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 .
Final Rejection
Claims 1-18 are pending. Claims 1,2,14, and 15 are amended in the response filed 6/8/2026. Claims 16-18 are new. Claim 1 is independent.
Response to Amendment
The rejection of claims 1-5, 8-15 under 35 U.S.C. 103 as being unpatentable over Richards et al. (US 20170198432A1) further in view of Stretanski et al. (US20090203817A1), Parry et al. (WO2006002777A1) and Bacher et al. (US 5,650,509) is withdrawn in light of Applicant’s amendment to the claims requiring the method be applied to elastane containing fabric that has been worn.
The rejection of claims 6-7 under 35 U.S.C. 103 as being unpatentable over Richards et al. (US 20170198432A1), Stretanski et al. (US20090203817A1), Parry et al. (WO2006002777A1) and Bacher et al. (US 5,650,509) as applied to claims 1-5 and 8-15 above further evidenced by pdfs YOUR HOUSEHOLD WATER QUALITY https://fieldreport.caes.uga.edu/wp-content/uploads/2025/08/C-858-10_4.pdf
and WHY COPPER https://www.copper.org/applications/plumbing/water_service/why_copper.htmlodorous
is withdrawn.
Response to Arguments
Applicant's arguments filed 6/8/2026 have been fully considered but they are not persuasive. Applicant’s urge that the prior art made of record do not teach treating elastane fabric that has been already worn as is required by the amendment in claim 1. In response, arguments to the intended use of a method cannot be found persuasive to patentability. Furthermore, the claim amendments are addressed below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5, 8-17 are rejected under 35 U.S.C. 103 as being unpatentable over Richards et al. (US 20170198432A1) in view of Cramer et al. (US 6,863,933), Stretanski et al. (US20090203817A1), Parry et al. (WO2006002777A1) and Bacher et al. (US 5,650,509).
Richards et al. teach the claim 1a method of treating an elastane-containing fabric, comprising a) providing a fabric treatment composition comprising an antioxidant and a surfactant by teaching machine laundering of elastane fabrics ie (cotton, polyester, nylon) (0002-0003, 0062 and abstract) comprising contact with an antioxidant page 7, [0104] and surfactant page 5, [0075].
With respect to claim 1 b) Examiner notes that Richards et al. do not specifically teach the elastane containing fabric has been worn, as required by the amended claim 1, however, it is Examiner’s position given the art teaches multiple washings in [0169] that it is reasonable for one of ordinary skill envisage the washings of worn clothes would result in the same efficacies of the same treatment as the claim 5 indicates the treatment is applied to the side of the garment that is adjacent to the skin and [0169] teaches 10+ washings which one of ordinary skill will reasonably expect the items to be worn as they are garments for wearing and subsequent washing. Furthermore, treatment of worn clothes in an automatic washing machine is normal conditions of laundering and not novel. Examiner’s position is supported by Cramer et al. teaching in the analogous art of treating spandex elastane (col.5,ln.3) fabrics, Cramer et al. teach it is commonly known to treat worn garments (col.28,ln32) in an automatic washing machine (see col.17,ln.9), with a surface treatment formulation including antioxidant (col.21,ln.49), fatty acid, LAS, monoethanolamine (See table 2 in col.33) and teach these supplement or boost the performance of conventional detergent compositions and add a coating via a washing process, by spraying, dipping, painting, wiping, or by other manner in order to deliver a coatingespecially a transparent coating that covers at least about 0.5%-100% of the surface (col.15,ln.55-62) and can be added at any stage of the washing process, including, but not limited to in the wash cycle, or the rinse cycle of an automatic washing machine. See col.17,ln.8-20.
Therefore it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to arrive at the claimed method of treating an elastane fabric that has been worn as required by claim 1, with a reasonable expectation of success and similar results because Richards et al. teach a method of treating an elastane-containing fabric with surfactant and antioxidant in general and Cramer et al. teach it is commonly known to treat worn spandex garments in an automatic washing machine (see col.17,ln.9), with a fabric treatment formulation including antioxidant, fatty acid, LAS, monoethanolamine which can be added at any stage of the washing process, including, but not limited to in the wash cycle, or the rinse cycle of an automatic washing machine. Further it is the Examiner’s position that treatment of worn clothes in an automatic washing machine is normal conditions of laundering and not novel.
