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 13 and 15 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. Claims 13 and 15 contain a glycol ether solvent which does not have antecedent basis in claim 1 from which the claims depend.
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 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Cermenati et al, US 2017/0015947.
Cermenati et al teach an acidic liquid hard surface cleaner comprising 8% citric acid, 2% formic acid, surfactant, thickener, dipropylene glycol propyl ether, perfume, and the balance water wherein the composition has a pH of 2 (¶128, example 8). These compositions may contain a C12-16 dimethyl amine oxide surfactant (¶66) and glycolic acid is a suitable acid of the invention (claim 3), and so it would have been obvious for one of ordinary skill in the art to add an amine oxide surfactant and glycolic acid to example 8 with confidence of forming an effective hard surface cleaner as amine oxides and glycolic acid is taught as suitable by the reference.
With respect to the amount of acid claimed, these compositions may contain combinations of acids in preferred amounts as low as 2% (¶20) and so it would have been obvious for one of ordinary skill in the art to prepare example 8 with the same 4:1 ratio of citric:formic acid, but instead make it 0.5% formic and 2% citric and still be within the preferred amount of acid taught by the reference.
With respect to the amount of glycol ether claimed, these compositions may contain preferred amounts as low as 1% (¶48) and so it would have been obvious for one of ordinary skill in the art to prepare example 8 with 1% glycol ether and still be within the preferred amount of solvent taught by the reference.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Cermenati et al, US 2017/0015947 in view of Policicchio et al, US 2005/0215459.
Cermenati et al are relied upon as set forth above. The reference does not teach a kit according to present claim 14.
Policicchio et al teach a hard surface cleaner with a cleaning implement comprising a handle, support head pivotally attached to said handle, a cleaning substrate removably attached to the support head, and a liquid delivery system (¶34-37). This is precisely the kit claimed. It would have been obvious for one of ordinary skill in the art to use any hard surface cleaner, including the cleaner of Cermenati et al, with the cleaning implement of Policicchio et al. It is not inventive to use a standard cleaning implement, well-known in the art, with a hard surface cleaner also well-known in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES I BOYER whose telephone number is (571)272-1311. The examiner can normally be reached M-S 10-430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at 5712722817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES I BOYER/ Primary Examiner, Art Unit 1761
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