting of disodium laureth sulfosuccinate, decyl glucoside sodium lauroyl lactylate and sodium lauriminodipropionate (‘107 at claim 26). The reference patent recites wherein said surfactant is selected from the group consisting of cocamidopropyl betaine, cocobetaine, sodium salt of diethylaminopropyl laurylaminosuccinamate or mixtures thereof (‘107 at claim 25). The reference patent recites wherein said surfactant is selected from the group consisting of decyl glucoside, lauryl glucoside caprylic/capric glucoside and coco glucoside (‘107 at claim 24). The reference patent recites wherein said surfactant is selected from the group consisting of polyalkylene glycol adducts of alkyl C8-C24 phenols; polyalkylene glycol adducts of C8-C30 alcohols or C8-C30 glycosides, linear or branched, saturated or unsaturated; polyalkylene glycol adducts of C8-C30, linear or branched, saturated or unsaturated fatty acid amides; C8-C30 linear or branched, saturated or unsaturated esters of sorbitol; fatty acid esters of sucrose; C8-C30 alkyl polyglycosides; C8-C30 alkenyl polyglycosides, which are optionally polyalkylene glycol adducts with from 0 to 10 polyalkylene glycol units and comprising from 1 to 15 glucose units; polyalkylene glycol adducts of saturated or unsaturated vegetable oils; derivatives of N-alkyl (C8-C30) glucamine; derivatives of N-acyl C8-C30 methylglucamine; aldobionamides; amine oxides; polyalkylene glycol adducts of silicones; polyglycerin adducts of lauryl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of oleyl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of cetearyl alcohol containing 1-7 moles of glycerin; and polyglycerin adducts of octadecanol containing 1-7 moles of glycerin (‘107 at claim 23). The reference patent recites wherein said surfactant is selected from the group consisting of polyalkylene glycol adduct surfactants and glucoside surfactants either alone or as mixtures (‘107 at claim 22). The reference patent recites wherein said surfactant is sodium lauriminodipropionate (‘107 at claim 21). The reference patent recites wherein said surfactant is selected from the group consisting of sodium oleyl succinate, ammonium lauryl sulphosuccinate, disodium laureth sulfosuccinate, sodium dodecylbenzene sulphonate, triethanolamine dodecylbenzene sulphonate, sodium cocoyl isethionate, sodium lauroyl isethionate, sodium N-lauryl sarconsinate, sodium lauroyl lactylate and sodium lauriminodipropionate (‘107 at claim 20). The reference patent recites wherein said surfactant is selected from the group consisting of sodium, magnesium, ammonium and mono-, di- and triethanolamine salts of alpha-olefin sulphonates (‘107 at claim 19). The reference patent recites wherein said surfactant is selected from the group consisting of alkanoyl isethionates, alkyl succinates, alkyl sulphosuccinates, N-alkoyl sarcosinates, alkyl phosphates, alkyl ether phosphates, alkyl ether carboxylates, alpha-olefin sulphonates wherein alkyl and acyl groups are comprise 8 to 18 carbons and may be unsaturated (‘107 at claim 18). The reference patent recites wherein said surfactant is selected from the group consisting of quaternized polysaccharides, alkyl polysaccharides, alkoxylated amines, alkoxylated ether amines, phospholipids, and mixtures thereof (‘107 at claim 17). The reference patent recites wherein said surfactant is selected from the group consisting of a cationic surfactant, an anionic surfactant, a nonionic surfactant and an amphoteric surfactant (‘107 at claim 16). The reference patent recites wherein said graffiti removal agent is selected from the group consisting of methyl ester, 3-ethoxypropionic ethyl ester, ethyl lactate, soy methyl ester, triglyceride methyl ester, C1-4 alkyl ester of a C6-22 saturated or unsaturated carboxylic acid, and limonene (‘107 at claim 15). The reference patent recites wherein said graffiti removal agent is selected from the group consisting of alkyl esters with up to 5 carbons which may be substituted; cyclic terpenes; dipropylene glycol methyl ether acetate, dipropylene glycol monomethyl ether acetate, diethylene glycol monoethyl ether acetate, ethyl acetate, n-propyl acetate, n-butyl acetate, isobutyl acetate, dipropylene glycol methyl ether, and diethylene glycol ethyl ether (‘107 at claim 14). The reference patent recites wherein said graffiti removal agent is selected from the group consisting of esters, propylene carbonates, terpenes, N-methylpyrrolidone, acetates, and ethers (‘107 at claim 13). The reference patent recites further comprising 5-90 wt % graffiti removal agent (‘107 at claim 12). The reference patent recites wherein said BYV does not exceed 100,000 dyn/cm2 (‘107 at claim 5). The reference patent recites wherein said BYV is at least 100 dyn/cm2 (‘107 at claim 4). The reference patent recites comprising: 10 to 30 wt % said glyceride; 20-40 wt % said surfactant; 30-70 wt % graffiti removal agent; and and up to 40 wt % water (‘107 at claim 3). The reference patent recites wherein said solvent is water (‘107 at claim 2).
