`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`17/194,437
`
`03/08/2021
`
`David Arthur STRUGIS
`
`15149CC
`
`1043
`
`THE PROCTER & GAMBLE COMPANY
`GLOBALIP SERVICES
`CENTRAL BUILDING,C9
`ONE PROCTER AND GAMBLE PLAZA
`CINCINNATI, OH 45202
`
`MERCIER. MELISSA S
`
`1615
`
`05/31/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`centraldocket.im@pg.com
`mayer.jk@pg.com
`pair_pg @firsttofile.com
`
`PTOT.-90A (Rev. 04/07)
`
`Page 1
`
`Petitioner Dr. Squatch
`Ex. 1033
`
`Page 1
`
`Petitioner Dr. Squatch
` Ex. 1033
`
`

`

`Application No.
`Applicant(s)
`17/194,437
`STRUGIS etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MELISSA S MERCIER
`1615
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6} MONTHSfrom the mailing
`date of this communication.
`IfNO period forreply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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 monthsafter the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)1) Responsive to communication(s) filled on.
`CU A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on __.
`
`2a)Z) This action is FINAL. 2b)4)This action is non-final.
`3)0 An election was made by the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporatedinto this action.
`4). Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparre Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`6)
`
`
`
`Disposition of Claims*
`1-14 is/are pending in the application.
`5)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C) Claim(s) _is/are allowed.
`Claim(s) 1-14 is/are rejected.
`Claim(s) 2,8 and 10 is/are objected to.
`O) Claim(s)__ are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you may heeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Avww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) )
`
`Application Papers
`10)C The specification is objected to by the Examiner.
`11)C) The drawing(s) filed on __is/are: a)C(] accepted or b)C) objected to by the Examiner.
`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).
`
`Priority under 35 U.S.C. § 119
`12)1.) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`cc) None of the:
`bj) Some**
`a)U) All
`1.0.) Certified copies of the priority documents have been received.
`2... Certified copies of the priority documents have been received in Application No.
`3.1 Copiesof the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`™ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s}) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13}
`
`Office Action Summary
`
`3)
`
`([] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`Part of Paper No./Mail Date 20220524
`
`Page 2
`
`Page 2
`
`

`

`Application/Control Number: 17/194,437
`Art Unit: 1615
`
`Page 2
`
`DETAILED ACTION
`
`Notice ofPre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined
`
`underthefirst inventorto file provisions of the AIA.
`
`Information Disclosure Statement
`
`Receipt of the Information Disclosure Statementsfiled on August 3, 2021;
`
`September 30, 2021; and May 18, 2022 is acknowledged. Signed copies are attached to
`
`this office action.
`
`In the IDS dated August 3, 2021 US 2011/01986786 drawn to determining
`
`trustworthiness and familiarity of users of an electronic billing and payment system and
`
`NPL documents 1-7 and 11-12 have not been considered.
`
`Claim Objections
`
`Claim 2 is objected to becauseof the following informalities: salicylic is spelled
`
`incorrectly in line 5. Appropriate correction is required.
`
`Claim 8 is objected to as being dependent upona rejected base claim, but would
`
`be allowableif rewritten in independent form includingall of the limitations of the base
`
`claim and any intervening claims. Theclosest priorart is that of Lee et al. (US
`
`2002/0086039). Lee discloses cosmetic compositions, for example antiperspirant and
`
`deodorant products that can be in the form of a stick. Lee additionally discloses
`
`components such as PPG-14 butyl ether, baking soda, dimethicone, isopropyl myristate,
`
`mineral oil, octyl dodecanol and stearyl alcohol can be includedin said sticks. Lee,
`
`Page 3
`
`Page 3
`
`

