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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall 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.
Claims 17-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Candau WO2008006687 A1.
This rejection has been withdrawn in view of the Amendment filed 01/13/2026.
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 17-28, 30 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Candau WO 2008006687 A1, in view of JP 6207291 B2 (JP ‘291).
Candau teaches a cosmetic or dermatological composition in the form of an oil-in-water emulsion emulsion comprises, in a physiologically acceptable medium: a) at least one continuous aqueous phase, b) at least one heat-induced gelling polymer, c) at least one water-miscible volatile solvent in a concentration ranging from 1% to 20% by weight relative to the total weight of the composition, d) at least one organic UV-screening agent. See Abstract. Water-miscible organic solvent (s) is (are) preferably chosen from Ci-C.sub.5 lower monoalcohols such as methanol, ethanol, propanol, isopropanol, n-butanol, isobutanol and t-butanol, and more particularly ethanol. The water-miscible volatile organic solvent (s) is (are) present at from 1% to 20% by weight and preferably in concentrations ranging from 1% to 15% and more preferentially from 1% to 10% by weight relative to the total weight of the composition. Organic UV-screening agents are chosen especially from cinnamic derivatives; anthranilates; salicylic derivatives; dibenzoylmethane derivatives; camphor derivatives; benzophenone derivatives; diphenylacrylate derivatives; triazine derivatives; benzotriazole derivatives; benzalmalonate derivatives; benzimidazole derivatives; imidazolines; bis-benzazolyl derivatives as described in patents EP 669 323 and US 2 463 264; p- aminobenzoic acid (PABA) derivatives; methylenebis (hydroxyphenylbenzotriazole) derivatives as described in patent applications US 5 237 071, US 5 166 355, GB 2 303 549, DE 197 26 184 and EP 893 119; benzoxazole derivatives as described in patent applications EP 0 832 642, EP 1 027 883, EP 1 300 137 and DE 101 62 844; screening polymers and screening silicones such as those described especially in patent application WO 93/04665; α-alkylstyrene-based dimers, such as those described in patent application DE 198 55 649; 4 , 4-diarylbutadienes such as those described in patent applications EP 0 967 200, DE 197 46 654, DE 197 55 649, EP-A-I 008 586, EP 1 133 980 and EP 133 981, and mixtures thereof. See pages 21-26. Organic UV-screening agents are preferably present in the compositions according to the invention in proportions ranging from 0.01% to 20% by weight relative to the total weight of the composition and preferably ranging from 0.1% to 10% by weight relative to the total weight of the composition. Composition further comprising inorganic UV-screening agents in proportions ranging from 0.01% to 20% by weight relative to the total weight of the composition and preferably ranging from 0.1% to 10% by weight relative to the total weight of the composition. See page 31. The compositions in accordance with the present invention may also comprise standard cosmetic adjuvants chosen especially from fatty substances, organic solvents other than water-miscible volatile organic solvents, ionic or nonionic, hydrophilic or lipophilic thickeners, softeners, humectants, opacifiers, stabilizers, emollients, silicones, antifoams, fragrances, preserving agents, anionic, cationic, nonionic, zwitterionic or amphoteric surfactants, active agents, fillers, polymers, propellants, acidifying or basifying agents or any other ingredient usually used in cosmetics and/or dermatology. See pages 31-32. Hydrophilic thickeners that may be mentioned include carboxyvinyl polymers such as the Carbopol products (carbomers) and the Pemulen products (acrylate/C10-C30- alkylacrylate copolymer) ; the methacrylic acid/methyl acrylate/ethoxylated alkyl dimethyl-meta-isopropenyl benzyl isocyanate terpolymer (INCI name: Polyacrylate- 3) , for instance the product sold by Amerchol under the name Viscophobe DB 1000; polyacrylamides, for instance the crosslinked copolymers sold under the names Sepigel 305 (CTFA name: polyacrylamide/C13-14 isoparaffin/ Laureth 7) or Simulgel 600 (CTFA name: acryl- amide/sodium acryloyldimethyltaurate copolymer/isohexa- decane/polysorbate 80) by the company Seppic; 2-acrylamido-2-methylpropanesulfonic acid polymers and copolymers, which are optionally crosslinked and/or neutralized, for instance the poly (2-acrylamido-2- methylpropanesulfonic acid) sold by the company Clariant under the trade name Hostacerin AMPS (CTFA name: ammonium polyacryloyldimethyltauramide) ; cellulose derivatives such as hydroxyethylcellulose; polysaccharides and especially gums such as xanthan gum; and mixtures thereof. Lipophilic thickeners that may be mentioned include synthetic polymers such as poly (Ci.sub.0-C.sub.30 alkyl acrylates) sold under the name Doresco IPA 13-1 by the company Landec, or modified clays such as hectorite and its derivatives, for instance the products sold under the name Bentone. See pages 32-33. The emulsifying surfactants