Reference claims effectively anticipate the instant claims resulting in a prima facie case of anticipatory type non-statutory double patenting.
III) Claims 1-57 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-54 of U.S. Patent No. 11,491,094 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference patent requires a specific glyceride that is not presently required by the independent claim of the instant application. The instant application recites a colloidal dispersion having a Brookfield Yield Value of at least 50 dyn/cm2 comprising:a structurant wherein said structurant is a glyceryl ester or glyceryl ether; and a sulfate-free surfactant (Instant application at claim 1). The instant application recites a cleaning system comprising:a colloidal dispersion comprising: a structurant wherein said structurant is a glyceryl ester or glyceryl ether; and a sulfate-free surfactant; and a cleaning agent (Instant application at claim 29).
The reference patent recites sulfate-free surfactant system comprising: a liquid comprising an organic phase and a solvent wherein said organic phase comprises glyceride and surfactant and said liquid comprises: 4-40 wt % glyceride wherein said glyceride is the condensation reaction product of at least 1.10 moles of a mixture of acids to no more than 2.1 moles of said mixture of acids per mole of glycerin; wherein said mixture of acids comprises: at least 0.275 to no more than 0.990 moles of a first acid comprising a branched acid with 16-20 aliphatic carbons; at least 0.250 to no more than 0.810 moles of a second acid comprising an alkyl acid with 9-11 carbons; and at least 0.250 to no more than 0.810 moles of a third acid comprising an alkyl acid with 7-9 carbons wherein said third acid has a lower molecular weight than said second acid; and 6-45 wt % surfactant; and wherein said liquid has a BYV of at least 50 dyn/cm2 (‘094 at claim 1). The reference patent recites personal hygiene product comprising a sulfate-free surfactant system comprising: a liquid comprising an organic phase and a solvent wherein said organic phase comprises glyceride and surfactant and said liquid comprises: 4-40 wt % glyceride wherein said glyceride is the condensation reaction product of at least 1.10 moles of a mixture of acids to no more than 2.1 moles of said mixture of acids per mole of glycerin; wherein said mixture of acids comprises: at least 0.275 to no more than 0.990 moles of a first acid comprising a branched acid with 16-20 aliphatic carbons; at least 0.250 to no more than 0.810 moles of a second acid comprising an alkyl acid with 9-11 carbons; and at least 0.250 to no more than 0.810 moles of a third acid comprising an alkyl acid with 7-9 carbons wherein said third acid has a lower molecular weight than said second acid; and 6-45 wt % surfactant; and wherein said liquid has a BYV of at least 50 dyn/cm2 (‘094 at claim 28). The reference patent recites selected from the group consisting of a shampoo, a conditioner, a hand wash, a face wash, a body wash, a hand soothing liquid, an aromatic liquid, an eye care product, a cosmetic, a fragrance, a hair coloring formulation, a hair straightening or permanent wave formulation, a nail care formulation, a toothpaste, a mouthwash, a shave cream, a skin care formulation, a sun care formulation, a lip care formulation, an antiperspirant, or a foot care formulation (‘094 at claim 27). The reference patent recites comprising less than 1 wt % sulphate-based surfactant (‘094 at claim 26). The reference patent recites comprising less than 2 wt % sulphate-based surfactant (‘094 at claim 25). The reference patent recites wherein said glyceride comprises the reaction product of glycerin with isostearic acid, octanoic acid and decanoic acid (‘094 at claim 24). The reference patent recites wherein said surfactant is selected from the group consisting of disodium laureth sulfosuccinate, decyl glucoside sodium lauroyl lactylate and sodium lauriminodipropionate (‘094 at claim 23). The reference patent recites wherein said surfactant is selected from the group consisting of cocamidopropyl betaine, cocobetaine, sodium salt of diethylaminopropyl laurylaminosuccinamate or mixtures thereof (‘094 at claim 22). The reference patent recites wherein said surfactant is selected from the group consisting of decyl glucoside, lauryl glucoside caprylic/capric glucoside and coco glucoside (‘094 at claim 21). The reference patent recites wherein said surfactant is selected from the group consisting of polyalkylene glycol adducts of alkyl C8-C24 phenols; polyalkylene glycol adducts of C8-C30 alcohols or C8-C30 glycosides, linear or branched, saturated or unsaturated; polyalkylene glycol adducts of C8-C30, linear or branched, saturated or unsaturated fatty acid amides; C8-C30 linear or branched, saturated or unsaturated esters of sorbitol, which are optionally polyalkylene glycol adducts; fatty acid esters of sucrose; C8-C30 alkyl polyglycosides; C8-C30 alkenyl polyglycosides, which are optionally polyalkylene glycol adducts with from 0 to 10 polyalkylene glycol units and comprising from 1 to 15 glucose units; polyalkylene glycol adducts of saturated or unsaturated vegetable oils; derivatives of N-alkyl (C8-C30) glucamine; derivatives of N-acyl C8-C30 methylglucamine; aldobionamides; amine