IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`Application No.
`
`Inventor(s)
`
`Filed
`
`Art Unit
`
`Examiner
`
`Docket No.
`
`Confirmation No.
`
`Customer No.
`
`Title
`
`:
`
`:
`
`:
`
`:
`
`17/961,089
`
`David Arthur Sturgis
`
`October 6, 2022
`
`Not yet assigned
`
`Not yet assigned
`
`15150CC
`
`6536
`
`27752
`
`ANTIPERSPIRANT AND DEODORANT COMPOSITIONS
`
`PRELIMINARY AMENDMENT UNDER37 C.F.R. § 1.115
`
`INTRODUCTORY REMARKS
`
`The Director is hereby authorized to charge all required fees (including any extension of
`
`time fees) and to credit any overpayments in this and any concurrent or future correspondenceto
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`Deposit Account No. 16-2480.
`
`Please amend the above-identified application as follows:
`
`Amendments to the Claims begin on page 2 of this paper.
`
`Remarks begin on page 5 ofthis paper.
`
`Page1
`
`Petitioner Dr. Squatch
`Ex. 1034
`
`Petitioner Dr. Squatch
` Ex. 1034
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`Page 1
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`

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`Appl. No. 17/961,089
`Docket No. 15150CC
`Amdt. dated April 11, 2023
`Customer No. 27752
`
`AMENDMENTS TO THE CLAIMS
`
`The followinglisting of claims replaces all prior versions andlistings of the claims in the
`
`application:
`
`Listing of Claims:
`
`1. (Original) A deodorant stick comprising:
`a. at least about 25% caprylic / capric triglyceride;
`b. a primary antimicrobial having a water solubility of at most about 90 g/L at 25° C; and
`said deodorant stick being free of an aluminum salt.
`
`2. (Orginal) The deodorantstick of claim 1, wherein the primary antimicrobial is selected from
`
`the group consisting of beryllium carbonate, magnesium carbonate, calcium carbonate, magnesium
`
`hydroxide, magnesium carbonate hydroxide, magnesium hydroxide and magnesium carbonate
`
`hydroxide, partially carbonated magnesium hydroxide, and piroctone olamine.
`
`3. (Original) The deodorant stick of claim 1, wherein the primary antimicrobial is magnesium
`
`hydroxide.
`
`4. (Currently Amended) The deodorant stick of claim 1, further comprising a prHRar+structurant
`with a melting point of at least about 50° Celsius.
`
`5. (Currently Amended) The deodorantstick of claim 4, wherein the primary-structurant is steary]
`
`alcohol.
`
`6. (Original) The deodorant stick of claim 1, wherein the deodorant stick is substantially free of
`
`baking soda.
`
`7. (Original) The deodorant stick of claim 1, wherein the deodorant stick is substantially free of a
`
`synthetic fragrance.
`
`8. (Original) The deodorant stick of claim 1, wherein the deodorant stick has a hardness from about
`
`70 mm*10 to about 140 mm*10, as measured by penetration with ASTM D-1321 needle.
`
`Page 2 of 5
`Page 2
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`Page 2
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`