`

`Application/Control Number: 17/194,437
`Art Unit: 1615
`
`Page 3
`
`however, discloses active ingredients such as aluminum zirconium tetrachlorohydrex gly
`
`or aluminum chlorohyrate are included.
`
`Additional prior art includes Oblonget al. (US 2007/0203240). Oblong discloses
`
`personal care compositions comprising niacinamide, stearyl alcohol, dimethicone, and
`
`petrolatum. However, the composition is a moisturizing skin cream/lotion. Examples of
`
`solid antiperspirants comprise aluminum zirconium tetrachlorohydrex glycinate.
`
`Scavone (US 6,485,717) and (US 7,033,579) discloses anhydrousantiperspirant
`
`and deodorant composition comprising stearyl alcohol, niacinamide, and dimethicone,
`
`however, Scavonealso requires the use of aluminum zirconium tetrachlorohydrex
`
`glycinate.
`
`Claim 10 is objected to as being dependent upona rejected base claim, but would
`
`be allowableif rewritten in independent form includingall of the limitations of the base
`
`claim and any intervening claims. Theclosest prior art is that of Osipow et al. (US
`
`5,433,943). The teachings of Osipow are discussed below. Osipow doesnotdisclose the
`
`use of magnesium hydroxideis not disclosed, noris there any teaching within the art to
`
`indicate that magnesium hydroxide can be used in deodorant stick compositions.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form thebasis for the rejections underthis section madein this Office action:
`
`A personshall 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.
`
`Page 4
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`Page 4
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`

`

`Application/Control Number: 17/194,437
`Art Unit: 1615
`
`Page 4
`
`Claims1-7 and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated
`
`byOsipowetal. (US 5,433,943).
`
`Osipow discloses a deodorant composition.
`
`Example 1 discloses a deodorantstick composition comprising:
`
`*Calcium carbonate (antimicrobial);
`
`*Wax blend-stearyl alcohol has a melting point of 59.4-59.8 °Celsius, which
`
`meets the limitation of a primary structurants in the instant claim.
`
`*Example 1 does not disclose a secondary structurants greater than 8% having a
`
`melting pointof at least 60 Celsius.
`
`*Example 1 additionally does not disclose the use of an aluminum salt.
`
`Regarding claim 2, as noted above, Example1 discloses the use of calcium
`
`carbonate.
`
`Regarding claim 3, calcium carbonate has a water solubility of 15 mg/L, which
`
`meets the limitation of at most about 90 g/L at 25 °Celsius.
`
`Regarding claim 4, Example 1 is not disclosed as containing baking soda.
`
`Regarding claim 5, Example 1 discloses 0.5% fragrance. As noted in the instant
`
`specification, “substantially free of” is defined as “about 2% or less” (page 3).
`
`Regarding claim 6-7, Example1 is not disclosed as containingasilicone.
`
`Regarding claim 11, stearyl alcohol is present in the amountof 7.3%, it is the
`
`position of the Examinerthat 7.3% is “about” 8%.
`
`Regarding claim 12, as note above, stearyl alcohol has a melting point of 59.4-
`
`59.8 °Celsius, which meets the limitation of a primary structurants in the instant claim.
`
`Regarding claim 13, as noted above, Example 1 does not disclose a secondary
`
`structurants greater than 5% having a melting point of at least 60 °Celsius.
`
`Page 5
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`Page 5
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`

`

`Application/Control Number: 17/194,437
`Art Unit: 1615
`
`Page 5
`
`Regarding claim 14, the stick formulation is prepared by melting the waxes,
`
`mixing until homogenous,and pouring into chilled containers while being kept cold
`
`until the sticks set (column 4, lines 44-60).
`
`Since Osipow discloses the same composition as recited in the instant claims,it
`
`would necessarily also possess the sameproperties as recited, absent a showing of
`
`evidence to the contrary.
`
`Osipow,therefore, anticipates the rejected claims.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis forall
`
`obviousnessrejectionsset 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 andthe priorart 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 mannerin which the invention was made.
`
`Thefactual inquiries for establishing a backgroundfor determining obviousness
`
`under 35 U.S.C. 103 are summarized asfollows:
`
`1. Determining the scope and contentsof the priorart.
`
`2. Ascertaining the differences between the prior art and the claimsatissue.
`
`3. Resolving the level of ordinary skill in the pertinentart.
`
`4. Considering objective evidence presentin the application indicating
`
`obviousness or nonobviousness.
`
`This application currently names joint inventors. In considering patentability of
`
`the claims the examiner presumesthat the subject matter of the various claims was
`
`commonly ownedasofthe effective filing date of the claimed invention(s) absent any
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`Page 6
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`Page 6
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`