Richards et al. teach claim 1 c) contacting the elastane-containing fabric with the fabric treatment composition in the presence of water See page 5, [0074].
Richards et al. teach claim 1 d) limitation to rinsing the elastane containing fabric in the presence of water, wherein the antioxidant remains deposited after the rinsing as required by the amendment of claim 1 is taught in [0107] copied herein:
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thus, guiding one of ordinary skill that subsequent rinsing/washing yields a fabric to which the polymer has been applied and does not wash off the fabric after standard machine washing of garments. Instead the reactive metal ions are able to interact with bacteria to kill and/or inhibit growth. See also the table in [0169] copied herein where Richards teaches multiple rinsing/ washings of the elastane treated fabric where the multiply washed fabric remains an antimicrobial fabric.
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Regarding the claim 1 material limitation to a surfactant concentration of at least 10 ppm is met by Richards et al. teaching NF-21 fluorinated FC6 surfactant in [0075] and [0122] teaching 0.03-0.08% amounts of fluorinated FC6 surfactant in the composition treating 88 cotton/ 12 spandex blend performance fabric whereby the solution was sprayed to achieve the theoretical % by weight of each treatment, accounting for wet pick up. After 1, 3 and 10 minutes, all treated cotton lycra blends showed superior wicking. See [0122-0124] of Richards et al. page 8.
Richards et al. guide one of ordinary skill to the claim 1 ratio of 10.1:1 to 100:1 of treatment liquor to elastane fabric which are standard amounts in washing and met by the examples and table in [0164].
Richards et al. teach clam 1 limitation to wherein the method is to slow the formation of malodorous species generated from the autoxidation of soils by teaching in [0014] that such cotton containing performance fabrics can be manufactured to contain releasable metals, such as copper. See page 2, [0014].
Richards et al. teach wherein the fabric treatment composition and the water form a treatment liquor having an antioxidant [0104] in general. However, Richards et al. do not teach antioxidant concentration of at least 25 ppb and wherein at least some portion of the antioxidant is deposited onto the elastane-containing fabric as required by claim 1.
Stretanski et al. (US2009203817A1) teach antioxidant in [0057] within the claim 1 amount in [0124] in an analogous spandex treatment composition for deposition onto a spandex containing fabric. See example 61, [0144] encompassing a hindered phenol. [0072] of Stretanski et al. specifically guide one of ordinary skill to the to the same hindered phenol antioxidants recited by the instant specification in the same range of from about 1:10 to about 10:1 onto the same elastane fabric. Stretanski specifically discusses stabilizing amounts of the antioxidant composition on spandex (elastane) fabric, see for example [0058] teaching that the prior art formulations AO-1, AO-3, AO-7, AO-8 and AO-9 made in the examples to stabilize the spandex, the stabilizing amount of the compounds of formula (I) is often in the range of about 0.01% to about 10% by weight based on the total weight of the stabilized spandex polymer or prepolymer composition, although larger or smaller amounts may be useful in particular situations which teaching encompasses the claimed ranges. It is the Examiner’s position that even if the art does not use the term deposition, the concept of stabilizing the spandex with hindered phenol antioxidants which Stretanski teaches explicitly in page 11, [0072] teaching hindered phenol antioxidant added in an amount from 0.01 to, 10%, preferably from 0.05 to 5%, and more preferably from 0.1 to 2%, based on the weight of the stabilized spandex polymer or prepolymer composition would necessarily guide one of ordinary skill to the claimed concept of the same hindered phenol antioxidant being ‘deposited’ on the same elastane fabric.
Richards and Stretanski are both considered to be analogous to the claimed invention because they are in the same field of treating an elastane containing fabric. However, neither Richards nor Stretanski explicitly teach deposition of the antioxidant in a concentration of at least 25 ppb as is required by claim 1. Examiner notes the combination of references are found pertinent to the claims because Stretanski (US20090203817A1) guide one of ordinary skill in [0072] to the same hindered phenol antioxidants recited by the instant specification in the same range of from about 1:10 to about 10:1 onto the same elastane fabric. It is the Examiner’s position that even if the art does not use the term deposition, BRI of deposition from Applicant’s specification [0096] is to contacting which concept is encompassed by the prior art teaching stabilizing the spandex with hindered phenol antioxidants which Stretanski teaches explicitly in page 11, [0072] teaching hindered phenol antioxidant added in an amount from 0.01 to, 10%, preferably from 0.05 to 5%, and more preferably from 0.1 to 2%, based on the weight of the stabilized spandex polymer or prepolymer composition would necessarily guide one of ordinary skill to the claimed concept of the same hindered phenol antioxidant being ‘deposited’ on the same elastane fabric.