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`Appl. No. 17/961,089
`Docket No. 15150CC
`Amdt. dated April 11, 2023
`Customer No. 27752
`
`9, (Original) The deodorantstick of claim 1, wherein the deodorantstick has ahardness from about
`
`80 mm*10 to about 140 mm*10, as measured by penetration with ASTM D-1321 needle.
`
`10. (Original) The deodorantstick of claim 1, further comprising a natural fragrance.
`
`11. (Original) A deodorant stick comprising:
`
`a. at least about 25% of a triglyceride;
`
`b. a primary antimicrobial having a water solubility of at most about 90 g/L at 25° C; and
`said deodorant stick being free of an aluminum salt.
`
`12. (Original) The deodorant stick of claim 11, wherein the primary antimicrobial is selected from
`
`the group consisting of beryllium carbonate, magnesium carbonate, calcium carbonate, magnesium
`
`hydroxide, magnesium carbonate hydroxide, magnesium hydroxide and magnesium carbonate
`
`hydroxide, partially carbonated magnesium hydroxide, and piroctone olamine.
`
`13. (Original) The deodorant stick of claim 11, wherein the primary antimicrobial is magnesium
`
`hydroxide.
`
`14. (Currently Amended) The deodorantstick of claim 11, further comprising a prHReRH
`structurant with a melting point of at least about 50° Celsius.
`
`15. (Currently Amended) The deodorant stick of claim 14, wherein the primarstructurant is
`
`stearyl alcohol.
`
`16. (Original) The deodorantstick of claim 11, wherein the deodorantstick is substantially free of
`
`baking soda.
`
`17. (Original) The deodorantstick of clatm 11, wherein the deodorantstick is substantially free of
`
`a synthetic fragrance.
`
`18. (Original) The deodorant stick of claim 11, wherein the deodorant stick has a hardness from
`
`about 70 mm*10 to about 140 mm*10, as measured by penetration with ASTM D-1321 needle.
`
`Page 3 of 5
`Page 3
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`Page 3
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`

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`Appl. No. 17/961,089
`Docket No. 15150CC
`Amdt. dated April 11, 2023
`Customer No. 27752
`
`19. (Original) The deodorant stick of claim 11, wherein the deodorant stick has a hardness from
`
`about 80 mm*10 to about 140 mm*10, as measured by penetration with ASTM D-1321 needle.
`
`20. (Original) The deodorantstick of claim 11, further comprising a natural fragrance.
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`Page 4 of 5
`Page 4
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`Page 4
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`

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`www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/961,089
`
`10/06/2022
`
`David Arthur STURGIS
`
`15150CC
`
`6536
`
`THE PROCTER & GAMBLE COMPANY
`GLOBALIP SERVICES
`CENTRAL BUILDING, C9
`ONE PROCTER AND GAMBLE PLAZA
`
`CINCINNATI, OH 45202
`
`MERCIER, MELISSA S
`
`1615
`
`07/03/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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
`
`PTOL-90A (Rev. 04/07)
`
`Page 5
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`Page 5
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`

`

`
`
`Disposition of Claims*
`1-20 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-20 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C} Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`“If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)C2 The specification is objected to by the Examiner.
`11)C) The drawing(s) filed on
`is/are: a)(] accepted or b)(_) 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 ofthe:
`b)J Some**
`a)D All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin 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
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`age
`
`Part of Paper No./Mail Date 20230419
`
`Application No.
`Applicant(s)
`17/961,089
`STURGIS etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MELISSA S MERCIER
`1615
`Yes
`
`
`
`-- The MAILING DATEof this 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.
`If NO period for reply 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 months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)C Responsive to communication(s) filed on
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)C) This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Page 6
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`

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`Application/Control Number: 17/961,089
`Art Unit: 1615
`
`Page 2
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`DETAILED ACTION
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`Notice ofPre-AIA or AIA Status
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`Thepresent application,filed on or after March 16, 2013, is being examined
`
`underthefirst inventorto file provisions of the AIA.
`
`Summary
`
`Receipt of the Preliminary Amendmentfiled on April 11, 2023 is acknowledged.
`
`Claims 1-20 are pending in this application. Claims 4-5 and 14-15 have been amended.
`
`All pending claims are under examination.
`
`Information Disclosure Statement
`
`Receipt of the Information Disclosure Statements filed on November11, 2022;
`
`January 5, 2023; and April 19, 2023 is acknowledged. Signed copies are attachedto this
`
`office action. Itis noted that NPL entries 2-9 on the IDS dated November11, 2022 and
`
`NPL enter 1 on the IDS dated January 5, 2023 have not been considered. Applicant’s
`
`attention is directed to MPEP 609. Specific documents of each application cited must be
`
`referenced, for example the Non-final office action dated XX/XX/XXXX;or Finaloffice
`
`action dated XX/XX/XXXX.
`
`Claim Rejections - 35 USC § 102
`
`Thefollowingis a quotation of the appropriate paragraphsof 35 U.S.C. 102 that
`
`form the basis for the rejections under this section madein this Office action:
`
`A person shallbe entitled toa patent unless —
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`Page 7
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`Page 7
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`

