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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 2 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "wherein the substituent group" in line 8. There is insufficient antecedent basis for this limitation in the claim. Specifically, the examiner asserts that the term “substituent” does not previously appear in claim 2. Also, it is unclear if the “substituent group” is associated with variable “R3”, “X” or both. Appropriate correction and/or clarification is required.
Claim 17 recites the limitation "second optical brightener" in line 2. There is insufficient antecedent basis for this limitation in the claim. Specifically, the examiner asserts that the limitation “second optical brightener” does not appear in claim 1. It appears that claim 17 should be amended to depend from claim 4 to provide proper antecedent basis. 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 1-20 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 Miracle et al, US 2015/0203796.
Miracle et al, US 2015/0203796, discloses a detergent comprising an optical brightener, a dye transfer inhibitor and an enzyme (see abstract). It is further taught by Miracle et al that the detergent contains 0.00001-10% by weight of the optical brightener, wherein suitable optical brighteners include compounds of formula III, which is a compound identical to the structure of the optical brightener in instant claim 1 when R10 is hydrogen and Q is 2,5-thiophene (see paragraphs 28-31), that the detergent contains fabric hueing agents, such as acid violet 50, direct violet 9, direct violet 66, direct violet 99 (see paragraphs 52-54), and hueing agents having the structures depicted in paragraphs 60-78, polyester soil release polymers (see paragraph 103), 0.1-60% by weight of a surfactant system comprising both anionic surfactants and nonionic surfactants in a weight ratio of 90:1 to 2:3, wherein suitable anionic surfactants include alkyl benzene sulfonates and suitable nonionic surfactants include alkoxylated alcohols (see paragraphs 142-150), and 0.01-1% by weight of an additional low ClogP Optical brightener having the structures depicted in paragraphs 163-171, wherein the composition is a granule contained in a unitized dose pouch package that is made of polyvinyl alcohol or cellulose (see paragraphs 215-221), per the requirements of the instant invention. Specifically, note granular laundry detergent Examples 2-13, Unit dose detergent Examples 21-33, and detergent additive Example 34. Although Miracle et al is silent with respect to using recycled package materials, the examiner asserts that the package materials used in Miracle et would inherently use recycled materials, since this is a common practice in the detergent art to maintain a cleaner environment. Therefore, instant claims 1-20 are anticipated by Miracle et al, US 2015/0203796.
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 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/983,690 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because copending Application No. 18/983,690 claims a similar granular laundry detergent composition comprising 0.01-5% by weight of a first optical brightener having the structure depicted in claim 1, 0.1-5% by weight of a polyester soil release polymer, 0.1-5% by weight of a second optical brightener having the structures depicted in claim 7, 5-60% by weight of an alkyl sulphate anionic surfactant, 0.1-40% by weight of a fatty alcohol ethoxylate nonionic surfactant, a hueing dye, and adjunct ingredients, wherein the detergent composition is packaged in cellulose or plastic (see claims 1-20 of copending Application No. 18/983,690), as required in the instant claims. Therefore, instant claims 1-20 are an obvious formulation in view of claims 1-20 of copending Application No. 18/983,690.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/983,616 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because copending Application No. 18/983,616 claims a similar granular laundry detergent composition comprising 0.01-5% by weight of a second optical brightener having the structure depicted in claim 5, 0.1-5% by weight of a polyester soil release polymer, 0.1-5% by weight of a first optical brightener having the structures depicted in claim 4, 5-60% by weight of an alkyl sulphate anionic surfactant, 0.1-40% by weight of a fatty alcohol ethoxylate nonionic surfactant, 0.1-10% by weight of a hueing dye, and adjunct ingredients, wherein the detergent composition is packaged in recycled cellulose or plastic (see claims 1-20 of copending Application No. 18/983,616), as required in the instant claims. Therefore, instant claims 1-20 are an obvious formulation in view of claims 1-20 of copending Application No. 18/983,616.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/983,664 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because copending Application No. 18/983,664 claims a similar granular laundry detergent composition comprising 0.01-5% by weight of a second optical brightener having the structure depicted in claim 1, 0.1-5% by weight of a polyester soil release polymer, 0.1-5% by weight of a first optical brightener having the structures depicted in claims 1 and 5, 5-60% by weight of an alkyl sulphate anionic surfactant, 0.1-40% by weight of a fatty alcohol ethoxylate nonionic surfactant, 0.1-10% by weight of a hueing dye, and adjunct ingredients, wherein the detergent composition is packaged in recycled cellulose or plastic (see claims 1-20 of copending Application No. 18/983,664), as required in the instant claims. Therefore, instant claims 1-20 are an obvious formulation in view of claims 1-20 of copending Application No. 18/983,664.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Letzelter et al, WO 2023/283208, discloses a liquid detergent whitening additive comprising a soil release polymer, a hueing dye, a surfactant and a brightener (see abstract, page 1, lines 23-33, and page 7, lines 1-3).
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 4, 2026
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