oxides; polyalkylene glycol adducts of silicones; polyglycerin adducts of lauryl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of oleyl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of cetearyl alcohol containing 1-7 moles of glycerin; and polyglycerin adducts of octadecanol containing 1-7 moles of glycerin (‘094 at claim 20). The reference patent recites wherein said surfactant is selected from the group consisting of polyalkylene glycol adduct surfactants and glucoside surfactants either alone or as mixtures (‘094 at claim 19). The reference patent recites wherein said surfactant is sodium lauriminodipropionate (‘094 at claim 18). The reference patent recites wherein said surfactant is selected from the group consisting sodium oleyl succinate, ammonium lauryl sulphosuccinate, disodium laureth sulfosuccinate, sodium dodecylbenzene sulphonate, triethanolamine dodecylbenzene sulphonate, sodium cocoyl isethionate, sodium lauroyl isethionate, sodium N-lauryl sarconsinate, sodium lauroyl lactylate and sodium lauriminodipropionate (‘094 at claim 17). The reference patent recites wherein said surfactant is selected from the group consisting of sodium, magnesium, ammonium and mono-, di- and triethanolamine salts of alpha-olefin sulphonates (‘094 at claim 16). The reference patent recites wherein said surfactant is selected from the group consisting of alkanoyl isethionates, alkyl succinates, alkyl sulphosuccinates, N-alkoyl sarcosinates, alkyl phosphates, alkyl ether phosphates, alkyl ether carboxylates, alpha-olefin sulphonates wherein alkyl and acyl groups are comprise 8 to 18 carbons and may be unsaturated (‘094 at claim 15). The reference patent recites wherein said surfactant is selected from the group consisting of quaternized polysaccharides, alkyl polysaccharides, alkoxylated amines, alkoxylated ether amines, phospholipids, and mixtures thereof (‘094 at claim 14). The reference patent recites wherein said surfactant is selected from the group consisting of a cationic surfactant, an anionic surfactant, a nonionic surfactant and an amphoteric surfactant (‘094 at claim 13). The reference patent recites wherein said BYV does not exceed 100,000 dyn/cm2 (‘094 at claim 5). The reference patent recites wherein said BYV is at least 100 dyn/cm2 (‘094 at claim 4). The reference patent recites comprising 10 to 95 wt % said organic phase and 10-90 wt % water (‘094 at claim 3). The reference patent recites wherein said solvent is water (‘094 at claim 2).
Reference claims effectively anticipate the instant claims resulting in a prima facie case of anticipatory type non-statutory double patenting.
IV) Claims 1-57 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-31 of U.S. Patent No. 12,109,288 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference patent requires a specific glyceride that is not required in the independent claim of the instant application. The instant application recites a colloidal dispersion having a Brookfield Yield Value of at least 50 dyn/cm2 comprising:a structurant wherein said structurant is a glyceryl ester or glyceryl ether; and a sulfate-free surfactant (Instant application at claim 1). The instant application recites a cleaning system comprising:a colloidal dispersion comprising: a structurant wherein said structurant is a glyceryl ester or glyceryl ether; and a sulfate-free surfactant; and a cleaning agent (Instant application at claim 29).
The reference patent recites a method of forming a sulfate-free surfactant system comprising: forming an organic phase comprising: forming a glyceride by reacting a mixture of acids with glycerin wherein said mixture of acids comprises 1.1 to 2.1 moles of acid per mole of said glycerin; and mixing said glyceride with a surfactant selected from group consisting of a cationic surfactant, an anionic surfactant, a nonionic surfactant and an amphoteric surfactant or mixtures thereof wherein said mixture of acids comprises: at least 0.275 to no more than 0.990 moles of a first acid comprising a branched acid with 16-20 aliphatic carbons; at least 0.250 to no more than 0.810 moles of a second acid comprising an alkyl acid with 9-11 carbons; and at least 0.250 to no more than 0.810 moles of a third acid comprising an alkyl acid with 7-9 carbons wherein said third acid has a lower molecular weight than said second acid (‘288 at claim 1). The reference patent recites wherein said organic phase has a BYV of at least 50 dyn/cm2 (‘288 at claim 8). The reference patent recites wherein said BYV is at least 100 dyn/cm2 (‘288 at claim 9). The reference patent recites wherein said BYV does not exceed 100,000 dyn/cm2 (‘288 at claim 10). The reference patent recites further comprising adding water is after said mixing (‘288 at claim 11). The reference patent recites further comprising adding water to form a liquid (‘288 at claim 12). The reference patent recites wherein said forming of said organic phase is in water (‘288 at claim 13). The reference patent recites comprising 10 to 95 wt % said organic phase and 15-90 wt % water (‘288 at claim 14). The reference patent recites comprising less than 2 wt % sulfate-based surfactant (‘288 at claim 15). The reference patent recites comprising less than 1 wt % sulfate-based surfactant (‘288 at claim 16). The reference patent recites wherein said