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`Application/Control Number: 17/194,437
`Art Unit: 1615
`
`Page 6
`
`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
`
`point out the inventor andeffective filing dates of each claim that was not commonly
`
`ownedasof theeffective filing date of the later invention in order for the examinerto
`
`considerthe applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
`
`prior art against the later invention.
`
`Claims1-7, 9, 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Osipowetal. (US 5,433,943).
`
`The teachings of Osipoware discussed above.
`
`Osipow does not exemplify the use of baking soda or sodium bicarbonate.
`
`Osipowdiscloses in deodorant compositions may contain sodium bicarbonate as
`
`a deodorantingredient (column4,lines 6-7).
`
`It would have been obviousto one of ordinary skill in the art prior to the effective
`
`filing date of the invention to have used any of the recited deodorant ingredients
`
`disclosed since they are disclosed as being functional equivalents to each other by
`
`Osipow.Therefore, the skilled artisan would expect the deodorantstick to skill function
`
`as claimed.
`
`Double Patenting
`
`A rejection based on double patenting of the “same invention”typefindsits
`
`support in the language of 35 U.S.C. 101 whichstates that “whoever invents or discovers
`
`any new anduseful process... may obtain a patent therefor...” (Emphasis added). Thus,
`
`the term “same invention,” in this context, means an invention drawn to identical
`
`subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d
`
`Page 7
`
`Page 7
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`

`

`Application/Control Number: 17/194,437
`Art Unit: 1615
`
`Page 7
`
`438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA
`
`1957).
`
`A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by
`
`canceling or amending the claims that are directed to the same invention so they are no
`
`longer coextensive in scope. Thefiling of a terminal disclaimer cannot overcome a
`
`double patenting rejection based upon 35 U.S.C.101.
`
`Claim8is directed to the same invention as that of claim 1 of commonly assigned
`
`10,543,164. Under 35 U.S.C. 101, more than one patent maynot be issued on the same
`
`invention.
`
`The USPTO maynotinstitute a derivation proceeding in the absence of a timely
`
`filed petition. The U.S. Patent and Trademark Office normallywill not institute a
`
`derivation proceeding between applications or a patent and an application having
`
`common ownership (see 37 CFR 42.411). The applicant should amendor cancel claims
`
`such that the reference and the instant application no longer contain claimsdirected to
`
`the same invention.
`
`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 notidentical, but at
`
`least one examinedapplication 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
`
`Page 8
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`Page 8
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`

`

`Application/Control Number: 17/194,437
`Art Unit: 1615
`
`Page 8
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`USPQed 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 overcomean actual or provisional rejection based on nonstatutory
`
`double patenting provided the reference application or patent either is shown to be
`
`commonly ownedwith the examinedapplication, 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 underthe first inventortofile
`
`provisions of the AIA as explained in MPEP § 2159. See MPEP§ 2146 etseq. for
`
`applications not subject to examination underthefirst inventorto file provisions of the
`
`AIA.A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
`
`The USPTO Internet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/patent/patents-forms. Thefiling 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 maybefilled out completely online using web-screens. An eTerminal
`
`Disclaimer that meetsall requirements is auto-processed and approved immediately
`
`upon submission. For more information about eTerminal Disclaimers, refer to
`
`www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
`
`Claims1-14 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-15 of U.S. Patent No. 10,966,915. Although the claims at
`
`issue are notidentical, they are not patentably distinct from each other because the
`
`Page 9
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`Page 9
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`

`

`Application/Control Number: 17/194,437
`Art Unit: 1615
`
`Page 9
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`instant and patented claims are drawn to deodorantsticks comprising an antimicrobial
`
`agent, a primary structurants having a melting pointof at least 50 ° Celsius, and being
`
`free of an aluminum salt in the independentclaim while additional limitations including
`
`secondary structurants, and liquid triglyceride componentsare recited in dependent
`
`claims.
`
`Claims1-7 and 9-14 are rejected on the groundof nonstatutory double patenting
`
`as being unpatentable over claims 1-15 of U.S. Patent No. 10,543,164. Although the
`
`claims at issue are notidentical, they are not patentably distinct from each other
`
`because the instant and patented claims are drawn to deodorantsticks comprising an
`
`antimicrobial agent, a primary structurants having a melting pointof at least 50 °
`
`Celsius, and being free of an aluminum salt in the independentclaim while additional
`
`limitations including secondarystructurants, and liquid triglyceride components are
`
`recited in dependentclaims.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MELISSA S MERCIER whose telephone numberis
`
`(571)272-9039. The examiner can normally be reached M-F 5:30 am to 4 pm EST.
`
`Examinerinterviewsare available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
`
`Page 10
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`Page 10
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`

