DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/26/2026 has been entered.
Response to Amendment
Applicant’s response of 01/26/2026 has been received and entered into the application file. Claims 1-21 are pending in this application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim Interpretation
In the instant application, the inventors claim beta-endorphin agents to be helichrysum italicum, daucus carota, or acetyl dipeptide-1 cetyl ester; CGRP reducing agents & TRPV1 blocking agents to be albatrellus confluens, opuntia fiscus-indica; and native microbiome agents to be beta-glucan, inulin, laminaria digitate, chlorella vulgaris, minihot esculenta. However, these specific agents are not claimed in claim 1.
Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over Cauche et al. (FR 3034015 A1, Published: 2016) in view of Montiel et al. (WO 2013/064583), Hong et al. (See Changes in the Diversity of Human Skin Microbiota to Cosmetic Serum Containing Prebiotics. Journal of personalized medicine. Published: 2020), Bagood et al. (TRPV1: Role in Skin and Skin Diseases and Potential Target for Improving Wound Healing, Molecular Sciences, 2021), and Roy et al. (Collagen in Wound Healing, bioengineering, 2021).
Cauche et al. teach cosmetic compositions comprising dried flowers of immortelle (species of the genus Helichrysum) and the cosmetic use of such a composition for improving the barrier function of the skin and combating the appearance of skin aging (Abstract). Many skincare products comprise organic immortelle such as helichrysum italicum (page 1, last paragraph). It is established that neryl acetate, which is present at a high percentage in the essential oil of Helichrysum italicum, has very high anti-radical activity, allow increased cellular exchanges, activate the cutaneous microcirculation, eliminates waste, and revitalizes the cells and stimulates the skin biology. It also decongests and has protective properties to strengthen the skin (page 2, 2nd paragraph). Cauche et al. teach that the composition may further comprise excipients known and commonly used in the cosmetics field such as water, esters, vegetable oils, minerals, dyes, sweeteners, flavoring agents, bulking/gelling agents, emulsifiers, emollients, surfactants, preservatives, foaming agents (page 4, 3rd paragraph). Glycerin can be used as a co-solvent and is moisturizing and non-irritating (page 5, 1st paragraph). Cauche et al. also teach a composition comprising opuntia ficus indca seed oil as an example (page 9, 3rd paragraph). Cauche et al. also teach that the composition comprises ascorbic acid, tocopherol, flavonoids (pages 3-4).
Cauche et al. do not teach native microbiome agents.
Montiel et al. teach cosmetic compositions comprising peptides and their use in cosmetic or pharmaceutical compositions (Abstract). Montiel et al. teach that Proteinase-Activated Receptor-2 or PAR-2 sensitizes the transient receptor potential vanilloid 1 (TRPV-1), which amplifies the response to pain, inflammation and itching (page 6, lines 11-14). Thus, the peptides which inhibit PAR-2 activity are represented according to the formula (I) (Abstract). An additional aspect relates to a cosmetic or pharmaceutical composition comprising at least one peptide, at least one natural extract or essential oil for the treatment of sensitive skin such as acetyl dipeptide-1 cetyl ester, beta-glucan, glycerin, sorbitol (pages 45-46). The compositions may also comprise chlorella vulgaris (page 41, line 26). Montiel et al. teach the compositions to further comprise antioxidants (claim 41).
Hong discloses that a prebiotic such as galacto-oligosaccharides (GOS) caused changes in internal microbiota and the mucosal immune system, which influences the skin. In addition, like prebiotics, the use of cosmetic formulation containing sugar and beta-glucan has been reported to improve various human skin conditions such as skin dehydration and wrinkle formation (pg 2, 1st paragraph). Furthermore, studies showed that GOS or beta-glucan containing cosmetic serum resulted in an increase in microbiome diversity and not necessarily microbiome richness (page 6, last paragraph). Hong concludes by stating that GOS inhibit the growth of harmful skin microbes and increase the population of beneficial microbes (Abstract).
Bagood teaches that skin is innervated by a multitude of sensory nerves that are important to the function of this barrier tissue in homeostasis and injury. The role of innervation and neuromediators has been reviewed to focus on the role of the transient receptor potential cation channel subfamily V member 1 (TRPV1) in wound healing (Abstract). One strategy for treating skin pain is targeting expression of TRPV1 on keratinocytes pg 6, Section 4.1). Bagood discloses that TRPV1 can have a role in different types of wounds; generally, it appears that TRPV1 activation leads to inflammation and delayed healing. TRPV1 antagonism or blockade improves healing in tape strip wounds and has an anti-inflammatory effect in burn and UVB wounds (Figure 5). TRPV1 expression and activation seem to be affected by burn injury, known to be a highly inflammatory process, and in turn affect recovery by contributing to the post injury inflammation in both central and peripheral mechanisms. Recent evidence suggests that burn injury increased CGRP-associated TRPV1 channel expression on the dorsal root ganglion (DRG). CGRP can induce either pro- or anti-inflammatory responses, depending on context, and in the burn injury model, induced inflammation in DRG nerves (Section 5.4). One of ordinary skill in the art would immediately envisage that TRPV1 and CGRP play a crucial role in pain, inflammation, and would healing.
Roy discloses normal wound healing progresses through inflammatory, proliferative, remodeling phases in response to tissue injury. Collagen plays a critical role in the regulation of the phases of wound healing (Abstract). Collagen III is the first to be synthesized in the early stages of wound healing and is replaced by collagen I, the dominant skin collagen (Section 2).
