DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 22, 2025 has been entered.
Status of Application
Receipt of Applicant’s remarks and amended claims filed on December 22, 2025 is acknowledged.
Claims 20-29, 31-39, and 42 are pending in this application.
Claims 20, 29, 31, and 33 have been amended.
Claims 1-19, 30, and 40-41 have been cancelled.
Claims 34-38 remain withdrawn from consideration as drawn to non-elected Groups II and III.
Claims 20-29, 31-33, 39, and 42 are under examination in this application.
Newly Applied Rejections
Claim Objections
Claim 39 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 22. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 20-29, 32-33, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Gombart et al. (KR 2015/0031238) in view of Parissaux et al. (WO 2014155015).
Gombert discloses a cosmetic composition comprising at least one polymer which can include starch, at least one polyol, and an elastic mixture of water. The mixture imparts a resilience to the cosmetic product applied to the surface of the skin that naturally undergoes such changes as changes in facial expression, pressure of the fingers by contact, or contact of the clothes (abstract).
Example 3 discloses the use of xanthan gum, starch, and glycerol (a polyol).
The starch can be a starch hydrolysate, corn starch, pea starch, tapioca starch, potato starch, and wheat starch (claim 2).
Regarding claim 23, as noted above, the starch can be pea starch.
Regarding claim 24, as noted above, the starch can be a hydrolysate starch.
Regarding claim 25, the starch is present in the amount of 10-30% by weight of the mixture (claim 1).
Regarding claim 26, as noted above, glycerol is disclosed in Example 3. Additional polyols include sorbitol and glycol (claim 4).
Regarding claim 27, the polyol is present in the amount of 20-60% by weight of the mixture (claim 1).
Regarding claim 28, the components of Example 3 equal 42.66%. The example discloses the composition is then qs to 100 with purified water. Therefore, the water would be present in the amount of 57.34%.
Regarding claim 29, as noted above, Example 3 utilizes xanthan gum.
Regarding claim 32, Example 4 discloses ethanol.
Regarding claim 33, the composition additionally comprises pigments.
Gombert does not disclose the amylose percentage of the starch.
Parissaux discloses a film forming composition comprising a hydroxypropyl starch and sorbitol (abstract).
When the starch is a pea starch, the amylose content is between 25 and 45%.
Regarding claim 21, a viscosity measured at 25 ° C. of less than or equal to 500 mPa.s.
Regarding claims 22 and 39, as noted above, the amylose content is between 25 and 45%.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to have to use the high amylose starch disclosed by Parissaux as the starch of Gombert since it is disclosed to be an ideal film forming polymer to make an elastic and cohesive film.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELISSA S MERCIER whose telephone number is (571)272-9039. The examiner can normally be reached M-F 6:30 am to 4 pm EST.
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/MELISSA S MERCIER/ Primary Examiner, Art Unit 1615
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