are chosen in an appropriate manner depending on the chosen type of emulsion. When the emulsion is a triple emulsion, it generally comprises an emulsifier in the primary emulsion and an emulsifier in the outer phase into which the primary emulsion is introduced. In the case of the oil-in-water simple emulsion, the dispersed oily phase may represent from 1% to 70% by weight, preferably from 5% to 60% by weight and better still from 10% to 50% by weight relative to the total weight of the simple emulsion. See page 35. Emulsifiers that may be used for the preparation of the O/W emulsions, examples that may be mentioned include nonionic emulsifiers such as fatty acid esters of oxyalkylenated (more particularly polyoxyethylen- ated) polyols, for example polyethylene glycol stearates, for instance PEG-100 stearate, PEG-50 stearate and PEG-40 stearate; fatty acid esters of oxyalkylenated sorbitan comprising, for example, from 20 to 100 EO, for example those sold under the trade names Tween 20 or Tween 60 by the company Uniqema; oxyalkylenated (oxyethylenated and/or oxypro- pylenated) fatty alkyl ethers; alkoxylated or non- alkoxylated sugar esters, for instance sucrose stearate such as PEG-20 methylglucose sesquistearate; sorbitan esters such as the sorbitan palmitate sold under the name Span 40 by the company Uniqema; diacid esters of fatty alcohols, for instance dimyristyl tartrate; mixtures of these emulsifiers, for instance the mixture of glyceryl stearate and of PEG-100 stearate (CTFA name: Glyceryl Stearate/PEG-100 Stearate) sold under the name Arlacel 165 by the company Uniqema and under the name Simulsol 165 by the company SEPPIC; or the mixture of dimyristyl tartrate, cetearyl alcohol, Pareth-7 and PEG-25 laureth-25, sold under the name Cosmacol PSE by the company Sasol (CTFA name: Dimyristyl tartrate/cetearyl alcohol/12-15 Pareth-7/PPG 25 laureth 25). See page 36. When it is an emulsion, the aqueous phase of the said emulsion may comprise a nonionic vesicular dispersion prepared according to known processes (Bangham, Standish and Watkins, J. MoI. Biol. 13, 238 (1965), FR 2 315 991 and FR 2 416 008). According to one particular embodiment of the invention, the oil-in-water emulsions may comprise only 1% by weight or less of emulsifying surfactants, and may even be free of emulsifying surfactants, while at the same time being stable on storage. In this case, they may be stabilized via various techniques such as the use of the hydrophilic or lipophilic thickeners such as those of patent EP 864 320, amphiphilic polymers such as those mentioned in patent EP 1 093 796 or in patent application WO 02/44231, and solid particles (Pickering-type emulsions) such as the emulsions mentioned in patent applications WO 98/42300, WO 98/42301, EP 98/7001, EP 98/7002, EP 98/7003, EP 98/7004 EP 98/7005 EP 98/7006 EP 98/7007 EP 98/7008, WO 2000/07548, WO 2000/07549 and EP 99/2233. Among the emulsion stabilizers that will be used more particularly are isophthalic acid or sulfoisophthalic acid polymers, and in particular phthalate/sulfoiso- phthalate/glycol copolymers (for example diethylene glycol/phthalate/isophthalate/1, 4-cyclohexanedimethanol) sold under the name Eastman AQ Polymer (AQ35S, AQ38S, AQ55S and AQ48 Ultra) by the company Eastman Chemical. See page 40.
Candau does not expressly teach the claimed thermos-thickening agent comprising a cyclodextrin and an alkyl cellulose represent by formula (i).
JP ‘291 teaches a composition for external use. The composition comprising hydrophobized modified alkyl cellulose and cyclodextrin. See Technical Field section. Hydrophobized modified alkyl cellulose hydrophobized modified alkyl cellulose used in the composition for external use is obtained by introducing a long-chain alkyl group, which is a hydrophobic group, into a cellulose ether derivative. The hydrophobically modified alkyl cellulose has the following structural formula (1). See Abstract and Description of Embodiments. The composition for external use of the present invention contains a hydrophobically modified alkyl cellulose and cyclodextrin, so that it can be easily stretched and applied to the skin.
Thus, it would have been prima facie obvious to one of ordinary skill in the art to optimize the teaching in Candau to include and/or select the hydrophobized modified alkyl cellulose and cyclodextrin in view of the teaching of the JP reference with the expectation to obtain a cosmetic composition which exhibits unexpected result including good stretch, easy apply, good feeling to the skin. This is because the JP reference teaches using a thermo-thickening polymer such as hydrophobized modified alkyl cellulose and cyclodextrin in a cosmetic composition is known in the art, more significantly, a cosmetic composition that exhibits a good feeling in use.
Response to Arguments
Applicant’s arguments filed 01/13/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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 SUSAN T TRAN whose telephone number is (571)272-0606. The examiner can normally be reached Monday-Friday, 8:30 am-5:30 pm.
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/SUSAN T TRAN/Primary Examiner, Art Unit 1615