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
The Amendments filed on 4/8/2026 has been received and entered.
Claims 11-21 are pending. Claims 11-21 are examined on the merits.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Any rejection not reiterated below are hereby withdrawn.
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.
Response to Amendment
Claim Rejections - 35 USC § 102
Claim(s) 11-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li et al. (CN 111135133 A). This is not a new rejection but with slight modification.
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. The mechanism of inhibiting protein kinas C-delta induced by ultraviolet A irradiation would inherently occur when the same composition is applied on skin and the subject is exposed to the sun. Therefore, the reference anticipates the claims.
Response to Arguments
Applicant argues that Li et al. does not teach inhibition of protein kinase C-delta pathway.
In response to Applicant’s argument, 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). The cosmetics is applied to skin (Table 4). A disclosure of the exact mechanism of action is not required. The reference specifically claims using hops extract in a composition for skin moisturizing. The reference gives the activity and the appropriate dosage amount to treat skin dryness. Therefore, an artisan of ordinary skill would clearly see that this reference shows that using hops extract to treat skin dryness was known in the art at the time of the invention.
Conclusion
THIS ACTION IS MADE FINAL. 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 CATHERYNE CHEN whose telephone number is (571)272-9947. The examiner can normally be reached Monday-Friday 9-5:30 PM.
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Catheryne Chen Examiner Art Unit 1655
/ANAND U DESAI/Supervisory Patent Examiner, Art Unit 1655
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