surfactant is selected from the group consisting of a cationic surfactant, an anionic surfactant, a nonionic surfactant and an amphoteric surfactant (‘288 at claim 17). The reference patent recites wherein said surfactant is selected from the group consisting of quaternized polysaccharides, alkyl polysaccharides, alkoxylated amines, alkoxylated ether amines, phospholipids, and mixtures thereof (‘288 at claim 18). The reference patent recites wherein said surfactant is selected from the group consisting of alkanoyl isethionates, alkyl succinates, alkyl sulphosuccinates, N-alkoyl sarcosinates, alkyl phosphates, alkyl ether phosphates, alkyl ether carboxylates, alpha-olefin sulphonates wherein alkyl and acyl groups are comprise 8 to 18 carbons and may be unsaturated (‘288 at claim 19). The reference patent recites wherein said surfactant is selected from the group consisting of sodium, magnesium, ammonium and mono-, di- and triethanolamine salts of alpha-olefin sulphonates (‘288 at claim 20). The reference patent recites wherein said surfactant is selected from the group consisting sodium oleyl succinate, ammonium lauryl sulphosuccinate, disodium laureth sulfosuccinate, sodium dodecylbenzene sulphonate, triethanolamine dodecylbenzene sulphonate, sodium cocoyl isethionate, sodium lauroyl isethionate, sodium N-lauryl sarconsinate, sodium lauroyl lactylate and sodium lauriminodipropionate (‘288 at claim 21). The reference patent recites wherein said surfactant is sodium lauriminodipropionate (‘288 at claim 22). The reference patent recites wherein said surfactant is selected from the group consisting of polyethylene glycol surfactants and glucoside surfactants either alone or as mixtures (‘288 at claim 23). The reference patent recites wherein said surfactant is selected from the group consisting polyalkylene glycol adducts of alkyl C8-C24 phenols; polyalkylene glycol adducts of C8-C30 alcohols or C8-C30 glycosides, linear or branched, saturated or unsaturated; polyalkylene glycol adducts of C8-C30, linear or branched, saturated or unsaturated fatty acid amides; C8-C30 linear or branched, saturated or unsaturated esters of sorbitol; C8-C30 alkyl polyglycosides; C8-C30 alkenyl polyglycosides, which are optionally polyalkylene glycol adducts with from 0 to 10 polyalkylene glycol units and comprising from 1 to 15 glucose units; polyalkylene glycol adducts of saturated or unsaturated vegetable oils; derivatives of N-alkyl (C8-C30) glucamine; derivatives of N-acyl C8-C30 methylglucamine; aldobionamides; amine oxides; polyalkylene glycol adducts of silicones; polyglycerin adducts of lauryl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of oleyl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of cetearyl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of octadecanol containing 1-7 moles of glycerin (‘288 at claim 24). The reference patent recites wherein said surfactant is selected from the group consisting of decyl glucoside, lauryl glucoside, caprylic/capric glucoside and coco glucoside (‘288 at claim 25). The reference patent recites wherein said surfactant is selected from the group consisting of cocamidopropyl betaine, cocobetaine, sodium salt of diethylaminopropyl laurylaminosuccinamate or mixtures thereof (‘288 at claim 26). The reference patent recites wherein said surfactant is selected from the group consisting of disodium laureth sulfosuccinate, decyl glucoside sodium lauroyl lactylate and sodium lauriminodipropionate (‘288 at claim 27). The reference patent recites wherein said glyceride comprises the reaction product of glycerin with isostearic acid, octanoic acid and decanoic acid (‘288 at claim 28). The reference patent recites comprising less than 2 wt % sulfate-based surfactant (‘288 at claim 29). The reference patent recites comprising less than 1 wt % sulfate-based surfactant (‘288 at claim 30). The reference patent recites wherein said sulfate free surfactant system is selected from the group consisting of a shampoo, a conditioner, a hand wash, a face wash, a body wash, a hand soothing liquid, an aromatic liquid, an eye care product, a cosmetic, a fragrance, a hair coloring formulation, a hair straightening or permanent wave formulation, a nail care formulation, a toothpaste, a mouthwash, a shave cream, a skin care formulation, a sun care formulation, a lip care formulation, an antiperspirant, or a foot care formulation (‘288 at claim 31).
Reference claims effectively anticipate the instant claims resulting in a prima facie case of anticipatory type non-statutory double patenting.
i) Claims 1-57 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 3-38, 74-75, 116-190 of copending Application No. 18/134,900 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference application requires a specific. The instant application recites a colloidal dispersion having a Brookfield Yield Value of at least 50 dyn/cm2 comprising:a structurant wherein said structurant is a glyceryl ester or glyceryl ether; and a sulfate-free surfactant (Instant application at claim 1). The instant application recites a cleaning system comprising:a colloidal dispersion comprising: a structurant wherein said structurant is a glyceryl ester or glyceryl ether; and a sulfate-free surfactant; and a cleaning agent (Instant application at claim 29).