Parry et al. (WO2006002777A1) teach the commonly knowledge that sterically hindered phenol antioxidants are dosed at a level of 100ppb to 200 ppm (see page 4, ln.22-25) to achieve the desired level in the aqueous medium and also in the analogous art Bacher et al. (US 5,650,509) teach stearically hindered phenol antioxidants as claimed treat polyamide fabric (made of various material blends such as spandex, also known as elastane or Lycra) and guide one of ordinary skill that the liquor pickup is 30-400% by weight. See abstract and col.5,ln.5-10.
Parry et al., Bacher et al., Richards Cramer, and Stretanski are all considered to be analogous to the claimed invention because they are in the same field of treating an elastane containing fabric. Examiner notes Applicant's specification US20250340800A1 [0074] reciting IV Methods: Deposition of Antioxidant onto Fabric Test Method describes in [0076] and [0096], Contacting fabric with a Fabric Treatment Composition and thus, establishing BRI for depositing the very minuscule amount of at least 2ug is encompassed by contacting an elastane containing fabric with the antioxidant.
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to arrive at the claimed antioxidant in a concentration of at least 25 ppb as required by claim 1 because Richards et al. teach machine laundering of elastane fabrics ie (cotton, polyester, nylon) treated with copper comprising contact with an antioxidant and surfactant and Stretanski et al. (US2009203817A1) teach an analogous spandex treatment composition comprising 5 g (20mmol) of antioxidant is an advantageous amount to make a stabilized spandex treatment composition and Parry et al. establish that sterically hindered phenol antioxidants are dosed at a level of 100ppb to 200 ppm in general and Bacher et al. (US 5,650,509) teach stearically hindered phenol antioxidants as claimed treat polyamide fabric via liquor pickup 30-400% by weight. Thus one of ordinary skill reading the prior art references would reasonable arrive at the minuscule amount of the antioxidant being deposited on already worn spandex fabric would be encompassed by the prior art teaching the same spandex elastane fabric treated with the same stearically hindered phenol antioxidants which treatment entails liquor pickup of 30-400% in general.
Claim 2 limitation to wherein the method further comprises the step of drying the elastane-containing fabric after the step of rinsing wherein at least some portion of the antioxidant remains deposited on the elastance containing fabric after the step of drying is met by Richards [0172] teaching treated fabrics are able to withstand normal laundering conditions. The fabrics maintain their moisture management properties after 30 laundering cycles. It is expected that the treated fabrics will maintain performance up to 50 laundering cycles. It is reasonable for one of ordinary skill to expect at least a portion of the antioxidant to remain deposited on the fabric after rinsing with water as the art teach the enhanced properties within the washed fabric after multiple washings.
The claims 3 and 4 do not provide a contribution over the art and common knowledge that sebum is skin’s natural oils produced by human sebaceous glands and encompasses the claim 3 an unsaturated organic soil. While the prior art illustrate wherein there is sebum soil on their fabric prior to treatment with the composition and water, such is reasonably expected by one of ordinary skill as these are clothes that are worn by humans with sebaceous glands.
