UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`16/072,152
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`07/23/2018
`
`Ryousuke KAWAGUCHI
`
`HOKUP0383WOUS
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`2445
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`YU~ HONG
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`ART UNIT
`1612
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`08/29/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`ipdoeket@rennerotto.eom
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`PTOL-90A (Rev. 04/07)
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`

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`0,7709 A0170” Summary
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`Application No.
`16/072,152
`Examiner
`HONG YU
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`Applicant(s)
`KAWAGUCHI et al.
`Art Unit
`AIA (FITF) Status
`1612
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
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`Status
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`1). Responsive to communication(s) filed on 06/21/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) C] This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10)[:] The specification is objected to by the Examiner.
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`11)[:] The drawing(s) filed on
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`is/are: a)D accepted or b)l:] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
`12):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)D All
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`b)I:l Some**
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`c)C] None of the:
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`1.[:] Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) C] Notice of References Cited (PTO-892)
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`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190826
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`

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`Application/Control Number: 16/072,152
`Art Unit: 1612
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`Page 2
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`DETAILED ACTION
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`Status of claims
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`New claims 5-7 have been added. Claims 1-7 are under examination in the
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`instant office action.
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`Rejections withdrawn
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`Applicant’s amendments and arguments filed on 06/21/2019 are acknowledged
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`and have been fully considered. Any rejection and/or objection not specifically
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`addressed below is herein withdrawn. Applicant’s amendments have overcome the 35
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`U.S.C. 102(a)(1) rejection of claims 1 and 2 over Okada (US 2005/0265940 A1) and 35
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`U.S.C. 103(a) rejection of claims 3 and 4 over Okada (US 2005/0265940 A1) from the
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`previous Office Action. The following rejections and/or objections are either reiterated or
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`newly applied. They constitute the complete set of rejections and/or objections
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`presently being applied to the instant application.
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`

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`Application/Control Number: 16/072,152
`Art Unit: 1612
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`Page 3
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`New ground of reiections necessitated by Applicant’s amendment
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`The amendments necessitate the following new ground of rejection. The text of the
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`section of Title 35, U.S. Code not included in this action can be found in a prior Office
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`action.
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`Claims 1-7 are rejected under 35 us. C. 103(a) as being unpatentable over
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`Sawai et al. (JP 2004035461 A).
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`Applicant’s claims
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`Applicants claim a deodorizer comprising zinc oxide; an organic acid comprising
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`at least one of glycine, etc.; an aqueous solvent; and an amphoteric surfactant having
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`one of a carboxylate group or a carboxyl group (see claim 1).
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`Claims 3-5 recite the amphoteric surfactant being having same numbers of
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`monovalent cation and monovalent anion within molecule and being lauryl dimethyl
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`amino acetic acid betaine.
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`Claim 5-7 recite the organic acid comprising glycine, alanine, and sarcosine.
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`Determination of the Scope and Content of the Prior Art
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`(MPEP 2141.01)
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`Sawai et al. teach odorproof deodorants for skin comprising a deodorant such as
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`ZnO (paragraph 25), amino acid such as glycine, alanine, valine, leucine, etc.,
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`(paragraph 15), and amphoteric surfactant such as lauryl dimethyl amino acetic acid
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`betaine (paragraph 21) and exemplified liquid compositions comprising water
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`(paragraph 30).
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`Ascertainment of the Difference between Scope of the Prior Art and the Claims
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`MPEP 2141.02)
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`

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`Application/Control Number: 16/072,152
`Art Unit: 1612
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`Page 4
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`Okada does not specify the amino acid including sarcosine.
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`This deficiency is cured by the rational that homologs differing only in the
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`substitution of hydrogen with methyl, are prima facie obvious.
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`Finding of Prima Facie Obviousness Rational and Motivation
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`(MPEP 2142-2143)
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`It would have been prima facie obvious to one of ordinary skill in the art at the
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`time the invention to replace H- on the —NH2 in glycine with CH3 to form sarcosine.
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`Homologs differing only in the substitution of hydrogen with methyl, are prima facie
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`obvious, and require no secondary teaching. An obviousness rejection based on
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`similarity in chemical structure and function entails the motivation of one skilled in the
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`art to make a claimed compound, in the expectation that compounds similar in structure
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`will have similar properties. Please refer to MPEP 2144.09 ll:
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`Compounds which are position isomers (compounds having the same radicals in
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`physically different positions on the same nucleus) or homologs (compounds differing
`regularly by the successive addition of the same chemical group, e.g., by -CH2— groups)
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`are generally of sufficiently close structural similarity that there is a presumed
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`expectation that such compounds possess similar properties. In re Wilder, 563 F.2d
`457, 195 USPQ 426 (CCPA 1977). See also In re May, 574 F.2d 1082, 197 USPQ 601
`(CCPA 1978) (stereoisomers prima facie obvious).
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`Response to Applicants’ arguments:
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`Applicant’s arguments, filed on 06/21/2019, have been fully considered but they
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`are moot in view of new ground of rejections.
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`Respectfully, applicants’ arguments are not persuasive. The predictable and
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`expected result of the claimed composition remains predictable and expected in the
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`

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`Application/Control Number: 16/072,152
`Art Unit: 1612
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`Page 5
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`absence of evidence to the contrary. Accordingly, the claims remain rejected for at least
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`these reasons and the reasons of record.
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`Conclusion
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`No claims are allowed.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to HONG YU whose telephone number is (571 )270-1 328.
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`The examiner can normally be reached on 9 am - 5:30 pm.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`

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`Application/Control Number: 16/072,152
`Art Unit: 1612
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`Page 6
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`interview, Applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Frederick Krass can be reached on 571 -272-0580. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
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`/HONG YU/
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`Primary Examiner, Art Unit 1612
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`