The reference application recites a cleaning system comprising:a colloidal dispersion having a Brookfield Yield Value of at least 50 dyn/cm2 comprising:a structurant wherein said structurant has an HLB of at least 4 to no more than 8; and a sulfate-free surfactant (‘900 at claim 1). The reference application recites wherein said colloidal dispersion has an HLB of at least 8.7 to no more than 10.4 (‘900 at claim 3). The reference application recites wherein said colloidal dispersion has a Brookfield Viscosity of no more than 1,000,000 cps measured at a spindle speed of 10 rpm (‘900 at claim 4). The reference application recites comprising 10-95 wt% said colloidal dispersion and 5-90 wt% a cleaning agent (‘900 at claim 5). The reference application recites further comprising a cleaning agent (‘900 at claim 6). The reference application recites comprising 10-30 wt% said structurant, 20- 40 wt% said surfactant and 30-70 wt% said cleaning agent (‘900 at claim 7). The reference application recites wherein said cleaning agent is selected from the group consisting of esters, propylene carbonates, terpenes, N- methylpyrrolidone, acetates, and ethers (‘900 at claim 8). The reference application recites wherein said cleaning agent is selected from the group consisting of alkyl esters with up to 5 carbons which may besubstituted; cyclic terpenes; dipropylene glycol methyl ether acetate, dipropylene glycol monomethyl ether acetate, diethylene glycol monoethyl ether, ethyl acetate, n-propyl acetate, n-butyl acetate, isobutyl acetate, dipropylene glycol methyl ether, and diethylene glycol ethyl ether (‘900 at claim 9). The reference application recites wherein said cleaning agent is selected from the group consisting of methyl ester, ethyl ester, 3-ethoxypropionic ethyl ester, ethyl lactate, soy methyl ester, triglyceride methyl ester, C1-4 alkyl ester of a Cs-22 saturated or unsaturated carboxylic acid, and limonene (‘900 at claim 10). The reference application recites further comprising a solvent (‘900 at claim 11). The reference application recites wherein said solvent is water (‘900 at claim 12). The reference application recites comprising 4-50 wt% said structurant, 6- 45 wt% said surfactant and up to 90 wt% solvent (‘900 at claim 13). The reference application recites wherein said structurant is an ester or fatty acid terminated polyether (‘900 at claim 14). The reference application recites wherein said structurant is a glyceride (‘900 at claim 15). The reference application recites wherein said surfactant is a sulfate-free surfactant and is selected from the group consisting polyalkylene glycol adducts of alkyl C8-C24 phenols; polyalkylene glycol adducts of C8-C30 alcohols or C8-C30 glycosides, linear or branched, saturated or unsaturated;polyalkylene glycol adducts of C8-C30, linear or branched, saturated or unsaturated fatty acid amides; C8-C30 linear or branched, saturated or unsaturated esters of sorbitol, which are preferably polyalkylene glycol adducts;fatty acid esters of sucrose; C8-C30 alkyl polyglycosides; C8-C30 alkenyl polyglycosides, which are optionally polyalkylene glycol adducts with from 0 to 10 polyalkylene glycol units and comprising from 1 to 15 glucose units; polyalkylene glycol adducts of saturated or unsaturated vegetable oils; derivatives of N-alkyl (C8-C30) glucamine; derivatives of N-acyl C8-C30 methylglucamine;aldobionamides; amine oxides; polyalkylene glycol adducts of silicones;polyglycerin adducts of lauryl alcohol containing 1-7 moles of glycerin;polyglycerin adducts of oleyl alcohol containing 1-7 moles of glycerin;polyglycerin adducts of cetearyl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of octadecanol containing 1-7 moles of glycerin (‘900 at claim 27). The reference application recites surfactant is selected from the group consisting of decyl glucoside, lauryl glucoside, caprylic/capric glucoside and coco glucoside (‘900 at claim 28). The reference application recites wherein said cleaning system further comprises a surfactant selected from the group consisting of a cationic surfactant, an anionic surfactant and an amphoteric surfactant (‘900 at claim 29). The reference application recites wherein said surfactant is selected from the group consisting of glutamates, taurates, alkanoyl isethionates, alkyl succinates, alkyl sulphosuccinates, N-alkoyl sarcosinates, alkyl phosphates,alkyl ether phosphates, alkyl ether carboxylates, alpha-olefin sulphonates wherein alkyl and acyl groups are preferably 8 to 18 carbons which may be unsaturated (‘900 at claim 30). The reference application recites wherein said surfactant is selected from the group consisting of quaternized polysaccharides, alkyl polysaccharides, alkoxylated amines, alkoxylated ether amines, phospholipids, phospholipid derivatives and mixtures thereof (‘900 at claim 31). The reference application recites wherein said surfactant is selected from the group consisting of alkanoyl isethionates, alkyl succinates, alkyl sulphosuccinates, N-alkoyl sarcosinates, alkyl phosphates, alkyl ether phosphates, alkyl ether carboxylates, alpha-olefin sulphonates wherein alkyl and acyl groups comprise 8 to 18 carbons and may be unsaturated (‘900 at claim 32). The reference application recites wherein said surfactant is selected from the group consisting of sodium, magnesium, ammonium