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 .
Applicants' arguments, filed 02/17/2026, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Claim Rejections - 35 USC § 102
New Rejection
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 2, 13-19, 21, 22 and 24, 31-38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baptiste et al. (WO2018099570, disclosed by applicant).
Baptiste et al. disclose a cosmetic composition blend comprising at least one TRPV1 and /or TRPV3 modulator and at least one 1,2-alkandiol having 5 to 12 carbons atoms (Abstract). Baptiste et al. disclose the at least one 1,2-alkandiol include 1,2-octanediol, 1,2-hexanediol, 1,2-nonandiol, 1,2-heptanediol, and mixtures thereof; wherein if the alkanediols are mixed in equal amounts would meet the limitation of instant claim 14 (p. 5, lines 5-10). Baptiste et al. disclose a sun protection spray comprising 1,2-heptanediol at a concentration of 0.25%, which has a maximum water solubility of less than or equal to 10% by weight as defined in the instant specification; UV filters: homosalate, ethylhexyl methoxycinnamate and butyl methoxydibenzoylmethane at a concentration of about 12% , which meets the limitation of UV filter; perfume oil, the fatty acid ester diethylhexylnaphthalate ([0197], Table 29). Baptiste et al. disclose the said sun protection spray comprises dimethicone as an oil component at a concentration of 1% and would meet the limitation of a liquid formulation of instant claim 22. The compositions of the instant claims comprise similar components at similar concentrations, therefore the compositions would be expected to improve the solubility of the solid UV filter in the cosmetic. The composition of the reference anticipates the instant claims.
Affidavit
The affidavit under 37 CFR 1.132 filed 02/17/2026 is insufficient to overcome the rejection of claim1, 2, 13-19, 21, 22, 24 and 31-38 based upon 35 U.S.C. 102(a)(1) as being anticipated by Baptiste et al. as set forth in the last Office action because: a 1.132 cannot overcome a 102 rejection.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NANNETTE HOLLOMAN whose telephone number is (571)270-5231. The examiner can normally be reached Monday-Friday 9am-6pm.
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, Sahana S. Kaup can be reached at 571-272-6897. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NANNETTE HOLLOMAN/Primary Examiner, Art Unit 1612
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