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`Application/Control Number: 17/961,089
`Art Unit: 1615
`
`Page 3
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`(a)(1) the claimed invention waspatented, described in a printed publication, or in public use,
`on sale, or otherwise available tothe public before theeffective filing date of theclaimed
`invention.
`
`Claims 1, 4, 6-11, 14, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by Lesniak et al. (WO 2016/048425), as evidenced by Zinc Oxide, The
`
`Original Tom’s of Maine, accessed online June 28,2023).
`
`Lesniak discloses a non-greasy personal care composition.
`
`The anhydrous composition comprises:
`
`20 weight % zinc oxide; and
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`53 weight % caprylic/capric triglyceride (paragraph 0039).
`
`It is noted that zinc oxide, an antimicrobial agent having deodorant properties,
`
`is
`
`considered insoluble in water, thereby meeting “having a watersolubility of at most
`
`about 90 g/Lat 25° Celsius.”, as evidenced by Tom’s of Maine.
`
`The composition is in stick form (paragraph 0040).
`
`The composition is not disclosed to contain an aluminumsalt.
`
`Regarding claims 4 and 14, 15 weight % beeswaxis disclosed (paragraph 0039). It
`
`is noted that beeswax hasa melting point of 62-65 ° Celsius. According to the instant
`
`specification on pages 19-20 discloses the structurants provide suspending,gelling,
`
`viscosifying, solidifying, and/or thickening properties. Beeswaxis disclosed as an
`
`example. Additional waxes include candelilla wax, bayberry wax,castoroil, sunflower
`
`oil, carnauba wax,rice bran wax, and combinations thereof (paragraph 0007-0008).
`
`Regarding claims 6 and 16, the composition is not disclosed to contain baking
`
`soda.
`
`Regarding claims 7 and 17, the composition is not disclosed to contain a synthetic
`
`fragrance.
`
`Page 8
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`Page 8
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`

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`Application/Control Number: 17/961,089
`Art Unit: 1615
`
`Page 4
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`Regarding claim 8- 9 and 18-19, according to the specification 18-19, a deodorant
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`stick having at least 25% of a liquid triglyceride and structurants having a melting point
`
`greater than about 50° Celsius can result in a deodorantstick with a hardness from
`
`about 70 mm * 10 to about 140 mm * 10. Since Lesniak’s composition anticipates the
`
`cited components, it would also necessarily possess the claimed hardness as recited in
`
`the instant claims.
`
`Regarding claims 10 and 20,natural fragrances including lavenderoil, apricot oil,
`
`bayoil, for example, as disclosed for inclusion (paragraph 0088).
`
`Applicant’s attention is directed to MPEP 2112.01(1) which discloses where the
`
`claimed and prior art products are identical or substantially identical in structure or
`
`composition, or are produced by identical or substantially identical processes, a prima
`
`facie case of etther anticipation or obviousness has been established. In re Best, 562
`
`Fled 1252, 1255, 195 USPG 420, 443 (COPA19773.
`
`Lesniak, therefore, anticipates the rejected claims.
`
`Claim Rejections - 35 USC § 103
`
`The followingis a quotation of 35 U.S.C. 103 which forms thebasisforall
`
`obviousnessrejections set forth in this Office action:
`
`A patentfor a claimed invention may notbe obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention andtheprior art are such that the claimed invention asa whole would have
`been obvious before the effective filing date of the claimed invention toa person having
`ordinary skillin the art to which the claimed invention pertains. Patentability shall not be
`negatedby them annerin which theinvention was made.
`
`The factual inquiries for establishing a backgroundfor determining obviousness
`
`under 35 U.S.C. 103 are summarizedas follows:
`
`1. Determining the scope and contentsof the priorart.
`
`Page 9
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`Page 9
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`Application/Control Number: 17/961,089
`Art Unit: 1615
`
`Page5
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`2. Ascertaining the differences between the prior art and the claimsat issue.
`
`3. Resolving thelevel of ordinary skill in the pertinentart.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`Claims 1-4, 6-14, and 16-20 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Lesniak et al. (WO 2016/048425), as evidenced by Zinc Oxide, The
`
`Original Tom’s of Maine, accessed online June 28,2023), in view of Park et al. (EP 0 471
`
`392 A2).
`
`The teaching of Lesniak are discussed above.
`
`Lesniak does not disclose the use of magnesium hydroxide.
`
`Park discloses a propellent free deodorant composition suitable for topical
`
`application to human skin which comprises an effective amount of a deodorant chosen
`
`from salts or oxides of zinc or magnesium, whichare sparingly soluble in water
`
`(abstract).
`
`The composition is in the form ofa solid composition in stick form (page 2, lines
`
`4-5).
`
`Regarding claims 2-3 and 12-13, Examples of suitable salts or oxides include zinc
`
`oxide, magnesium carbonate, and magnesium hydroxide (page 2, lines 35-58).
`
`It would have been obvious to one of ordinary skill in the art prior to the effective
`
`filing date of the invention to have substituted the zinc oxide disclosed by Lesniak for
`
`the magnesium hydroxide disclosed by Park since they are disclosed as functional
`
`equivalents.
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`Page 10
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`Page 10
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`

