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 .
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 3-8 and 11-12 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.
Claim 3 recites the limitation "surfactant" in line 1. There is insufficient antecedent basis for this limitation in the claim. Specifically, claim 3 should be amended to recite “anionic surfactant” to provide proper antecedent basis. Appropriate correction and/or clarification is required.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for containing the double inclusion of the Markush listing component “sodium lauryl sulfate”. The examiner notes that this component is listed in lines 4 and 6 of claim 3. Appropriate correction and/or clarification is required.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for containing the Markush listing components “glycereth-6-cocoate” (a nonionic surfactant), “cocamidopropyl hydroxysultaine” (an amphoteric surfactant) and “linear ethoxylated alcohol” (a nonionic surfactant). These components render the claim vague and indefinite, since they are not anionic surfactants. The examiner asserts that claim 1 requires an anionic surfactant, and notes that selecting one of these three surfactants as an anionic surfactant renders the claim vague and indefinite. Appropriate correction and/or clarification is required.
Claims 4-8 and 11-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for listing the component “polyquaterniums” as an “amphoteric polymer” in claim 4, a “cationic polymer” in claim 7, and as an “additional softening active” in claim 12. These listings of “polyquaterniums” render the claims vague and indefinite, since it is unclear how one component can satisfy the requirements of three separate components. Claims 5-6, 8 and 11 are included in this rejection for being dependent upon claims 4 and 7. Appropriate correction and/or clarification is required.
Claims 7-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for listing “inulin polysaccharides” as a cationic polymer. The examiner notes that “inulin polysaccharides” are nonionic unless they are chemically modified. Accordingly, listing a nonionic component as a cationic polymer renders the claims vague and indefinite. Appropriate correction and/or clarification is required.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for containing the limitation “other clay-based fabric softeners”. The limitation “other clay-based fabric softeners” renders the claim vague and indefinite, since one of ordinary skill in the art would not be able to ascertain the metes and bounds of the limitation “other clay-based fabric softeners”. It is unclear what components fall under the limitation “other clay-based fabric softeners”. Appropriate correction and/or clarification is required.
Claim Rejections - 35 USC § 102
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 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.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-12 and 17 are rejected under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Xu et al, US 2021/0261892.
Xu et al, US 2021/0261892, discloses a flexible, porous, dissolvable solid sheet containing a cationic surfactant (see abstract). It is further taught by Xu et al that the solid sheet article contains 1-60% by weight of a water-soluble polymer selected from polyvinyl alcohol and starch (see paragraphs 10 and 45-57), that the solid sheet article contains 1-65% by weight of a plasticizer, such as glycerin, citric acid, and polyquaterniums (see paragraphs 58-65), 1-50% by weight of a cationic surfactant, such as diester quaternary ammonium compounds and dicetyl dimethyl ammonium chloride (see paragraphs 66-91), 1-25% by weight of anionic surfactants, such as alkyl sulfates and sodium trideceth sulfates (see paragraphs 93-95), 0.01-50% by weight of silicones (see paragraphs 106-110), 0.01-20% by weight of cationic polymers and amphoteric polymers (see paragraphs 113-115), and encapsulated perfumes, dispersants and release agents (see paragraph 92), wherein the solid sheet article is used in a process to wash fabrics (see paragraph 190), per the requirements of the instant invention. Specifically, note Examples 1-4 and Tables 1-17. Therefore, instant claims 1-12 and 17 are anticipated by Xu et al, US 2021/0261892.
In the alternative that the above disclosure is insufficient to anticipate the above listed claims, it would have nonetheless been obvious to the skilled artisan to produce the claimed composition, as the reference teaches each of the claimed ingredients within the claimed proportions for the same utility.
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.
Claims 1-12 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12,173,258. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 12,173,258 claims a similar water-soluble sheet for washing a textile comprising 25.7% by weight of polyvinyl alcohol, 15.9% by weight of starch, 4.5% by weight of glycerol, 21.5% by weight of alpha-olefin sulfonate, 4.5% by weight of glycereth-6-cocoate, 11.5% by weight of cationic inulin polysaccharide, 3.0% by weight of polyquaternium-22, 1.0% by weight of a fragrance, 0.8% by weight of citric acid, water, and adjunct ingredients (see claims 1-8 of U.S. Patent No. 12,173,258), as required in the instant claims. Therefore, instant claims 1-12 and 17 are an obvious formulation in view of claims 1-8 of U.S. Patent No. 12,173,258.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P MRUK whose telephone number is (571)272-1321. The examiner can normally be reached on 7:00am-5:30pm Monday-Thursday.
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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN P MRUK/
Primary Examiner, Art Unit 1761
Brian P Mruk
August 27, 2026
Prosecution Insights