Cauche et al. teach compositions comprising helichrysum italicum, opuntia fiscus-indica. Cauche et al. also teach that such compositions have anti-aging, skin rejuvenation properties as discussed above. Montiel et al. teach compositions comprising peptides that inhibits PAR-2, which subsequently decreases TRPV-1 activity, acetyl dipeptide-1 cetyl ester, and native microbiomes such as beta-glucan, chlorella vulgaris. Hong discloses skin benefits of beta-glucan. Bagood discloses the important role of TRPV1 and CGRP in wound healing. Roy discloses the important role of collagen in wound healing. Therefore, it would have been obvious to one of ordinary person in the art before the effective filing date of the claimed invention to have created cosmetic compositions comprising beta-endorphin increasing agents such as helichrysum italicum, acetyl dipeptide-1 cetyl ester, CGRP/TRPV-1 reducing agents such as opuntia, with microbiomes such as beta-glucan, chlorella vulgaris. This is combining prior art elements according to known methods to yield predictable results, such as creating a cosmetic composition with healing or skin rejuvenating properties.
Regarding claim 2, moisturizers such as glycerin, sorbitol, vegetable oils are discussed above.
Regarding claim 3, antioxidants are discussed above.
Regarding claim 4, cosmetic compositions with moisturizers, prebiotics, and neuro-cosmetic agents are discussed above.
Regarding claim 5, one of ordinary skill in the art would envisage the application of above compositions at appropriate times such as within at least 15 minutes after the skin rejuvenation procedure. Regardless of when the composition is applied, the composition would still help heal the skin. Cauche et al. teach compositions comprising helichrysum italicum, opuntia fiscus-indica. Cauhe et al. also teach that such compositions have anti-aging, skin rejuvenation properties as discussed above.
Regarding claim 6, active ingredients are discussed above.
Regarding claim 7, prebiotics are discussed above.
Regarding claim 8, one of ordinary skill in the art would immediately envisage the use of helichrysum italicum after procedures to the skin as it has skin-protective and healing properties as taught by Cauche et al. And the use of such skin-protective compositions after a skin procedure would have been obvious in this particular instance. Cauche et al. teach compositions comprising helichrysum italicum, opuntia fiscus-indica. Cauhe et al. also teach that such compositions have anti-aging, skin rejuvenation properties as discussed above.
Regarding claim 9, Cauche et al. is silent on the use of skin anesthetics.
Regarding claims 10-11, skin compositions taught by Cauche et al. and Montiel et al. comprise beta-endorphin increasing agents and CGRP reducing or TRPV-1 blocking agents as discussed above. Therefore, the compositions would perform such tasks as claimed in this instant application.
Regarding claim 12, the cosmetic or skincare composition is discussed above. The instant specification mentions breathability of the carrier is an important factor. Such acceptable carriers include oil-in-water emulsion, water-in-oil emulsion ([0033]). Cauche discloses water-in-oil emulsifier as a suitable carrier. Therefore, one of ordinary skill in the art would be motivated to experiment with various formulation types that allow the skin to breathe.
Regarding claim 13, moisturizer such as glycerin is discussed above.
Regarding claim 14, Montiel et al. teach the composition to comprise pyrus malus fruit extract (page 41, line 7). Montiel et al. also teach the composition to comprise phytosphingosine (page 46, lines 13-14). Montiel et al. also teach the composition to comprise fatty acids and ceramides (claim 41).
Regarding claim 15, neuro-cosmetic agents are discussed above.
Regarding claim 16, prebiotics are discussed above.
Regarding claim 17, teachings of Cauche et al. and Montiel et al. are discussed above in claim 1. Cauche et al. and Montiel et al. teach compositions comprising all the ingredients of instant application. And such compositions would motivate one of ordinary skill in the art to apply to skin for cosmetic purposes. Whether the application of such product occurred before or after a procedure, the skin healing or rejuvenating properties would still remain the same. Cauche et al. teach compositions comprising helichrysum italicum, opuntia fiscus-indica. Cauhe et al. also teach that such compositions have anti-aging, skin rejuvenation properties as discussed above.
Regarding claim 18, Montiel et al. teach the compositions can be produced in any solid, liquid, or semisolid formulation, such as and not restricted to, creams, emulsions such as and not restricted to, oil and/or silicone in water emulsions, water-in-oil and/or silicone emulsions, water/oil/water or water/silicone/water type emulsions and oil/water/oil or silicone/water/silicone type emulsions (page 36, lines 17-21).
Regarding claim 19, Cauche et al. teach antioxidants such as flavonoids, phytosterols, vitamins are included in such compositions (page 4, 1st paragraph).
Regarding claim 20, all of the limitations are discussed and taught above. One of ordinary skill in the art would be motivated to apply a skin healing composition to the wounded skin after a skin rejuvenation procedure.
Regarding claim 21, collagen’s role in wound healing is discussed above. Furthermore, Roy teaches that collagen contributes to the mechanical strength and elasticity of tissues and acts as a natural substrate for cellular attachment, proliferation, and differentiation (Section 4). One of ordinary skill in the art would immediately envisage that wounding would trigger the production collagen.
Response to Arguments
Applicant’s arguments filed 01/26/2026 have been fully considered and new rejection is made.
Conclusion
No claim is allowed.
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/JOHN SEUNGJAI KWON/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615