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
Claims 11-13 are pending. Claims 11-13 are examined on the merits.
Election/Restrictions
Applicant’s election of the species an extract of hops in the reply filed on 11/24/2025 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 § 818.01(a)).
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 12/8/2025, 7/25/2025, 5/12/2023, 4/26/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. The signed IDS forms are attached with the instant office action.
Claim Rejections - 35 USC § 112
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.
Claims12-13 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.
In Claim 12, the term “mass” is indefinite. It is not clear what amounts of the substance need to be present in order for the compositions to be considered “by mass” in these compounds. “Mass” is an inherent part of the chemical matter that cannot be changed. Is Applicant claiming weight? Please amend or explain.
In Claim 13, the term “base” is indefinite because one does not know what is meant by “base” as “base” has many terms and meanings. Is Applicant claiming the protein kinase C-delta inhibitor attached to something or is it dissolved in a carrier substrate? Please clarify or amend.
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)(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.
Claim(s) 11-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li et al. (CN 111135133 A).
Li et al. teaches a method of using cosmetic preparation using beer brewing residue extract comprising 1% hops extract in deionized water (page 6, Example 6). Water can be a base for cosmetics. The cosmetics is applied to skin (Table 4). The same hops extract would have the same effect at the same concentration and same application to skin. Therefore, the reference anticipates the claims.
Conclusion
No claims are allowed.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERYNE CHEN whose telephone number is (571)272-9947. The examiner can normally be reached on Monday-Friday 9-5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anand U Desai can be reached on 571-272-0947. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Catheryne Chen Examiner Art Unit 1655
/ANAND U DESAI/Supervisory Patent Examiner, Art Unit 1655
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