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 .
DETAILED ACTION
Claims 1-18 are pending.
Claim Objections
Claims 12-14 are objected to because of the following informalities:
With respect to instant claim 12, line 6, it is suggested that Applicant insert “or” after “a buffer,”.
With respect to instant claim 14, line 7, it is suggested that Applicant delete “and” and insert “or”. Note that, instant claim 13 has also been objected to due to its dependency on claim 12.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Dreher et al (US 2013/0172226) in view of EP2322593.
With respect to independent, instant claim 1, Dreher et al teach a fibrous structure comprising a plurality of fibrous elements and one or more water-soluble, active agent-containing particles. See para. 7. The fibrous structure is capable of performing a desired function. See para. 35. In an example of the present invention, a fibrous structure comprising a plurality of fibrous elements comprising one or more active agents that are releasable from the fibrous element when exposed to conditions of intended use and one or more water-soluble, active agent-containing particles, is provided. See para. 11. "Fibrous structure" as used herein means a structure that comprises one or more fibrous elements and one or more particles. In one example, a fibrous structure according to the present invention means an association of fibrous elements and particles that together form a structure, such as a unitary structure, capable of performing a function. The fibrous structures of the present invention may be homogeneous or may be layered. If layered, the fibrous structures may comprise at least two and/or at least three and/or at least four and/or at least five layers, for example one or more fibrous element layers, one or more particle layers and/or one or more fibrous element/particle mixture layer. A “Unitary fibrous structure" as used herein is an arrangement comprising a one or more particles and a plurality of two or more and/or three or more fibrous elements that are inter-entangled or otherwise associated with one another to form a fibrous structure. A unitary fibrous structure of the present invention may be one or more plies within a multi-ply fibrous structure. See paras. 36-40. Note that, the Examiner asserts that a three-layered structure and multi-ply fibrous structure as taught by Dreher et al would clearly suggest at three ply unit dose article as recited by the instant claims.
The fibrous structure may exhibit different regions, such as different regions of basis weight, density and/or caliper. In yet another example, the fibrous structure may comprise texture on one or more of its surfaces. A surface of the fibrous structure may comprise a pattern, such as a non-random, repeating pattern. The fibrous structure may be embossed with an emboss pattern (i.e., printed area). In another example, the fibrous structure may comprise apertures. The apertures may be arranged in a non-random, repeating pattern. See para. 101.
A fibrous element means an elongate particulate which may be a filament or fiber. See para. 40. Active agent containing-particle means a solid additive comprising one or more active agents, wherein the active agent containing particle may exhibit a median particle size of 1600 microns or less. See paras. 52 and 53. If the fibrous structure is used in a washing machine for laundry care purposes, the conditions of intended use will include those temperature, chemical, physical, and/or mechanical conditions present in a washing operation. In one example, the fibrous structure of the present invention exhibits a thickness of greater than 0.01 mm and/or greater than 0.05 mm and/or greater than 0.1 mm and/or to about 100 mm and/or to about 50 mm and/or to about 20 mm and/or to about 10 mm and/or to about 5 mm and/or to about 2 mm and/or to about 0.5 mm and/or to about 0.3 mm as measured by the Thickness Test Method described herein. See para.107. If the fibrous structure is to be used in a dishwashing operation by a dishwashing machine, the conditions of intended used will include the temperature, chemical, physical, and/or mechanical conditions present in a dishwashing machine. See paras. 65-67. The fibrous elements may be water-soluble or water-insoluble and may contain one or more active agents. The fibrous elements may contain an additive may comprising a rheology modifier, such as a shear modifier and/or an extensional modifier. Non-limiting examples of rheology modifiers include but not limited to polyacrylamide, polyurethanes and polyacrylates that may be used in the fibrous elements of the present invention. Non-limiting examples of rheology modifiers are commercially available from The Dow Chemical Company (Midland, Mich.). See para. 62. In one embodiment, the fibrous element comprises one or more active agents wherein the total level of filament-forming materials present in the fibrous element is from about 5% to less than 80% by weight on a dry fibrous element basis and/or dry fibrous structure basis and the total level of active agents present in the fibrous element is greater than 20% to about 95% by weight on a dry fibrous element basis and/or dry fibrous structure basis. See para. 113.
