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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/22/2025 has been entered.
Response to Amendment
Applicant’s amendments of claims 2, and 5 are acknowledged by the Examiner.
Applicant’s cancelation of claims 11 and 12 are acknowledged by the Examiner.
Claims 2-3, 5, 8-10, and 13-14 are pending in the current Application.
Response to Arguments
Applicant’s arguments, see remarks, filed 10/22/2025, with respect to the rejection(s) of claim(s) 2 and 5 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 U.S.C. 103 over Smith (US 2020/0121565 A1) in view of Miles (US 2019/0298038) as Smith discloses at least one color-coded substrate with an active agent effective to treat acne (skin exfoliant; see [0037]), and Miles teaches a selective impregnation of an analogous skin patch with one or more of hyaluronic acid, ceramides, niacinamide, peptides, vitamin C, vitamin A, beta hydroxy acid, alpha hydroxy acid, CBD (cannabidiol), of which
ceramides and niacinamides are active agents which treat pigmentation
each active agent listed can be used for wrinkle treatment
ceramides, niacinamides, peptides, and vitamin A (retinoids) are active agents which treat post inflammatory hyper-pigmentation.
Therefore, the combination of Smith in view of Miles discloses the newly amended limitations of claims 2 and 5 as will be discussed below.
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.
Claim(s) 2, 5, 8-10, and 13-14 is/are rejected under 35 U.S.C. 103 over Smith (US 2020/0121565 A1) in view of Miles (US 2019/0298038 A1).
In regards to claim 2, Smith discloses A system (100; see [0034]; see figure 1) of color-coded substrates (see [0033] in reference to identifying skin exfoliants based on visual indicia such as color on the partitions) for application to skin for the treatment of skin concerns (see [0037] in reference to the partitions including a skin exfoliant for removal of particles such as dead skin, oil, and debris which causes acne; thus, the system is a treatment for at least acne), comprising:
a plurality of color-coded substrates (102, 104-120; see [0034]; see figure 1; see [0036] in reference to “the exterior surface of each partition may include visual indicia such as distinct color”), each color-coded substrate (102, 104-120) has a color (see [0036]), an area specific shape (see figure 1), and a shape feature (stripes, stars, or checked pattern; see [0029]), wherein the area specific-shape defines a first outer perimeter (see figure 1) and the shape feature (stripes, stars, or checked pattern) has a second perimeter that is within the first outer perimeter of the area-specific shape (See figure 1 that the stripes define a second perimeter that is within the first, outer perimeter of the area specific shapes), wherein,
each different color indicates a different active agent (skin exfoliant; see [0036] in reference to a distinct color to provide indicia with regards to the type of skin exfoliant included in a particular portion; see [0028] in reference to the different skin exfoliants (active agents) contemplated for use);
each area-specific shape conforms to a specific area of a face or skin (see figure 1)
the plurality of color-coded substrates (102, 104-120) includes at least one color-coded substrate with an active agent effective to treat acne (as discussed above, the skin exfoliant is an active agent for the treatment of acne).
Smith does not disclose color coded substrates having a different shape feature indicates incompatibility between the different active agents among color-coded substrates having different colors, and
the plurality of color-coded substrates includes at least one color-coded substrate with an active agent effective to treat pigmentation, at least one color-coded substrate with an active agent effective to treat wrinkles, and at least one color-coded substrate with an active agent effective to treat post inflammatory hyper-pigmentation.