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`Application/Control Number: 17/961,089
`Art Unit: 1615
`
`Page 6
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`Claims 1, 4-11, 14-15, and 16-20 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Lesniak et al. (WO 2016/048425), as evidenced by Zinc Oxide, The
`
`Original Tom’s of Maine, accessed online June 28,2023), in view of McCall (US
`
`4,944,937).
`
`The teachings of Lesniak are discussed above.
`
`Lesniak does not disclose stearyl alcohol as a structurants.
`
`McCall discloses a cosmetic stick comprises solidifying agents having wax-like
`
`characteristics. Examples includes beeswax and other waxlike materials such as stearyl
`
`alcohol (column4,line 41 through column5,line 39).
`
`It would have been obvious to one of ordinary skill in the art prior to the effective
`
`filing date of the invention to have substituted beeswax disclosed by Lesniak for the
`
`stearyl alcohol disclosed by McCall since they are disclosed as functional equivalents.
`
`Double Patenting
`
`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
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`patenting rejection is appropriate wherethe conflicting claims are notidentical, but at
`
`least one examined application claim is not patentably distinct from the reference
`
`claim(s) because the examinedapplication claim is either anticipated by, or would have
`
`been obviousover, the reference claim(s). See, e.g., Inre Berg, 140 F.3d 1428, 46
`
`USPQ2d 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); Inre Van Ornum,
`
`Page 11
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`Page 11
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`

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`Application/Control Number: 17/961,089
`Art Unit: 1615
`
`Page7
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`686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619
`
`(CCPA 1970); Inre 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)
`
`maybe used to overcome an actualor provisional rejection based on nonstatutory
`
`double patenting provided the reference application or patent either is shown to be
`
`commonly ownedwith the examined application, or claims an invention made asa
`
`result of activities undertaken within the scope of a joint research agreement. See MPEP
`
`§ 717.02 for applications subject to examination underthefirst inventorto file
`
`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 meets all requirements is auto-processed and approved immediately
`
`upon submission. For more information about eTerminalDisclaimers, refer to
`
`
`
`Claims 1-20 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-19 of U.S. Patent No. 10,905,647. Althoughthe claims at
`
`issue are notidentical, they are not patentably distinct from each other because the
`
`instant claims area species of the patented claims. The instant claimsrecite a species of
`
`Page 12
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`Page 12
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`

