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 .
Detailed Action
Previous Rejections
Applicants' arguments, filed 07/08/26, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
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.
Claims 1 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US PG Pub. 2019/ 0159977 A1) in view of Patel et al. (WO 2018/209163A1).
Lee et al. discloses UV block cosmetic composition in the form of oil-in-water emulsion or water-in-oil emulsion and preparation method thereof, see title. Lee et al. teaches an ultraviolet (UV) block cosmetic composition in the form of a water-in-oil (W/O) emulsion in which a discontinuous water phase is uniformly distributed in a continuous oil phase, or in the form of an oil-in-water (O/W) emulsion in which a discontinuous oil phase is uniformly distributed in a continuous water phase, the UV block cosmetic composition comprising a water phase, an oil phase, and an emulsifier, wherein the water phase includes a water phase medium and cerium oxide particles, and the oil phase includes any one or more selected from a group consisting of an oil phase medium, a hydrophobic UV blocking agent, and an oil UV blocking agent. A UV block cosmetic composition according to the present invention has a superior UVA and UVB blocking effect and a good feeling of use, see abstract.
Lee et al. teaches use of cerium oxide particles as a UV blocking agent in a composition wherein the composition has increased UV blocking effect along with increased stability, see [0006]. The cosmetic composition has excellent feeling of use, see [0129].
The cerium oxide particles have a particle size ranging from 30 to 200nm, see [0011]. The cerium oxide particles may have a secondary particle size of 20 to 250 nm, preferably 25 to 230 nm, and more preferably 30 to 200 nm, see [0048].
The amount of cerium oxide particles range from 1 to 20% by weight of the total composition, see [0013] or the content of the cerium oxide particles may be 0.1 to 25 wt %, preferably 1 to 23 wt %, and more preferably 1 to 20 wt %, based on the total weight of the UV block cosmetic composition, see [0051].
The UV blocking agent may be one or more of Diethylamino Hydroxybenzoyl Hexyl Benzoate or Diethylamino Hydroxybenzoyl Hexyl Benzoate, see [0018]. The amount of UV blocking agent taught ranges from 0 to 25wt. % based on the total weight % of the composition, see claim 10.
The reference further teaches that the UV blocking composition can comprise moisturizers such as polyols including polyethylene glycol, propylene glycol, etc., see [0088]. The weight of oil phase medium which comprises one or more of propylene glycol, ethylene glycol etc. as disclosed in claim 13 ranges from 10 to 50 wt. %, see claim 14.
Lee et al. does not teach use of C12 to C15 alkyl benzoate as claimed.
Patel et al. discloses gel formulations, see title. Patel et al. teaches a gel sunscreen formulation which comprises active ingredients and contains emollients, see [0013]. An emollient helps to smooth and soften the skin, and may also reduce its roughness, cracking or irritation. Non-limiting examples of suitable emollients include, for example and without limitation, mineral oil having a viscosity in the range of 50 to 500 centipoise (cps) , lanolin oil, coconut oil, cocoa butter, olive oil, almond oil, macadamia nut oil, aloe extracts such as aloe Vera lipoquinone, synthetic jojoba oils, natural Sonora jojoba oils, safflower oil, corn oil, liquid lanolin, cottonseed oil and peanut oil. In certain embodiments, the emollient is a cocoglyceride, which is a mixture of mono, di and triglycerides of cocoa oil, see [0028]. Patel et al. teaches that suitable emollients may include, for example and without limitation, squalane, castor oil, polybutene, sweet almond oil, avocado oil, calophyllum oil, ricin oil, vitamin D, vitamin E acetate, olive oil, silicone oils such as dimethylopolysiloxane and cyclomethicone, linotenic alcohol, oleyl alcohol, the oil of cereal germs such as the oil of wheat germ, isopropyl palmitate, cotyle palmitate, isopropyl myristate, hexadecyl stearate, butyl stearate, decyl oleate, acetyl glycerides, the octanoates and benzoates of (C12-C15) alcohols, see [0029]. The gel product is used in skin care and sun screen care, see [0031]. Patel teaches use of skin protectants, see [0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the emollient such as C12 to C15 alkyl benzoate into the cosmetic composition of Lee et al. One of ordinary skill would have been motivated to do so because Lee et al. teaches a cosmetic composition wherein the desired effect is to obtain high stability and excellent feeling of use and blocking skin aging (see [0122-0124] and Example 4 and [0129] and Patel et al. while teaching a skin care composition teaches a sunscreen composition comprising emollients such as C12 to C15 alkyl benzoates and further teaches that an emollient helps to smooth and soften the skin, and may also reduce its roughness, cracking or irritation. The amount of oil phase medium taught by Lee et al. ranges from 10 to 50 wt. %, see claim 14. The amount of cerium oxide range from 1-20% as disclosed by Lee et al. above. Therefore, it would be within skill of an artisan to manipulate the amounts of cerium dioxide, dispersion medium in order to obtain optimum skin feel and skin care by performing experimental manipulations.
Applicant’s arguments are moot in view of new rejections made above.
Action is final
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SNIGDHA MAEWALL whose telephone number is (571)272-6197. The examiner can normally be reached Monday thru Friday; 8:30 AM to 5PM.
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/SNIGDHA MAEWALL/Primary Examiner, Art Unit 1612
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