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 .
Election/Restrictions
Claims 12, 15-16, and 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 3, 2025.
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 1-11, 13-14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bacon et al (WO 96/12467) in view of Kurashima et al (US 2012/01694092) and further in view of Costa et al (WO 2016/075328).
With regards to claim 1, Bacon teaches a leave-on hair care composition (abstract) that contains from about 0.005 to about 6% of a perfume (abstract) and water and/or alcohols (lines 40-54) wherein the amount of ethanol is 54% (reading on a about 50%) and the amount of water to be 41.95% (page 74 examples 59-62). Bacon further teaches the addition of propylene glycol (reading on propanediol) in an amount of 0.01-10% by weight (lines 1380-1385). Bacon teaches the composition to have a lasting olfactory sensation (abstract) and to be used as a spray (lines 1445-1450) that is a non-aerosol (lines 1500-1505).
Bacon does not teach the addition of a solubilizer.
Kurashima teaches a hair styling cosmetic composition that contains water (abstract) and a fragrance (0068). Kurashima further teaches the composition to contain polyethylene glycol (as applicants cite in the specification as reading on a solubilizer) (0017) and teaches the motivation for adding said compound to be because it contributes to the composition not having a sticky feeling and because the composition is water based, this allows for the ingredients to be widely and evenly applied to the hair (0034). Kurashima and Bacon are analogous in the art of hair care products. In light of the benefit above, it would have been obvious to one skilled in the art prior to the effective filing date of the present invention to add the polyethylene glycol of Kurashima to the composition of Bacon, thereby obtaining the present invention.
Bacon does not teach the addition of ethylhexylglycerin.
Costa teaches a perfumed fragrance composition with at least one volatile alcohol and water (abstract) and a fragrance (page 4). Costa teaches the addition of ethylhexylglycerin (abstract) at a concentration of 0.1 to 12%. Costa teaches the motivation for adding this compound to be because the soubility of non-water souble components is even higher allowing for higher amounts of polyamide, water or both (page 6). Bacon and Costa are analogous in the art of fragranced cosmetic compositions. In light of the benefit above, it would be obvious to one skilled in the art prior to the effective filing date of the present invention to add the ethylhexylglycerin of Costa to the composition of Bacon, thereby obtaining the present invention.
With regards to claims 2, 3, and 9, Bacon teaches the addition of additives such as aloe vera in an amount of about 2 to about 5% (lines 2095-2100).
With regards to claim 4, Bacon, Kurashima, and Costa do not teach the exact claimed amounts of each component. However, generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by prior art unless there is evidence indicating such concentration or temperature is critical. See MPEP 2144.05. Further, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 124 (CCPA 1955). In this case, one skilled in the art prior to the effective filing date of the present invention would know to alter the concentrations of ingredients in order to enhance the property and/or effect they provide as described below.
With regards to the fragrance, one skilled in the art prior to the effective filing date of the present invention would know to alter the concentration in order to achieve the desired scent and intensity of the scent in the composition.
With regards to the solubilizer, one skilled in the art prior to the effective filing date of the present invention would know to alter the concentration in order to balance the solubility of the compounds with the effect on the viscosity.
With regards to the ethylhexylglycerin, one skilled in the art prior to the effective filing date of the present invention would know to alter the concentration in order to achieve the desired amount of solubility of the non-water-soluble compounds while allowing for the desired amount of water.
With regards to the propanediol, one skilled in the art prior to the effective filing date of the present invention would know to alter the concentration in order to achieve the desired slippery feel of the composition.
With regards to the alcohol, one skilled in the art prior to the effective filing date of the present invention would know to alter the concentration in order to achieve the desired solubility of the non-water-soluble compounds as well as to achieve the desired viscosity.
With regards to the water, one skilled in the art prior to the effective filing date of the present invention would know to alter the concentration in order to achieve the desired viscosity of the composition.
With regards to claims 5 and 10, Bacon teaches the addition of an amino acid (lines 1585-1600).
With regards to claim 6, Bacon teaches the fragrance to include eau de toilette or eau de cologne (lines 155-160).
With regards to claim 7, Bacon teaches the composition to be dispensed using a non-aerosol pump spray (lines 1500-1505) and the mixture to be uniformly mixed (lines 1615-1620) and for the spray to be a uniform spray (lines 1485-1490).
With regards to claim 8, Bacon teaches the composition to provide an improved shine to the hair (lines 1210-1215).
With regards to claim 11, Bacon does not teach the composition to contain a VOC (example 74).
With regards to claims 13 and 14, Bacon teaches the addition of a perfume (abstract) in an amount of 0.001 to 50% by weight (abstract).
With regards to claim 17, Bacon teaches the addition of extenders to extend the release of the perfume (lines 150-160).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at 5712721130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JESSICA WHITELEY/Primary Examiner, Art Unit 1763