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 .
DETAILED ACTION
STATUS OF THE CLAIMS: Claims 1-21 are pending in this application.
Election/Restrictions
Applicant’s election of species in the reply filed on October 22, 2025 is acknowledged. All claims were examined in its entirety.
Claim Rejections - 35 USC § 112, second paragraph
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 9-12 and 18-21 (including claims dependent thereon) 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.
Claims 9-12 recites the limitation "treatment" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al., (US Pub. 20190328647).
Applicant claims the following:
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Additionally, in claim 13, Applicant claims a method for treating dandruff with said hair composition, and in dependent claims 2-12 and 14-21, Applicant claims the hair composition with various weight ration of homopolymer/copolymer to piroctone and various piroctone, copolymers and their different weight ratio.
Chang teaches hair compositions comprising a piroctone compound, cationic homopolymer/and/or copolymer comprising an acrylamidopropyltrimonium moiety having a charge density of 0.25-7 and molecular weight of 250,000- 2,500,000 (at pH 7). Additionally, this reference teaches that the hair compositions can be used as anti-dandruff agents. (See Abstract and paragraphs [0025], [0101]-[0102] and [0104]).
Chang does not teach hair compositions comprising a piroctone compound, cationic homopolymer/and/or copolymer comprising an acrylamidopropyltrimonium moiety having a charge density of 3.5 meq/g and molecular weight of 100,000-500,000 g/mol.
It would have been obvious to one having ordinary skill in the art at the time of the invention to be motivated to apply the method of Chang by including a hair composition comprising a piroctone compound, cationic homopolymer/and/or copolymer comprising an acrylamidopropyltrimonium moiety having a charge density of 3.5 meq/g and molecular weight of 100,000-500,000 g/mol for the purpose of maximizing the efficacy and effects, and thus treating dandruff. The ranges of the amounts of the ingredients of a composition amount to matters which could be optimized by a person skill in the art through repeated experimentation, and the effect could be achieve and predicted by repeated or routine experimentation. Thus, one having ordinary skill in the art at the time of the invention wanting a new hair composition to treat dandruff would be motivated to apply the method of Chang by altering the MW and charge density. The ranges of the amounts of constituent ingredients of a composition amount to matters which could be optimized by a person skilled in the art through repeated or routine experimentation, and the effects achieved could be predicted. Thus, Applicant’s claims are obvious in view of the teachings of Chang.
Since Applicant’s claims are prima facie obvious in view of the teachings of Chang, Applicant’s claims are obvious, and therefore, rejected under 35 U.S.C. 103.
Conclusion
Claims 1-21 are pending. Claims 1-21 are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL V WARD whose telephone number is (571)272-2909. The examiner can normally be reached M-F 9am to 5pm.
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/PAUL V WARD/ Primary Examiner, Art Unit 1622
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