`

`Application/Control Number: 17/194,437
`Art Unit: 1615
`
`Page 10
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`If attempts to reach the examiner by telephoneare unsuccessful, the examiner’s
`
`supervisor, Robert Wax can be reached on 571-272-0623. The fax phone numberfor the
`
`organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may
`
`be obtained from Patent Center. Unpublished application information in Patent Center
`
`is available to registered users. To file and manage patent submissions in Patent Center,
`
`visit: https://patentcenter.uspto.gov. Visit
`
`https: //www.uspto.gov/patents/apply/patent-center for more information about Patent
`
`Center and https://www.uspto.gov/patents/docx for information aboutfiling in DOCX
`
`format. For additional questions, contact the Electronic Business Center (EBC) at 866-
`
`217-9197 (toll-free). If you would like assistance from a USPTO CustomerService
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/MELISSA S MERCIER/
`Primary Examiner, Art Unit 1615
`
`Page 11
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`Page 11
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`

`

`Appl. No. 17/194437
`Docket No. 15149CC
`Reply to Office Action mailed on May31, 2022
`Responsefiled July 26, 2022
`Customer No. 27752
`
`AMENDMENTS TO THE CLAIMS
`
`The following listing of claims replaces all prior versions andlistings of the
`
`claims in the application.
`
`Whatis claimedis:
`
`1.
`
`(Currently Amended) A deodorantstick comprising:
`
`a.
`
`b.
`
`at least one antimicrobial_comprising magnesium hydroxide; and
`
`a primary structurant with a melting point of at least about 50°C; and
`
`
`
`said stick being free of an aluminum salt; and
`
`said stick having a hardness from about 80 mm*10 to about 140 mm*10, as
`
`measured by penetration with ASTM D-1321 needle.
`
`(Cancelled)
`
`(Original) The deodorant stick of claim 1, wherein the antimicrobial is a powder
`
`with a water solubility of al most about 90 g/L at 25°C.
`
`(Original) The deodorant stick of claim 1, wherein the deodorant stick is
`
`substantially free of baking soda.
`
`(Original) The deodorant stick of claim 1, wherein the deodorant stick is
`
`substantially free of a synthetic fragrance.
`
`(Original) The deodorant stick of any claim 1, wherein the deodorant stick is
`
`substantially [ree ofsilicones.
`
`Page 2 of 5
`
`Page 12
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`Page 12
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`

`

`Appl. No. 17/194437
`Docket No. 15149CC
`Reply to Office Action mailed on May31, 2022
`Responsefiled July 26, 2022
`Customer No. 27752
`
`(Original) The deodorant stick of claim 1, wherein the deodorant stick comprises
`
`from 0% to 5%silicones.
`
`(Original) The deodorantstick of claim 1, comprising at least about 25% ofa liquid
`
`triglyceride.
`
`(Currently Amended) The deodorantstick of claim 1, wheretn-further comprising
`
`an additional the-antimicrobial comprisinges baking soda.
`
`(Cancelled)
`
`(Original) The deodorantstick of claim 1, wherein the stick comprises from about
`
`8% to about 20% of the primary structurant.
`
`(Original) The deodorant stick of claim 1, wherein the primary structurant has a
`
`melting point [rom about 50°C to 75°C.
`
`(Original) The deodorant stick of claim 1, comprising less than 5% of secondary
`
`structurants having a melting point above 60°C.
`
`(Original) A method of making the deodorantstick of claim 1, comprising the steps
`
`of combining the deodorant components in an open tank system, mixing the
`
`components, heating the components, and cooling the components.
`
`(New) The deodorantstick of claim 1, further comprising less than 8% of secondary
`
`structurants having a melting point at least about 60°C.
`
`(New) The deodorant stick of claim 1, wherein the primary structurant is stearyl
`
`alcohol.
`
`(New) The deodorantstick of claim 1, further comprising shea butter.
`
`(New) The deodorantstick of claim 1, further comprising tapioca starch.
`
`10.
`
`11.
`
`12.
`
`14.
`
`15.
`
`16.
`
`18.
`
`Page 3 of 5
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`Page 13
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`Page 13
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`

