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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/28/2025 was considered by the examiner.
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.
Claims 1-4 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baig et al. (US 2016/0324741), evidenced by Cao et al. (Korean J Chem Eng, 18(1), 2001, 133-135).
Baig discloses an aqueous oral care composition comprising a zinc source, e.g. zinc lactate, and a tin source, e.g. stannous chloride, stannous fluoride, stannous gluconate (see claims 1, 17-19; see instant claims 1-3). Zinc lactate has a water solubility dependent on temperature with a solubility of 4.22% at 10oC and 12.16% at 80oC (see page 134 of evidence/Cao). Baig’s oral care composition comprises a buffer (pH adjuster) and an abrasive (e.g. silica) (see [0046, 0049], claim 9; see instant claim 4), wherein the composition has a pH of 3-10, or more narrowly between 4-7 (see [0049]). It is observed that a pH of 10 and 7 are within the range of instant claim 5.
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 6-8 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Baig et al. (US 2016/0324741), evidenced by Cao et al. (Korean J Chem Eng, 18(1), 2001, 133-135).
Baig is relied upon for disclosure described in the rejection of claims 1-5 under 35 U.S.C. 102(a)(1).
Methods of preparing the aqueous oral care composition are provided wherein stannous fluoride (obvious/interchangeable variant of stannous chloride, see claim 19) is provided to a solution comprising sodium gluconate, adding sodium hydroxide (a buffering agent/pH adjuster (see [0050]) and then combining this mixture with a solution comprising zinc lactate (source of zinc ions) (see Cao above regarding zinc lactate solubility) (see Example 6, [0131]). Although the steps described by Baig do not perfectly align with that claimed, MPEP 2144.04(IV)(C) states that changes in the sequence of adding ingredients is an obvious manipulation absent some new or unexpected outcome (of which none is presently known).
Therefore, the invention as a whole is prima facie obvious to one of ordinary skill in the art at the time the invention was filed, as evidenced by the references, especially in absence of evidence to the contrary.
Unapplied relevant prior art
Strand et al., EP 2057978
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE A PURDY whose telephone number is (571)270-3504. The examiner can normally be reached from 9AM to 5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Bethany Barham, can be reached on 571-272-6175. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE A PURDY/Primary Examiner, Art Unit 1611