Claim 5 limitation to wherein at least 1 ug/g of the antioxidant is deposited onto the elastane-containing fabric, as measured according to the Deposition of Antioxidant onto Fabric Test Method is met by Stretanski [0072] teaching the antioxidant is used in amount of less than 2% based on the weight of the spandex polymer. [0129] discuss that the AO is applied to the fabric be teaching the yellowness is controlled. Stretanski guide one of ordinary skill in [0072] to the same hindered phenol antioxidants recited by the instant specification in the same range of from about 1:10 to about 10:1 onto the same elastane fabric. With respect to the claimed Deposition of Antioxidant onto Fabric Test Method, Examiner notes that Applicant’s specification in at least page 8, [0086-0088] establishes broadest reasonable interpretation of ‘Deposition of Antioxidant onto Fabric’ is contacting the Fabric with a Fabric Treatment Composition. In this regard, Stretanski guide one of ordinary skill to stabilizing the spandex with hindered phenol antioxidants which Stretanski teaches explicitly in the abstract & page 11, [0070] defining the stabilizing of spandex polymer as one or more intermixed with the spandex polymer or prepolymer at any stage of manufacture, e.g., during spandex manufacture and/or to the resulting spandex product (such as fiber or fabric). Then on the same page 11, [0072] teaches hindered phenol antioxidant added in an amount from 0.01 to, 10%, preferably from 0.05 to 5%, and more preferably from 0.1 to 2%, based on the weight of the stabilized spandex polymer or prepolymer composition would necessarily guide one of ordinary skill to the claimed concept of the same hindered phenol antioxidant being ‘deposited’ on the same elastane fabric, ie SPANDEX. Then on page 12, [0074] Stretanski teach Examples of preferred substantially sulfur-free, hindered phenol antioxidant include (AO-4), (AO-5), (AO-6) (described on page 12, right column) and then [0078] teaches that the stabilizer with the antioxidant is exhausted onto the spandex and finally on page 18 [0129] Stratanski establishes that the yellowness index of the stabilizer with hindered phenol antioxidants (AO-4), (AO-5), (AO-6) was lower than the yellowness index with just the individual antioxidants. Examiner maintains the claimed deposition of the antioxidant treatment liquor onto the elastane fabric in the minute concentration of at least 1ug/g and ratio as claimed is recognized by the prior art recognizing the lower yellowness index with spandex treated with the stabilizer and the hindered phenol antioxidant.
Claims 8-10 limitation to wherein the elastane-containing fabric comprises a material selected from the group consisting of polyester, nylon, cotton is met by Richards et al. illustrate treating cotton lycra blends [0124]
Limitation of claims 11-12 to wherein the alkylated hindered phenol is 2,6-bis(1,1- dimethylethyl)-4-methyl-phenol is taught in Stretanski et al. [0036]. Limitation of claim 12 to wherein the alkylated hindered phenol is Ci-Cis linear or branched alkyl esters of 3,5-bis(1,1- dimethylethyl)-4-hydroxy-benzenepropanoic acid is taught in Stretanski et al. [0057]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the ethanolamine solvent of Richards et al. with the alkylated hindered phenol as taught by Stretanski et al. [0036] and [0057] teaching commonly known alkylated hindered phenols of claim 12 are applied to spandex to stabilize the fabric and thus the claims 11-12 does not provide a contribution over the art of record.
Claim 13 limitation to wherein the treatment liquor has a surfactant concentration of at least 50 ppm and the surfactant comprises anionic surfactants, nonionic surfactants, is taught in Richards et al. [0075]-[0078] which one of ordinary skill understands that the 0.05% fluorinated surfactant corresponds to 500 ppm. Richards et al. teach the surfactant is NF-21 fluorinated FC6 surfactant in [0075] and [0122] teaching 0.03-0.08% amounts of fluorinated C6 surfactant in the composition treating 88 cotton/ 12 spandex blend performance fabric whereby the solution was sprayed to achieve the theoretical % by weight of each treatment, accounting for wet pick up. After 1, 3 and 10 minutes, all treated cotton lycra blends showed superior wicking. See [0122-0124] of Richards et al. page 8.
Richards et al. encompass the scope of clams 14-15 teaching solvents [0105] ethanolamine chelant and fabric conditioning active/surfactants. See [0075-0078]. And [0092] teach citrate chelating agents.
Richards et al. do not teach the fatty acid of new claim 16. However, Cramer et al. col.20,ln.30-65 teach it is commonly known to include fatty acid nonionic surfactants for low sudsing. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Richards et al. with the claim 16 fatty acid as claimed and taught by Cramer et al. teaching fatty acid nonionic surfactants are commonly included in fabric treatment composition for low sudsing in an automatic washing machine.