`

`Appl. No. 17/194437
`Docket No. 15149CC
`Reply to Office Action mailed on May31, 2022
`Responsefiled July 26, 2022
`Customer No. 27752
`
`REMARKS
`
`Claim Status
`
`Claims 1-14 are pending in the present application. No additional claims fee is
`
`believed to be due.
`
`Claim 1 is amended to state that the deodorant stick comprises an antimicrobial
`
`comprising magnesium hydroxide and to remove the limitation regarding secondary
`
`structurants. Claim 9 is amended and new claims 15-18 are added. Claim 2 and 10 are
`
`cancelled.
`
`Applicants submit that these changes do not involve any introduction of new matter.
`
`Consequently, entry of these changesis believed to be in order and is respectfully requested.
`
`Claim Objections
`
`Claims 2, 8 and 10 are objected to. Claims 2 and 10 are now cancelled, rendering
`
`the objections moot. Due to amendments, Applicants respectfully request that the objection
`
`to Claim 8 be withdrawn.
`
`Rejection Under 35 U.S.C. § 102(a)(1) (AJA) Over Osipow et al. (US 5,433,943).
`
`Claims 1-7 and 11-14 are rejected under 35 U.S.C. § 102(a)(1) (ATA) as being
`
`anticipated by Osipowetal.
`
`
`Rejection Under 35 U.S.C.§103 (ATA) Over Osipow et al.
`
`Claims 1-7, 9, and 11-14 are rejected under 35 U.S.C. § 103 (AIA) as being
`
`unpatentable over Osipowetal.
`
`Applicants have amended Claim1 to state that the deodorant stick comprises an
`
`antimicrobial comprising magnesium hydroxide and to removethe limitation regarding
`
`secondarystructurants. As noted in the Office Action, Osipow does not disclose or teach
`Page 4 of 5
`
`Page 14
`
`Page 14
`
`

