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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/23/2026 has been entered.
Formal Matters
Receipt of Applicant’s response dated 06/23/2026 is acknowledged.
Claims 1 and 7-9 are pending.
Claims 2-6 are canceled.
Claim 1 is amended.
Claims 1 and 7-9 are under consideration in the instant Office action.
REJECTION WITHDRAWN
Claim Rejections - 35 USC § 103
The rejection of claims 1 and 7-9 under 35 USC 103 set forth in the Office action dated 03/23/2026 is hereby withdrawn in light of Applicant’s remarks dated 06/23/2026 and Applicant’s submitted declaration under 37 CFR 1.132 dated 06/23/2026.
NEW GROUNDS OF OBJECTION/REJECTION
Claim Objections
Claim 1 is objected to because in line 16 “, based on the total amount of the oil content” should be added following “10% by mass or more” in order to improve claim readability and consistency.
Claim 8 is objected to because “the at least one selected from the polar oil and the ultraviolet absorber” should be amended to “the at least one selected from a polar oil and an ultraviolet absorber” in order to improve claim readability and consistency.
Claim 8 is objected to because in line 2 a comma should be inserted after “more” in order to improve claim readability and consistency.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 7-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
(a) Claim 1 recites the limitation "the nonionic surfactant" in line 33 and spanning lines 33 and 34. There is insufficient antecedent basis for this limitation in the claim because claim 1 does not earlier recite “a nonionic surfactant”. Claims 7-9 are also rejected for depending from claim 1. The Examiner suggests amending both recitations of "the nonionic surfactant" in claim 1 to “the PEG (11) methyl ether dimethicone” in order to overcome this rejection.
(b) Claim 1 is indefinite in the recitation of “the PEG (11) methyl ether dimethicone” spanning lines 42 and 43 because it is unclear whether this refers to the PEG (11) methyl ether dimethicone in the dispersion medium, the PEG (11) methyl ether dimethicone in the oil droplet, or the PEG (11) methyl ether dimethicone in the both of the dispersion medium and oil droplet. As written, one skilled in the art would not be reasonably apprised of the metes and bounds of the claims. Claims 7-9 are also rejected as being dependent on claim 1 without resolving the ambiguity of claim 1.
Response to Applicant’s Arguments
Applicant’s arguments and the declaration submitted under 37 CFR 1.132 dated 06/23/2026 have been considered and the rejection under 35 USC 103 set forth in the Office action dated 03/23/2026 has been withdrawn.
Allowable Subject Matter
Claims 1 and 7-9 would be allowable upon overcoming the claims objections and the rejections under 35 USC 112(b) set forth above.
Pertinent Prior Art
The following prior art made of record and not relied upon are considered pertinent to Applicant’s disclosure:
(1) Nagare et al (US 2017/0202758 A1, published 07/20/2017) teach a similar oil-in-water emulsion to that claimed, however the hydrophobized metal oxide is present only in the oil phase.
(2) Nagare (US 2017/0128352 A1, published 05/11/2017) teaches a similar oil-in-water emulsion to that claimed, however the hydrophobically treated powder is present only in the water phase.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAELEIGH ELIZABETH OLSEN whose telephone number is (703)756-1962. The examiner can normally be reached M-F 8-5 PM.
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/K.E.O./Examiner, Art Unit 1619
/NICOLE P BABSON/Primary Examiner, Art Unit 1619
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