However, [0028] of Smith discloses multiple exfoliants (active agents) contemplated for use, and [0029] of Smith teaches partitions intended for older, sensitive, or acne-impacted skin may be marked with a particular color or pattern… stripes, stars, or a checked pattern to indicate that these partitions are intended for use in a common region of the user anatomy and may have a skin-exfoliant of similar strength” thus making obvious the use of a shape feature for specific skin conditions. Smith also teaches in [0036] that “each partition may include visual indicia such as distinct color, pattern, or visible surface texture. In various embodiments, visual indicia provide information about the strength and type of skin exfoliant included in a particular partition” thus making obvious the use of particular colors and visual indicia (such as the stripes, stars, and checked patterns) dependent on the strength and type of skin exfoliant used.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that although Smith is silent as to different shape features indicating incompatibility between the different active agents among color-coded substrates having different colors, given the fact that Smith discloses the partitions each have a specific shape feature, and are color coded to indicate the type or strength of an exfoliant to be used in a common area, the shape features are considered to be indicative of compatibility (and therefore incompatibility as well) between different active agents to be used on the user’s anatomy. Furthermore the use of a different shape feature that indicates an incompatibility between different active agents among color-coded substrates with different colors would enable users and/or their physicians to easily select partitions having a desired skin exfoliant type and strength that is appropriate (incompatibility being a measure of appropriateness) for each portion of the user's anatomy intended for treatment provide to provide users with a skin exfoliant applicator that can be tailored to the exfoliation needs of individual portions of the user's anatomy (see [0036]) as well as preventing a user from selecting partitions with two incompatible agents that would either negate the positive effects of one another, or could mix and cause a harmful and damaging reaction on the user’s skin.
Smith as now modified still does not disclose the plurality of color-coded substrates includes at least one color-coded substrate with an active agent effective to treat pigmentation, at least one color-coded substrate with an active agent effective to treat wrinkles, and at least one color-coded substrate with an active agent effective to treat post inflammatory hyper-pigmentation.
However, Miles teaches an analogous plurality of substrates (12a-g; see [0025]; see figure 3) for the analogous application to a user’s face (see figure 6) for the treatment of a skin concern (see [0025] in reference to anti-ageing, anti-wrinkle, and skin exfoliation applications); the plurality of substrates (12a-g) includes at least one substrate with an active agent effective to treat pigmentation (see [0032] in reference to the patch being selectively impregnated with ceramides and niacinamides which are active agents which treat pigmentation), at least one substrate with an active agent effective to treat wrinkles (see [0032] in reference to the patch being selectively impregnated with ingredients which claim to reduce wrinkles, thus, each listed ingredient is an active agent to treat wrinkles), and at least one substrate with an active agent effective to treat post inflammatory hyper-pigmentation (see [0032] in reference to the patch being selectively impregnated with ceramides, niacinamides, peptides, and vitamin A (retinoids) which are active agents to treat PIH) for the purpose of providing a skin treatment system which may be used for anti-ageing, anti-wrinkle, and skin exfoliation applications (see [0008]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of color-coded substrates as disclosed by Smith and to have included the additional substrates selectively impregnated with active agents effective to treat pigmentation, wrinkles, and post inflammatory hyper-pigmentation as taught by Miles in order to have provided an improved system of color-coded substrates that would add the benefit of providing a skin treatment system which may be used for anti-ageing, anti-wrinkle, and skin exfoliation applications (see [0008]) thereby increasing the number of skin concerns which the system of color-coded substrates is capable of treating.
In regards to claim 5, Smith discloses A system (100; see [0034]; see figure 1) of color-coded substrates (see [0033] in reference to identifying skin exfoliants based on visual indicia such as color on the partitions) for application to skin for the treatment of skin concerns (see [0037] in reference to the partitions including a skin exfoliant for removal of particles such as dead skin, oil, and debris which causes acne; thus, the system is a treatment for at least acne), comprising:
a plurality of color-coded substrates (102, 104-120; see [0034]; see figure 1; see [0036] in reference to “the exterior surface of each partition may include visual indicia such as distinct color”), each color-coded substrate (102, 104-120) has a color (see [0036]), an area specific shape (see figure 1), and a symbol (stripes, stars, or checked pattern; see [0029]; see figure 1), wherein the area specific-shape defines a first outer perimeter (see figure 1) of the color coded substrate (102, 104-120) and the symbol (stripes, stars, or checked pattern) has a second perimeter that is within the first outer perimeter of the color-coded substrate (102, 104-120; See figure 1 that the stripes define a second perimeter that is within the perimeter of the color-coded substrate),wherein,
each different color indicates a different active agent (see [0036] in reference to a distinct color to provide indicia with regards to the type of skin exfoliant included in a particular portion; see [0028] in reference to the types of exfoliants (active agents) to be used);
each area-specific shape conforms to a specific area of a face or skin (see figure 1)
the plurality of color-coded substrates (102, 104-120) includes at least one color-coded substrate with an active agent effective to treat acne (as discussed above, the skin exfoliant is an active agent for the treatment of acne).