`

`Appl. No. 17/194437
`Docket No. 15149CC
`Reply to Office Action mailed on May31, 2022
`Responsefiled July 26, 2022
`Customer No. 27752
`
`the use of magnesium hydroxide in deodorant stick compositions. Thus, Osipow does not
`
`anticipate the present invention, nor make it obvious. Applicants respectfully request that
`
`the rejections be withdrawn.
`
`
`Non-Statutory Double-Patenting Rejection
`
`Claims 1-14 are rejected on the ground of non-statutory obviousness-type double
`
`patenting over claims 1-15 of U.S. Patent No. 10,966,915.
`
`Claims 1-7 and 9-14 are rejected on the ground of non-statutory obviousness-type
`
`double patenting over claims l-15 of U.S. Patent No. 10,543,164.
`
`Applicants are submitting a terminal disclaimer over U.S. Patents 10,966,915 and
`
`10,543,164 and respectfully request that the rejections be withdrawn.
`
`Conclusion
`
`This response represents an earnest effort to place the present application in proper
`
`form and to distinguish the invention as claimed from the applied references.
`
`In view of
`
`the foregoing,
`
`the Applicant respectfully requests the Examiner to reconsider this
`
`application, and allow the pending claims.
`
`Respectfully submitted,
`
`THE PROCTER & GAMBLE COMPANY
`
`By
`
`/Kathleen Y. Carter/
`
`Signature
`
`Kathleen Y. Carter
`
`Registration No. 60583
`
`(513) 983-2114
`
`Date: July 26, 2022
`
`Customer No. 27752
`
`Page 5 of 5
`
`Page 15
`
`Page 15
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`Application No.
`
`Inventor(s)
`
`Filed
`
`Art Unit
`
`Examiner
`
`Docket No.
`
`Confirmation No.
`
`Customer No.
`
`Title
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`17/194,437
`
`David Arthur STRUGIS
`
`March 08, 2021
`
`1615
`
`Melissa S Mercier
`
`15149CC
`
`1043
`
`27752
`
`DEODORANT COMPOSITIONS
`
`TERMINAL DISCLAIMER TO OBVIATE A DOUBLE PATENTING
`
`REJECTION OVER A PRIOR PATENT
`
`The applicant, The Procter & Gamble Company, owner of 100 percent interest in
`the instant application hereby disclaims, except as provided below,the terminal part of the
`
`statutory term of any patent granted on the instant application which would extend beyond
`
`the expiration date of the full statutory term of prior Patent No. 10,966,915 (P&G Case No.
`
`15149C) and Patent No. 10,543,164 (P&G Case No. 15149) as the term of said prior patent
`is presently shortened by any terminal disclaimer. The applicant hereby agrees that any
`patent so granted on the instant application shall be enforceable only for and during such
`
`period that it and the prior patent are commonly owned. This agreement runs with any
`
`patent granted on the instant application and is binding uponthe grantee,its successors or
`
`assigns.
`
`In making the abovedisclaimer, the applicant does not disclaim the terminal part of
`
`the term of any patent granted on the instant application that would extend to the expiration
`
`date of the full statutory term of the prior patent, as the term of said prior patent is presently
`
`shortened by any terminal disclaimer, in the event that said prior patent later: expires for
`failure to pay a maintenance fee, is held unenforceable, is found invalid by a court of
`
`competent jurisdiction, is statutorily disclaimed in whole or terminally disclaimed under
`37 C.F.R. $1.321, has all claims cancelled by a reexamination certificate, is reissued, or is
`in any manner terminated prior to the expiration of its full statutory term as presently
`
`shortened by any terminal disclaimer.
`
`Page 16
`
`Page 16
`
`

`

`Appl. No. 17/194437
`Docket No. 15149CC
`Paper dated July 26, 2022
`Reply to Office Action mailed on May 31, 2022
`
`Authorization is given to charge Deposit Account No. 16-2480 for the fee required
`
`under 37 C.F.R. §1.20 (d) for submission of this Terminal Disclaimer.
`
`I hereby acknowledge that any willful false statements made are punishable under
`18 U.S.C. 1001 by fine or imprisonment of not more than five (5) years, or both.
`
`The undersigned is an attorney or agentofrecord.
`
`Respectfully Submitted,
`
`THE PROCTER & GAMBLE COMPANY
`
`Date: July 26, 2022
`Customer No. 27752
`
`By
`
`_/Kathleen Y. Carter/
`Kathleen Y. Carter
`Registration No. 60583
`(513) 983-2114
`
`bo
`
`Page 17
`
`Page 17
`
`

`

`
`Application Number
`Application/Control No.
`Applicant(s)/Patent under
`* 17/194.437 *
`
`Examiner
`
`fieroreaucussasfoes]
`
`STRUGIS et al.
`Art Unit
`
`_ 17/194,437
`
`Document Code - DISQ
`
`Internal Document - DO NOT MAIL
`
`Telephone: (571)272-6074
`
`TERMINAL
`DISCLAIMER
`
`APPROVED
`
`O DISAPPROVED
`
`Date Filed:
`
`26 July 2022
`
`This patent is subject
`to a Terminal
`Disclaimer
`
`Approved/Disapprovedby:
`
`/LAWANA R HIXON/
`
`Technology Center: OPLC
`
`reSRW and Trademark Office
`
`Terminal Disclaimer
`
`Part of Paper No. 20220727
`
`Page 18
`
`Page 18
`
`