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`Application/Control Number: 17/961,089
`Art Unit: 1615
`
`Page 8
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`the liquid triglyceride recited in the patented claims. The patented claims additionally
`
`recite the presence of a structurants, however,this limitation is recited in the instant
`
`application as a dependent claims. Therefore, it would have been obviousto one of
`
`ordinary skill in the art prior to the effective filing date of the invention to have used a
`
`species of the liquid triglycerides in the patented claims to prepare the instant
`
`composition.
`
`Claims 1-20 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-20 of U.S. Patent No. 10,543,164. Although the claimsat
`
`issue are notidentical, they are not patentably distinct from each other because the
`
`instant claims area species of the patented claims. The instant claimsrecite a species of
`
`the liquid triglyceride recited in the patented claims. The patented claims additionally
`
`recite the presence of a structurants, however,this limitation is recited in the instant
`
`application as a dependent claims. Therefore, it would have been obviousto one of
`
`ordinary skill in the art prior to the effective filing date of the invention to have used a
`
`species of the liquid triglycerides in the patented claims to prepare the instant
`
`composition.
`
`Claims 1-20 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-20 of U.S. Patent No. 10,966,915. Although the claimsat
`
`issue are notidentical, they are not patentably distinct from each other because the
`
`patented claims anticipate the instant claims. The instant claims recite a species of the
`
`liquid triglyceride recited in the patented claims. The patented claims additionally recite
`
`the presence of a structurants, however,this limitation is recited in the instant
`
`Page 13
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`Page 13
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`