and mono-, di- and triethanolamine salts of alpha-olefin sulphonates (‘900 at claim 33). The reference application recites wherein said surfactant is selected from the group consisting of sodium oleyl succinate, ammonium lauryl sulphosuccinate, disodium laureth sulfosuccinate, sodium dodecylbenzene sulphonate, triethanolamine dodecylbenzene sulphonate, sodium cocoyl isethionate, sodium lauroyl isethionate, sodium N-lauryl sarcosinate, sodium lauroyl lactylate and sodium lauriminodipropionate (‘900 at claim 34). The reference application recites wherein said surfactant is sodium lauriminodipropionate (‘900 at claim 35). The reference application recites wherein said surfactant is selected from the group consisting of cocamidopropylhtdroxtsultaine, cocamidopropyl betaine,cocobetaine, sodium salt of diethylaminopropyl laurylaminosuccinamate or mixtures thereof (‘900 at claim 36). The reference application recites wherein said second surfactant is selected from the group consisting of disodium laureth sulfosuccinate, decyl glucoside sodium lauroyl lactylate and sodium lauriminodipropionate (‘900 at claim 37). The reference application recites cleaning system comprising:an colloidal dispersion comprising:a structurant; and a sulfate-free surfactant; anda cleaning agent (‘900 at claim 38). The reference application recites a cleaning system comprising:an colloidal dispersion comprising:a structurant with an HLB of at least 4 to no more than 8; anda sulfate-free surfactant; anda cleaning agent;wherein said colloidal dispersion has an HLB of at least 8.7 to no more than 10.4 and yield of at least 50 dynes/cm2 (‘900 at claim 74). The reference application recites personal care product comprising:a colloidal dispersion having a Brookfield Yield Value of at least 50 dyn/cm2 comprising:a structurant; anda sulfate-free surfactant (‘900 at claim 75). The reference application recites wherein said structurant has an HLB of at least 4 to no more than 8 (‘900 at claim 116). The reference application recites wherein said colloidal dispersion has an HLB of at least 8.7 to no more than 10.4 (‘900 at claim 117). The reference application recites wherein said colloidal dispersion has a Brookfiel Yield Value of at least 50 dynes/cm2 (‘900 at claim 118). The reference application recites wherein said colloidal dispersion has a Brookfield Viscosity of no more than 1,000,000 cps measured at a spindle speed of 10 rpm (‘900 at claim 119). The reference application recites comprising 10-30 wt% said structurant,20-40 wt% said sulfate-free surfactant and 30-70 wt% said cleaning agent (‘900 at claim 120). The reference application recites comprising 10-95 wt% said colloidal dispersion and 5-90 wt% said cleaning agent (‘900 at claim 121). The reference application recites wherein said cleaning agent is selected from the group consisting of esters, propylene carbonates, terpenes, N- methylpyrrolidone, acetates, and ethers (‘900 at claim 122). The reference application recites wherein said cleaning agent is selected from the group consisting of alkyl esters with up to 5 carbons which may be substituted; cyclic terpenes; dipropylene glycol methyl ether acetate,dipropylene glycol monomethyl ether acetate, diethylene glycol monoethyl ether acetate, ethyl acetate, n-propyl acetate, n-butyl acetate, isobutyl acetate, dipropylene glycol methyl ether, and diethylene glycol ethyl ether (‘900 at claim 123). The reference application recites wherein said cleaning agent is selected from the group consisting of methyl ester, ethyl ester, 3-ethoxypropionic ethyl ester, ethyl lactate, soy methyl ester, triglyceride methyl ester, C1-4 alkyl ester of a Cs-22 saturated or unsaturated carboxylic acid, and limonene (‘900 at claim 124). The reference application recites further comprising a solvent (‘900 at claim 125). The reference application recites wherein said solvent is water (‘900 at claim 126). The reference application recites comprising 4-50 wt% said structurant, 6- 45 wt% said sulfate-free surfactant and up to 90 wt% said solvent (‘900 at claim 127). The reference application recites wherein said surfactant is selected from the group consisting polyalkylene glycol adducts of alkyl C8-C24 phenols;polyalkylene glycol adducts of C8-C30 alcohols or C8-C30 glycosides, linear or branched, saturated or unsaturated; polyalkylene glycol adducts of C8-C30,linear or branched, saturated or unsaturated fatty acid amides; C8-C30 linear or branched, saturated or unsaturated esters of sorbitol, which are polyalkylene glycol adducts; fatty acid esters of sucrose; C8-C30 alkyl polyglycosides; C8-C30 alkenyl polyglycosides, which are optionally polyalkylene glycol adducts with from 0 to 10 polyalkylene glycol units and comprising from 1 to 15 glucose units;polyalkylene glycol adducts of saturated or unsaturated vegetable oils;derivatives of N-alkyl (C8-C30) glucamine; derivatives of N-acyl C8-C30 methylglucamine; aldobionamides; amine oxides; polyalkylene glycol adducts ofpolyglycerin adducts of lauryl alcohol containing 1-7 moles of glycerin;polyglycerin adducts of oleyl alcohol containing 1-7 moles of glycerin;polyglycerin adducts of cetearyl alcohol containing 1-7 moles of glycerin;polyglycerin adducts of octadecanol containing 1-7 moles of glycerin (‘900 at claim 140). The reference application