With respect to new claim 17, Richards et al. teach monoethanolamine [0105] but not with the LAS surfactant required in new claim 17. Examiner notes Cramer et al. col.33, table 2 exemplifies that the combination of monoethanolamine with linear alkylbenzene sulphonate LAS (see col.33, table 2) is commonly known. Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Richards et al. with the claim 17 LAS surfactant as taught by Cramer et al. teaching that liquid detergents commonly include linear alkylbenzene sulphonate (col.20ln.25-65) with monoethanolamine (col.33,table 2) and Richards et al. teach monoethanolamine [0105] in general.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Richards et al. (US 20170198432A1) in view of Cramer et al. (US 6,863,933), Stretanski et al. (US20090203817A1), Parry et al. (WO2006002777A1) and Bacher et al. (US 5,650,509) as applied to claims 1-5 and 8-17 above further evidenced by pdfs YOUR HOUSEHOLD WATER QUALITY https://fieldreport.caes.uga.edu/wp-content/uploads/2025/08/C-858-10_4.pdf
and WHY COPPER https://www.copper.org/applications/plumbing/water_service/why_copper.html.odorous
Regarding claims 6 and 7, [0169] Richards et al. teach that all fabrics were treated with copper. However, Richards et al. is silent as to the claimed miniscule amount of at least 1 ppm of copper.
The copper water pipes of the laundry machine supplying water to the laundry machine would necessarily meet this claim language because WHY COPPER establishes the state of the art, that by the 1940s, copper became the most used material for plumbing in the developed world and YOUR HOUSEHOLD WATER QUALITY establishes the state of the art that the claimed 1ppm is within an acceptable level of copper in water 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 modify Richards et al. with the claimed at least 1ppm copper because Richards et al. exemplify elastane-containing fabric treated with copper and one of ordinary skill is apprised of the state of the art that the claimed 1ppm is within an acceptable level of copper in household water in general.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Richards et al. (US 20170198432A1) in view of Cramer et al. (US 6,863,933), Stretanski et al. (US20090203817A1), Parry et al. (WO2006002777A1) and Bacher et al. (US 5,650,509) as applied to claims 1-5 and 8-17 above further in view of Maes et al. (US 9,920,279).
Richards et al. (US 20170198432A1), Cramer et al. (US 6,863,933), Stretanski et al. (US20090203817A1), Parry et al. (WO2006002777A1) and Bacher et al. (US 5,650,509) are relied upon as set forth above.
Richards et al. do not teach new claim 18 wherein the rinsing and contacting steps of claim 1 are in an automatic washing machine. Examiner notes Richards et al. guide one of ordinary skill to washing/rinsing in a standard machine washing of garments which is well understood to be an automatic washing machine and Cramer et al. specifically teach the treatment of worn clothes in an automatic washing machine is a commonly known method in the fabric treatment art.
In the analogous art of treating fabrics, Maes et al. teach it is commonly known in the fabric treatment art that the treatment composition can be added to a wash liquor to which laundry is already present, or to which laundry is added. It may be used in an automatic washing machine operation and added directly to the drum or to the dispenser drawer. It may be used in combination with other laundry detergent compositions such as fabric softeners or stain removers. It may be used as pre-treat composition on a stain prior to being added to a wash liquor. See col.12,ln.18-27. Maes et al. teach liquid laundry compositions commonly include antioxidant (col.11,ln.50-65), linear alkylbenzene sulphonate and monoethanolamine (see col.11,ln.7). and fatty acids to reduce sudsing in an automatic laundry machine. See claim 1 and col.10,ln.35-56. Thus Maes et al. teach the same commonly known ingredients as in the prior art of record and as claimed are used in rinsing and contacting fabrics in an automatic washing machine.
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Richards et al. with the claim 18 contacting rinsing steps to occur in an automatic washing machine as required by claim 18 because Richards et al. [0080] suggest equipment with nozzles commonly used in the art can also be employed to spray in general and Maes et al. teach it is commonly known to dispense a fabric treatment composition directly to the drum or to the dispenser drawer of an automatic washing machine. One of ordinary skill is motivated to combine the references since all are in the analogous art of treating fabric.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/GREGORY R DELCOTTO/Primary Examiner, Art Unit 1761
/PREETI KUMAR/Examiner, Art Unit 1761
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