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
Election/Restrictions
Claims 1, 2, 5, and 8-22 are pending.
Applicant’s election of Group III, claims 8, and 11-16, in the reply filed on 11/17/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)).
Claims 1, 2, 5, 9, 10, and 17-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
Claims 8, and 11-16 are objected to because of the following informalities:
Claim 8 is dependent upon a withdrawn claim, claim 1, claim 8 should be rewritten into an independent claim.
All other cited claims depend directly or indirectly from objected claims and are, therefore, also, objected for the reasons set forth above.
Claim Rejections –35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 8, and 11-16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by database GNPD MINTEL (anonymous: Bright Micro Solution Cleanser, XP055755168, Database accession no. 7261683, 3/12/2020, see IDS filed on 4/20/23).
Anonymous teaches acne clear solution cleanser (thus with the claimed inherent mechanism of reduction of sebum production and/or reduction of the volume of the sebaceous glands and/or improvement of sebum quality, thus claims 8 and 11 are met, thus for improvement of skin barrier, for reduction of porphyrin intensity, for micro balancing effect on acneic phylotype of P. acne (IA1), thus claims 13, 14, and 16 are met) thus a cosmetic composition, thus to human skin, thus for improvement of acne condition, thus claim 12 is met) with the function of moisturizing/hydrating function (thus for prevention of dry skin, thus claim 15 is met), comprising Mangifera indica leaf extract (thus the claimed plant material), Aqua (thus the claimed water), and propanediol (thus provided in a mixture of propanediol and water as carrier solvent, thus claim 1 is met) (see the whole article).
Therefore, the reference is deemed to anticipate the instant claim above.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIUWEN MI whose telephone number is (571)272-5984. The examiner can normally be reached on Monday-Friday 9:00 am to 5:00 pm.
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/Qiuwen Mi/
Primary Examiner, Art Unit 1655