recites wherein said sulfate-free surfactant is selected from the group consisting of decyl glucoside, lauryl glucoside,caprylic/capric glucoside and coco glucoside (‘900 at claim 141). The reference application recites wherein said cleaning system further comprises a second surfactant selected from the group consisting of a cationic surfactant, an anionic surfactant and an amphoteric surfactant (‘900 at claim 142). The reference application recites wherein said second surfactant is >elected from the group consisting of glutamates, taurates, alkanoyl isethionates, alkyl succinates, alkyl sulphosuccinates, N-alkoyl sarcosinates, alkyl phosphates,kyl ether phosphates, alkyl ether carboxylates, alpha-olefin sulphonates wherein alkyl and acyl groups are 8 to 18 carbons which may be unsaturated (‘900 at claim 143). The reference application recites wherein said second surfactant is >elected from the group consisting of quaternized polysaccharides, alkyl polysaccharides, alkoxylated amines, alkoxylated ether amines, phospholipids,phospholipid derivatives and mixtures thereof (‘900 at claim 144). The reference application recites wherein said second surfactant is >elected from the group consisting of alkanoyl isethionates, alkyl succinates,kyl sulphosuccinates, N-alkoyl sarcosinates, alkyl phosphates, alkyl ether phosphates, alkyl ether carboxylates, alpha-olefin sulphonates wherein alkyl and icyl groups comprise 8 to 18 carbons and may be unsaturated (‘900 at claim 145). The reference application recites wherein said second surfactant is >elected from the group consisting of sodium, magnesium, ammonium and mono-, di- and triethanolamine salts of alpha-olefin sulphonates (‘900 at claim 146). The reference application recites wherein said second surfactant is selected from the group consisting of sodium oleyl succinate, ammonium lauryl sulphosuccinate, disodium laureth sulfosuccinate, sodium dodecylbenzenesulphonate, triethanolamine dodecylbenzene sulphonate, sodium cocoyl isethionate, sodium lauroyl isethionate, sodium N-lauryl sarcosinate, sodium lauroyl lactylate and sodium lauriminodipropionate (‘900 at claim 147). The reference application recites wherein said second surfactant is sodium lauriminodipropionate (‘900 at claim 148). The reference application recites wherein said second surfactant is selected from the group consisting of cocamidopropylhtdroxtsultaine,cocamidopropyl betaine, cocobetaine, sodium salt of diethylaminopropyl laurylaminosuccinamate or mixtures thereof (‘900 at claim 149). The reference application recites wherein said second surfactant is selected from the group consisting of disodium laureth sulfosuccinate, decyl glucoside sodium lauroyl lactylate and sodium lauriminodipropionate (‘900 at claim 150). The reference application recites selected from the group consisting of soap, shampoo, body-wash, make-up remover (‘900 at claim 151). The reference application recites comprising a pigment (‘900 at claim 152). The reference application recites selected from the group consisting of mascara, eye-liner, lipstick and sunscreen (‘900 at claim 153). The reference application recites wherein said structurant has an HLB of at least 4 to no more than 8 (‘900 at claim 154). The reference application recites wherein said colloidal dispersion has an HLB of at least 8.7 to no more than 10.4 (‘900 at claim 155). The reference application recites wherein said colloidal dispersion has a Brookfield Viscosity of no more than 1,000,000 cps measured at a spindle speed of 10 rpm (‘900 at claim 156). The reference application recites comprising 10-95 wt% said colloidal dispersion and 5-90 wt% a cleaning agent (‘900 at claim 157). The reference application recites further comprising a cleaning agent (‘900 at claim 158). The reference application recites comprising 10-30 wt% said structurant, 20-40 wt% said sulfate-free surfactant and 30-70 wt% said cleaning agent (‘900 at claim 159). The reference application recites wherein said cleaning agent is selected from the group consisting of esters, propylene carbonates, terpenes,N-methylpyrrolidone, acetates, and ethers (‘900 at claim 160). The reference application recites wherein said cleaning agent is selected from the group consisting of alkyl esters with up to 5 carbons which may be substituted; cyclic terpenes; dipropylene glycol methyl ether acetate,dipropylene glycol monomethyl ether acetate, diethylene glycol monoethyl ether, ethyl acetate, n-propyl acetate, n-butyl acetate, isobutyl acetate,dipropylene glycol methyl ether, and diethylene glycol ethyl ether (‘900 at claim 161). The reference application recites wherein said cleaning agent is selected from the group consisting of methyl ester, ethyl ester, 3- ethoxypropionic ethyl ester, ethyl lactate, soy methyl ester, triglyceride methyl ester, C1-4 alkyl ester of a Cs-22 saturated or unsaturated carboxylic acid, andlimonene (‘900 at claim 162). The reference application recites further comprising a solvent (‘900 at claim 163). The reference application recites wherein said solvent is water (‘900 at claim 164). The reference application recites comprising 4-50 wt% said structurant, 6-45 wt% said sulfate-free surfactant and up to 90 wt% solvent (‘900 at claim 165). The reference application recites wherein said structurant is an ester or fatty