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`Application/Control Number: 17/961,089
`Art Unit: 1615
`
`Pageg
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`application as a dependent claims. Therefore, it would have been obviousto one of
`
`ordinary skill in the art prior to the effective filing date of the invention to have used a
`
`species of the liquid triglycerides in the patented claims to prepare the instant
`
`composition.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examinershould be directed to MELISSA S MERCIER whosetelephone 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.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Robert A 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-
`
`Page 14
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`Page 14
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`Application/Control Number: 17/961,089
`Art Unit: 1615
`
`Page 10
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`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 15
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`Page 15
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`vc Terminal Disclaimer - Filed
`
`
`PATENT AND TRADEMARKOFFICE
`
`| UNITED STATES
`
`PTOVSBV25
`
`
`
`TERMINAL DISCLAIMER TO OBVIATE A PROVISIONAL DOUBLE PATENTING REJECTION OVER
`
`A PENDING "REFERENCE" APPLICATION
`
`APPLICATION #
`TSS
`
`FILING DATE
`TOVOG/2022
`
`FIRST NAMED INVENTOR
`David STURGIS
`
`ATTORNEY DOCKET#
`FHTs9ce
`
`Title of Invention
`
`ANTIPERSPIBANT AND DEQDORANT
`
`my3°
`oe
`oo CyIM oOoeTIONS
`
`poe
`aye
`nS
`
`ay
`
`Filing of terminal disclaimer doses nol obviate requirement for ressonse under 37 GFR 1.117 fo ouistanding
`mee
`ONfice Action
`
`This electronic Terminal Oisclaimer is nol being used far a Joint Research Agreement.
`
`Caeser
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`Percent interest
`
`The Procter &Gamble Company
`
`Total
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`TO0%
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`TOO
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`The owner(s} of percent interesi listed above in the instant application hereby disclaims, except as provided below,
`the lerrninal part of the statulory term of any patent granted on the instant application which would extend beyand
`the expiration date of the full statutory term of any patent granted! on pending reference Application Number(s}no}
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`Application #
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`TPO7ORSS
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`Filing Date
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`Tse082
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`as the term of any patent granteci on saici reference application may be shortened by any terminal disclaimer fled
`orior fo the grant of any patent on the pencing reference apolication. The owner hereby agrees that any patent so
`4
`granteci on the instant application shall be enforceable only for and during such period that if and any patent
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`granted on the reference application are commonly owned. This agreement runs with any patent granted anthe
`instant application and is binding upon the grantee,iis successars or assigns.
`in making the above disclaimer, the owner dees nat disclaim the terminal part of any patent granted on the instant
`aoolication that would extend fo the expiration date of the full statutory term of any patent granted on said reference
`aoplication, "as the term of any patent granted on sald reference application may be shortened by any terminal
`disclaimer filed prior fo the grant of any patent on the pending reference application,” in the event that any such
`patent granted on ihe pending reference application: expires for failure to pay a rnainienancefee, is held
`unenforceable, is found invalid by a court of competent jurisdiction, is statutorily disclaimed in whole or terminally
`disclaimed under 37 CFR 1.Gei, has all claims canceled by 4 reexamination certificate, is reissued, or is in any
`manner terminated prior to the exmiration of fis full slatutory terrn as shortened by any lerminal disclaimerfiled prior
`to jis grant,
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`The owner{s) of percent interest listed abovein the instant application hereby disclaims, except as provided below,
`the terminal part of the statutory term of anv patent granted on the instant application which would extend beyond
`the expiration date of the full statutory term of prior patent number(s)
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`Patent #
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`TOS43 1 hee
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`as ihe term of said orier patentis presently shortened by any terminal disclaimer. The owner hereby agrees that
`any patent so granied an the instant application shall be enforceable only for and during such period that i and the
`oror patent are commonly awned. Tris agreement runs with any patent granted on theinstant apnlication and is
`minding upor the grantee, its successors or assigns.
`iri making the abovedisclaimer, the owner dees not disclaim the terminal part of the term of any patent granted an
`the instant application that would extend fo the expiration date of the full statutory term of he prior patent, "as the
`term of said prior patent is presently shortened by any terminal cisclaimer,” in the event thal said prior patent later:
`* expires for falure to pay a maintenance fee;
`* ig held unenforceable;
`* ig found invalid by a court of campetent jurisdiction:
`ig statutorily disclaimed in whole or ferminally disclaimed under 37 CFR 1.321;
`* has all claims canceled by 4 reexamination certiicate;
`* is reissued: or
`* iS if any tanner terminated prier to the eomiration of its full statutory ferm as presently sharfened by any ferminal
`disclaimer,
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`Terminal disclairner fee under G7 GFR 1.20(c) included with Electronic Terminal Disclaimer requesi.
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`Applicant claims ihe following entity status:
`Requiar Undiscounted
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`i hereby declare that all statements made herein of my own knowledge are true and that all stafernnis mace on
`information and belief are believed fo be true: and further that these statements were mace with the knowlecige that
`wilful false statements and the like so mace are punishable by fing or imprisonment, or both, under Section 1007 of
`Title 18 of the United States Code and that such wilful false staternents may jeopardize the validityof the
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`icerify, in accordance with Of CFR T4id\4} that f anv An attorney or agent registered te practice before the
`Patent and1rademark Office who is of record in this application
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`Signature
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`Name
`
`fKathieen Y. Carter!
`
`Kathleen Garter
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`Registration #
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`SO58S
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`* Statement under Of CFR 3.75(6) is required if ferrninal disclaimer is