`

`Appl. No. 17/194437
`Docket No. 15149CC
`Reply to Office Action mailed on May31, 2022
`Supplemental Responsefiled July 28, 2022
`Customer No. 27752
`
`AMENDMENTS TO THE CLAIMS
`
`The following listing of claims replaces all prior versions andlistings of the
`
`claims in the application.
`
`Whatis claimedis:
`
`1.
`
`(Currently Amended) A deodorantstick comprising:
`
`a.
`
`b.
`
`at least one antimicrobial_comprising magnesium hydroxide; and
`
`a primary structurant with a melting point of at least about 50°C; and
`
`
`
`said stick being free of an aluminum salt; and
`
`said stick having a hardness from about 80 mm*10 to about 140 mm*10, as
`
`measured by penetration with ASTM D-1321 needle.
`
`(Cancelled)
`
`(Original) The deodorant stick of claim 1, wherein the antimicrobial is a powder
`
`with a water solubility of al most about 90 g/L at 25°C.
`
`(Original) The deodorant stick of claim 1, wherein the deodorant stick is
`
`substantially free of baking soda.
`
`(Original) The deodorant stick of claim 1, wherein the deodorant stick is
`
`substantially free of a synthetic fragrance.
`
`(Original) The deodorant stick of any claim 1, wherein the deodorant stick is
`
`substantially [ree ofsilicones.
`
`Page 2 of 6
`
`Page 19
`
`Page 19
`
`

`

`Appl. No. 17/194437
`Docket No. 15149CC
`Reply to Office Action mailed on May31, 2022
`Supplemental Responsefiled July 28, 2022
`Customer No. 27752
`
`(Original) The deodorant stick of claim 1, wherein the deodorant stick comprises
`
`from 0% to 5%silicones.
`
`(Original) The deodorantstick of claim 1, comprising at least about 25% ofa liquid
`
`triglyceride.
`
`(Currently Amended) The deodorantstick of claim 1, wheretn-further comprising
`
`an additional the-antimicrobial comprisinges baking soda.
`
`(Cancelled)
`
`(Original) The deodorantstick of claim 1, wherein the stick comprises from about
`
`8% to about 20% of the primary structurant.
`
`(Original) The deodorant stick of claim 1, wherein the primary structurant has a
`
`melting point [rom about 50°C to 75°C.
`
`(Original) The deodorant stick of claim 1, comprising less than 5% of secondary
`
`structurants having a melting point above 60°C.
`
`(Original) A method of making the deodorantstick of claim 1, comprising the steps
`
`of combining the deodorant components in an open tank system, mixing the
`
`components, heating the components, and cooling the components.
`
`(New) The deodorantstick of claim 1, further comprising less than 8% of secondary
`
`structurants having a melting point at least about 60°C.
`
`(New) The deodorant stick of claim 1, wherein the primary structurant is stearyl
`
`alcohol.
`
`(New) The deodorantstick of claim 1, further comprising shea butter.
`
`(New) The deodorantstick of claim 1, further comprising tapioca starch.
`
`10.
`
`11.
`
`12.
`
`14.
`
`15.
`
`16.
`
`18.
`
`Page 3 of 6
`
`Page 20
`
`Page 20
`
`

`

`Appl. No. 17/194437
`Docket No. 15149CC
`Reply to Office Action mailed on May31, 2022
`Supplemental Responsefiled July 28, 2022
`Customer No. 27752
`
`19.
`
`(New) The deodorant stick of claim 1, comprising at least about 25% caprylic /
`
`capric triglyceride.
`
`20,
`
`(New) The deodorant stick of claim 1, comprising at least about 25% of a
`
`triglyceride.
`
`Page 4 of 6
`
`Page 21
`
`Page 21
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`WwWW.USpLO.gov
`
`NOTICE OF ALLOWANCEANDFEE(S) DUE
`.
`10/20/2022
`7590
`27752
`THE PROCTER & GAMBLE COMPANY
`GLOBALIP SERVICES
`CENTRAL BUILDING, C9
`ONE PROCTER AND GAMBLE PLAZA
`CINCINNATI, OH 45202
`
`1615
`DATE MAILED: 10/20/2022
`
`MERCIER, MELISSA S$
`
`PAPER NUMBER
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATIONNO.
`
`17/194.437
`
`03/08/2021
`
`David Arthur STRUGIS
`
`15149CC
`
`1043
`
`TITLE OF INVENTION: DEODORANT COMPOSITIONS
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`UNDISCOUNTED
`
`$1200
`
`$0.00
`
`$0.00
`
`$1200
`
`01/20/2023
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITSIS CLOSED. THIS NOTICE OF ALLOWANCEIS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROMISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THEISS