Smith does not disclose color coded substrates having a different symbol indicates incompatibility between the different active agents among color-coded substrates having different colors, and
the plurality of color-coded substrates includes at least one color-coded substrate with an active agent effective to treat pigmentation, at least one color-coded substrate with an active agent effective to treat wrinkles, and at least one color-coded substrate with an active agent effective to treat post inflammatory hyper-pigmentation.
However, [0028] of Smith discloses multiple exfoliants (active agents) contemplated for use, and [0029] of Smith teaches partitions intended for older, sensitive, or acne-impacted skin may be marked with a particular color or pattern… stripes, stars, or a checked pattern to indicate that these partitions are intended for use in a common region of the user anatomy and may have a skin-exfoliant of similar strength” thus making obvious the use of a symbol for specific skin conditions. Smith also teaches in [0036] that “each partition may include visual indicia such as distinct color, pattern, or visible surface texture. In various embodiments, visual indicia provide information about the strength and type of skin exfoliant included in a particular partition” thus making obvious the use of particular colors and symbols (such as the stripes, stars, and checked patterns) dependent on the strength and type of skin exfoliant used.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that although Smith is silent as to different symbols indicating incompatibility between the different active agents among color-coded substrates having different colors, given the fact that Smith discloses the partitions each have a specific symbol, and are color coded to indicate the type or strength of an exfoliant to be used in a common area, the symbols are considered to be indicative of compatibility (and therefore incompatibility as well) between different active agents to be used on the user’s anatomy. Furthermore the use of a different symbol that indicates an incompatibility between different active agents among color-coded substrates with different colors would enable users and/or their physicians to easily select partitions having a desired skin exfoliant type and strength that is appropriate (incompatibility being a measure of appropriateness) for each portion of the user's anatomy intended for treatment provide to provide users with a skin exfoliant applicator that can be tailored to the exfoliation needs of individual portions of the user's anatomy (see [0036]) as well as preventing a user from selecting partitions with two incompatible agents that would either negate the positive effects of one another, or could mix and cause a harmful and damaging reaction on the user’s skin.
Smith as now modified still does not disclose the plurality of color-coded substrates includes at least one color-coded substrate with an active agent effective to treat pigmentation, at least one color-coded substrate with an active agent effective to treat wrinkles, and at least one color-coded substrate with an active agent effective to treat post inflammatory hyper-pigmentation.
However, Miles teaches an analogous plurality of substrates (12a-g; see [0025]; see figure 3) for the analogous application to a user’s face (see figure 6) for the treatment of a skin concern (see [0025] in reference to anti-ageing, anti-wrinkle, and skin exfoliation applications); the plurality of substrates (12a-g) includes at least one substrate with an active agent effective to treat pigmentation (see [0032] in reference to the patch being selectively impregnated with ceramides and niacinamides which are active agents which treat pigmentation), at least one substrate with an active agent effective to treat wrinkles (see [0032] in reference to the patch being selectively impregnated with ingredients which claim to reduce wrinkles, thus, each listed ingredient is an active agent to treat wrinkles), and at least one substrate with an active agent effective to treat post inflammatory hyper-pigmentation (see [0032] in reference to the patch being selectively impregnated with ceramides, niacinamides, peptides, and vitamin A (retinoids) which are active agents to treat PIH) for the purpose of providing a skin treatment system which may be used for anti-ageing, anti-wrinkle, and skin exfoliation applications (see [0008]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of color-coded substrates as disclosed by Smith and to have included the additional substrates selectively impregnated with active agents effective to treat pigmentation, wrinkles, and post inflammatory hyper-pigmentation as taught by Miles in order to have provided an improved system of color-coded substrates that would add the benefit of providing a skin treatment system which may be used for anti-ageing, anti-wrinkle, and skin exfoliation applications (see [0008]) thereby increasing the number of skin concerns which the system of color-coded substrates is capable of treating.