`PTOVSB/G6 may be used for making this certification. Ses MPEP d24.
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`ti
`signed by the assignee (owner). Form
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`PATENT AND TRADEMARK OFFICE
`
`
`
`Commissioner for Patents
`
`
`
`;
`x 1450
`Alexandria, VA 22373 - 1456
`WW. Ushio. gov
`
`APPROVAL LETTER
`
`APPLICATION#
`17/964 O89
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`FILING DATE
`TO/OG/2022
`
`APPLICANT/PATENT UNDER REEXAMINATION
`David STURGIS
`
`Title of Invention
`
`ANTIPERSPIRANT AND DEQDORANT COMPOSITIONS
`
`Electronic terminal disclaimer Hled an 10/03/2923
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`~ Approved
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`This patent is sublect to a Terminal Disclaimer
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`Appraved / Disapproved by: Electronic Terminal Disclaimer automatically approved
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Application No.
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`17/961,089
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`Inventor(s)
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`Filed
`
`Art Unit
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`Examiner
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`Docket No.
`
`Confirmation No.
`
`Customer No.
`
`David Arthur Sturgis
`
`October 6, 2022
`
`Notyet assigned
`
`Not yet assigned
`
`15150CC
`
`6536
`
`27752
`
`Title
`
`ANTIPERSPIRANT AND DEODORANT COMPOSITIONS
`
`AMENDMENT AFTER NON-FINAL OFFICE ACTION
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`INTRODUCTORY REMARKS
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`The Director is hereby authorized to charge all required fees (including any extension of
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`time fees) and to credit any overpayments in this and any concurrentor future correspondence to
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`Deposit Account No. 16-2480.
`
`In response to the Office Action of July 3, 2023, please amend the above-identified
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`application as follows, consider the following remarks and reconsider the application.
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`Amendments to the Claims begin on page 2 of this paper.
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`Remarks begin on page 5 ofthis paper.
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`Page 20
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`Appl. No. 17/961,089
`Docket No. 15150CC
`Amdt. dated October 3, 2023
`Reply to Office Action mailed on July 3, 2023
`Customer No. 27752
`
`AMENDMENTS TO THE CLAIMS
`
`The following listing of claims replacesall prior versions and listings of the claims in the
`
`application.
`
`Listing of Claims
`
`1.
`
`(Currently Amended) A deodorantstick comprising:
`
`a.
`
`b.
`
`at least about 25% caprylic / capric triglyceride;
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`a primary antimicrobial selected from the group consisting of beryllium carbonate,
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`magnesium carbonate, calcium carbonate, magnesium hydroxide, magnesium
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`carbonate hydroxide, magnesium hydroxide and magnesium carbonate hydroxide,
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`partially carbonated magnesium hydroxide, and piroctone olamine-having-a-water
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`sohability-efatimestabeut90-sAat25°©; and
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`said deodorantstick being free of an aluminum salt;
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`wherein the deodorant stick is substantially free of a synthetic fragrance; and
`
`wherein the deodorant stick is anhydrous and is substantially free of silicones:
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`wherein the deodorant stick has a hardness from about 70 mm*10 to about 140
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`mm*10, as measured by penetration with ASTM D-1321 needle.
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`2.
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`3.
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`(Cancelled)
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`(Original) The deodorantstick of claim 1, wherein the primary antimicrobial is magnesium
`
`hydroxide.
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`4.
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`(Previously presented) The deodorant stick of claim 1, further comprising a structurant
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`with a melting point of at least about 50° Celsius.
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`5.
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`(Previously presented) The deodorant stick of claim 4, wherein the structurant is stearyl
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`alcohol.
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`Page 2 of 7
`Page 21
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`Appl. No. 17/961,089
`Docket No. 15150CC
`Amdt. dated October 3, 2023
`Reply to Office Action mailed on July 3, 2023
`Customer No. 27752
`
`(Original) The deodorant stick of claim 1, wherein the deodorant stick is substantially free
`
`of baking soda.
`
`(Cancelled)
`
`(Canceled)
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`(Original) The deodorantstick of claim 1, wherein the deodorant stick has a hardness from
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`about 80 mm*10 to about 140 mm*10, as measured by penetration with ASTM D-1321
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`needle.
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`10.
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`(Original) The deodorantstick of claim 1, further comprising a natural fragrance.
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`11.
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`(Currently Amended) A deodorantstick comprising:
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`a.
`
`b.
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`at least about 25% ofa triglyceride;
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`a primary antimicrobial selected from the group consisting of beryllium carbonate,
`
`magnesium carbonate, calcium carbonate, magnesium hydroxide, magnesium
`
`carbonate hydroxide, magnesium hydroxide and magnesium carbonate hydroxide,
`
`partially carbonated magnesium hydroxide, and piroctone olamine-haying-a-water
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`solubilityofatmestabeut90o/Lat25°©, and
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`said deodorantstick being free of an aluminum salt;
`
`wherein the deodorant stick has a hardness from about 70 mm*10 to about 140
`
`mm*10, as measured by penetration with ASTM D-1321 needle; and
`
`wherein the deodorant stick is anhydrous and is substantially free of silicones.
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`12.
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`(Original) The deodorantstick of claim 11, wherein the primary antimicrobial is selected
`
`from the group consisting of beryllium carbonate, magnesium carbonate, calcium
`
`carbonate, magnesium hydroxide, magnesium carbonate hydroxide, magnes