"Diameter" as used herein, with respect to a fibrous element, is measured according to the Diameter Test Method described herein. In one example, a fibrous element of the present invention exhibits a diameter of less than 100 microns and/or less than 75 microns and/or less than 50 microns and/or less than 25 microns, etc. See para. 78. The filament-forming material is any suitable material, such as a polymer which may be water-soluble. Suitable polymers include polyvinyl alcohol, hydroxymethyl cellulose, etc. See paras. 127-143. Note that, Dreher exemplifies filament forming compositions containing active ingredients along with polyvinyl alcohol. See Table 1. Suitable active agents include surfactants, perfumes, alkoxylated polyamine polymers, chelating agents, builders, polymeric dispersing agents, suds suppressing agents, anti-foam agents, etc. See paras. 155-157. Suitable surfactants include anionic surfactants, nonionic, cationic surfactants, amphoteric surfactants, and mixtures thereof, wherein suitable anionic surfactants include alkyl ethoxylated sulfates having an alkyl group of 8 to 24 carbon atoms and 1 to 10 ethylene oxide units, C11-C18 alkyl benzene sulfonates, etc., and sodium, potassium, etc., counterions, and suitable nonionic surfactants include the commercially available Pluronic surfactants, etc., further wherein the total amount of surfactants is from about 0.5% to about 95% by weight of the particles. See paras. 161-180.
Dreher et al do not teach the use of a fragrance oil or a water-soluble unit dose article containing a first, second, and third ply which are fibrous water-soluble fibrous structures, wherein the third ply contains a fragrance oil as recited by independent, instant claim 1 and the respective dependent claims.
‘593 teaches a liquid laundry detergent composition. See Abstract. The liquid laundry detergents compositions of the present invention may include a "natural essence". As referred to for purposes of this invention, "natural essence" is intended to include a broader class of natural products comprising natural oils extracted from plants and trees and their fruits, nuts and seeds. See para. 21. Some of the naturally derived essences for use in the present compositions include, but are not limited to, musk, civet, ambergis, castoreum and similar animal derived oils; abies oil, ajowan oil, almond oil, ambrette seed absolute, angelic root oil, anise oil, basil oil, bay oil, benzoin resinoid, bergamot oil, birch oil, bois de rose oil, broom abs., cajeput oil, cananga oil, capsicum oil, caraway oil, cardamon oil, carrot seed oil, cassia oil, cedar leaf oil, cedar wood oil, celery seed oil, cinnamon bark oil, citronella oil, lavender oil, laurel leaf oil, lavender oil, lemon oil, etc. See para. 22.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use a fragrance oil such as lavender oil as an active ingredient in the third ply as taught by Dreher et al, with a reasonable expectation of success, because ‘593 teaches the use of lavender oil as a perfume in a similar composition and further, Dreher et al teach the use of perfumes as active ingredients in general.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to formulate a water-soluble unit dose article containing a first, second, and third ply which are fibrous water-soluble fibrous structures, wherein the third ply contains a fragrance oil as recited by independent, instant claim 1 and the respective dependent claims., with a reasonable expectation of success, because the broad teachings of Dreher et al in view of ‘593 suggest a water-soluble unit dose article containing a first, second, and third ply which are fibrous water-soluble fibrous structures, wherein the third ply contains a fragrance oil as recited by independent, instant claim 1 and the respective dependent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Remaining references cited but not relied upon are considered to be cumulative to or less pertinent than those relied upon or discussed above.
Applicant is reminded that any evidence to be presented in accordance with 37 CFR 1.131 or 1.132 should be submitted before final rejection in order to be considered timely.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY R DEL COTTO whose telephone number is (571)272-1312. The examiner can normally be reached on M-F, 8:30am-6:00pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached on (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY R DELCOTTO/Primary Examiner, Art Unit 1761
/G.R.D/September 9, 2026
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