acid terminated polyether (‘900 at claim 166). The reference application recites wherein said structurant is a glyceride (‘900 at claim 167). The reference application recites wherein said cleaning system comprises less than 2 wt% sulfate-based surfactant (‘900 at claim 177). The reference application recites wherein said cleaning system comprises less than 1 wt% sulfate-based surfactant (‘900 at claim 178). The reference application recites wherein said sulfate-free surfactant is selected from the group consisting polyalkylene glycol adducts of alkyl C8-C24 phenols; polyalkylene glycol adducts of C8-C30 alcohols or C8-C30 glycosides, linear or branched, saturated or unsaturated; polyalkylene glycol adducts of C8-C30, linear or branched, saturated or unsaturated fatty acid amides; C8-C30 linear or branched, saturated or unsaturated esters of sorbitol, which are polyalkylene glycol adducts; fatty acid esters of sucrose; C8-C30 alkyl polyglycosides; C8-C30 alkenyl polyglycosides, which are optionally polyalkylene glycol adducts with from 0 to 10 polyalkylene glycol units and comprising from 1 to 15 glucose units; polyalkylene glycol adducts of saturated or unsaturated vegetable oils; derivatives of N-alkyl (C8-C30) glucamine;derivatives of N-acyl C8-C30 methylglucamine; aldobionamides; amine oxides;polyalkylene glycol adducts of silicones; polyglycerin adducts of lauryl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of oleyl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of cetearyl alcohol containing 1-7 moles of glycerin; polyglycerin adducts of octadecanol containing 1-7 moles of glycerin (‘900 at claim 179). The reference application recites wherein said sulfate-free surfactant is selected from the group consisting of decyl glucoside, lauryl glucoside,caprylic/capric glucoside and coco glucoside (‘900 at claim 180). The reference application recites wherein said cleaning system further comprises a surfactant selected from the group consisting of a cationic surfactant, an anionic surfactant and an amphoteric surfactant (‘900 at claim 181). The reference application recites wherein said surfactant is selected from the group consisting of glutamates, taurates, alkanoyl isethionates, alkyl succinates, alkyl sulphosuccinates, N-alkoyl sarcosinates, alkyl phosphates, alkyl ether phosphates, alkyl ether carboxylates, alpha-olefin sulphonates wherein alkyl and acyl groups are 8 to 18 carbons which may be unsaturated (‘900 at claim 182). The reference application recites wherein said surfactant is selected from the group consisting of quaternized polysaccharides, alkyl polysaccharides,alkoxylated amines, alkoxylated ether amines, phospholipids, phospholipid derivatives and mixtures thereof (‘900 at claim 183). The reference application recites wherein said surfactant is selected from the group consisting of alkanoyl isethionates, alkyl succinates, alkyl sulphosuccinates, N-alkoyl sarcosinates, alkyl phosphates, alkyl ether phosphates, alkyl ether carboxylates, alpha-olefin sulphonates wherein alkyl and acyl groups comprise 8 to 18 carbons and may be unsaturated (‘900 at claim 184). The reference application recites wherein said surfactant is selected from the group consisting of sodium, magnesium, ammonium and mono-, di- and triethanolamine salts of alpha-olefin sulphonates (‘900 at claim 185). The reference application recites wherein said surfactant is selected from the group consisting of sodium oleyl succinate, ammonium lauryl sulphosuccinate, disodium laureth sulfosuccinate, sodium dodecylbenzenesulphonate, triethanolamine dodecylbenzene sulphonate, sodium cocoyl isethionate, sodium lauroyl isethionate, sodium N-lauryl sarcosinate, sodium lauroyl lactylate and sodium lauriminodipropionate (‘900 at claim 186). The reference application recites wherein said surfactant is sodium lauriminodipropionate (‘900 at claim 187). The reference application recites wherein said surfactant is selected from the group consisting of cocamidopropylhtdroxtsultaine, cocamidopropyl betaine, cocobetaine, sodium salt of diethylaminopropyl laurylaminosuccinamate or mixtures thereof (‘900 at claim 188). The reference application recites wherein said second surfactant is selected from the group consisting of disodium laureth sulfosuccinate, decyl glucoside sodium lauroyl lactylate and sodium lauriminodipropionate (‘900 at claim 189). The reference application recites further comprising an additive selected from the group consisting of fragrances, colorants, opacifiers, chelating agents, abrasives, anti-deposition agents, brightening agents, UV-absorbers,preservatives, antioxidants, lubricants, penetrants, film formers, detergents,emulsifiers, volatiles, propellants, salts, pH adjusting agents, neutralizing agents,buffers, anti-static agents, absorbents pigments, dyes, and sunsceens (‘900 at claim 190).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Reference claims effectively anticipate the instant claims resulting in a prima facie case of anticipatory type non-statutory double patenting.
Conclusion
No claims are presently allowable.
Correspondence
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/AMANDA MICHELLE PETRITSCH/ Examiner, Art Unit 1612
/SAHANA S KAUP/ Supervisory Primary Examiner, Art Unit 1612
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