In regards to claim 8, Smith as now modified by Miles discloses the invention as discussed above.
Smith as now modified by Miles does not disclose the different active agents include at least one hydrocolloid. Smith discloses the first color-coded substrate (102) comprises an adhesive (skin adhesive for temporary adhering; see [0052])
However, Miles further teaches the different active agents (agents used for anti-ageing, anti-wrinkle, and skin exfoliation applications) includes at least one hydrocolloid (16; see [0028]; see figure 4) for the purpose of providing a tacky surface which is capable of maintaining good adhesion throughout use of the device (see [0028]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the adhesive layer as disclosed by Smith as now modified by Miles and to have formed the adhesive layer as a hydrocolloid layer as taught by Miles in order to have provided an improved layer which adheres the patch to the user that would add the benefit of providing a tacky surface which is capable of maintaining good adhesion throughout use of the device (see [0028]). Furthermore, the use of a hydrocolloid adhesive would add the known benefits of providing easy removal from the user upon removal of the device.
In regards to claim 9, Smith as now modified by Miles discloses the invention as discussed above.
Smith further discloses wherein each in the plurality of color-coded substrates (102, 104-120) has an adhesive on one side (exfoliant adhesive coating; see [0031]).
In regards to claim 10, Smith as now modified by Miles discloses the invention as discussed above.
Smith further discloses wherein the shape feature (stripes, stars, or checked pattern) includes at least one angle formed from two straight lines (stars have at least one angle formed from two straight lines).
In regards to claim 13, Smith as now modified by Miles discloses the invention as discussed above.
Smith further discloses wherein the area-specific shapes are selected from a circle (see figure 8), square (see figure 5 and 9), triangle (see figure 2), chevron, crescent (see figure 4), and parallelogram.
In regards to claim 14, Smith as now modified by Miles discloses the invention as discussed above.
Smith further discloses wherein the color-coded substrates (102 and 104) include bandages, patches, carriers, or tapes (see [0029] that 102 and 104 can be placed over acne (a type of wound/infection) and therefore are considered to be bandages).
Examiner further notes that as seen figure 1 that 102 and 104 are thin, film-like devices placed over a user’s pores, and therefore can be considered patches. Also, 102 and 104 as per [0028] carry multiple layers of different kinds of exfoliants, and therefore can be considered carriers. Finally, 102 and 104 are devices which comprise an adhesive backing (see [0024]), and therefore can be considered tapes.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Miles as applied to claim 2 above, and further in view of Cabigon et al. (WO 2020/183350 A1) (hereinafter Cabigon).
In regards to claim 3, Smith as now modified by Miles discloses the invention as discussed above.
Smith as now modified by Miles does not explicitly disclose wherein color-coded substrates having different shades of a same color have different dosages of the active agent for a same skin concern. Smith teaches in [0036]: “each partition may include visual indicia such as distinct color, …visual indicia provide information about the strength and type of skin exfoliant included in a particular partition”. While strength of a particular type of a skin exfoliant may be linked to the dosage or amount used, Smith does not explicitly state as such.
However, Cabigon teaches an analogous substrate (transdermal patch; see [0017]) comprising an active agent (cannabinoid; see [0017]) wherein the substrates are color-coded (see [0017] in reference to “the transdermal patch kit may be color coded by type of cannabinoid or dosage”), wherein color-coded substrates (transdermal patch) having different shades of a same color (color coded by dosage is considered to encompass different shades of the same color) have different dosages of the active agent (see [0017]) for the purpose of allowing the user to select the specific ailment they want to treat and adjust the suggested dose/concentration received from the treatment (see [0019]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the color-coded substrates as disclosed by Smith as now modified by Miles and to have color coded the substrates in different shades of the same color to indicate dosages of the active agent as taught by Cabigon in order to have provided an improved system of color-coded substrates that would add the benefit of allowing the user to select the specific ailment they want to treat and adjust the suggested dose/concentration received from the treatment (see [0019]).
Conclusion
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/DANIEL A MILLER/Examiner, Art Unit 3786