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 .
Objections/Rejections Withdrawn
Rejections and/or objections not reiterated from previous Office Actions are hereby withdrawn.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, and constitute the complete set presently being applied to the instant application.
Response to Arguments
Applicant’s arguments, see Pg 6, filed 7/1/2026, with respect to the objections to the specification for sequence non-compliance have been fully considered and are persuasive. Specifically, the argument that the sequence Pal-Val-Tyr-Val is a tripeptide with an N-terminal palmitoyl group is found persuasive. The objection to this particular sequence has been withdrawn. However, other non-compliant sequence issues have been noted in the application; see more below.
Applicant's arguments, see Pg 7-8, filed 7/1/2026, with respect to the rejections under 35 U.S.C. 102(a)(1) and (a)(2) have been fully considered but they are not persuasive.
Applicant’s position is that Peschard does not anticipate or render obvious the claims as amended at least in view of the fact that the peptidic sequences of the claims include the subsequence “LE” and the claimed peptides exhibit the ability to improve the skin and its integuments that are not taught or suggested by Peschard. This is not found persuasive because Peschard teaches a formula that anticipates the elected SEQ ID NO: 38. Moreover, one skilled in the art would recognize that the amino acid sequence of a peptide confers its functionality; thus, by teaching a peptide with the same structure as SEQ ID NO: 38, Peschard inherently teaches its functions as well. Therefore, the rejections under 35 U.S.C. 102(a)(1) and (a)(2) have been modified/maintained herein.
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-13, in the reply filed on 1/22/2026 is acknowledged. The traversal is on the ground(s) that it would not present an undue burden on the Examiner to search multiple species of active ingredients while searching the specific elected tetrapeptide. This is not found persuasive. As stated in the prior Restriction Requirement and reiterated here, the technical feature (tetrapeptide) of the claims is not a special technical feature as it does not make a contribution over the prior art in view of Willert (WO2020/154475 A1, published 7/30/2020), which teaches the species KLEL (instant SEQ ID NO: 27). Therefore, the requirement is still deemed proper and is therefore made FINAL.
Applicant’s election of the species SEQ ID NO: 38 in addition to Pal-GHK + Pal-GQPR as additional active ingredients in the reply filed on 1/22/2026 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)).
Claim Status
Claims 2 and 8-22 are pending. Claims 2 and 14-17 are withdrawn; additionally, 9-13 and 22 are hereby withdrawn as a non-elected invention (claim 22) and for depending on a withdrawn claim (claims 9-13). Claims 1 and 3-7 are cancelled. Claims 8 and 18-21 are currently under examination on the merits in this Office Action.
Priority
The instant application is the 371 national stage entry of PCT/EP2021/081930, filed 11/17/2021, which claims priority to FR2011743, filed 11/17/2020. The translation of FR2011743, filed 7/15/2025, is acknowledged. The priority date of 11/17/2020 is acknowledged.
Nucleotide and/or Amino Acid Sequence Disclosures
REQUIREMENTS FOR PATENT APPLICATIONS CONTAINING NUCLEOTIDE AND/OR AMINO ACID SEQUENCE DISCLOSURES
Items 1) and 2) provide general guidance related to requirements for sequence disclosures.
37 CFR 1.821(c) requires that patent applications which contain disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR 1.821(a) must contain a "Sequence Listing," as a separate part of the disclosure, which presents the nucleotide and/or amino acid sequences and associated information using the symbols and format in accordance with the requirements of 37 CFR 1.821 - 1.825. This "Sequence Listing" part of the disclosure may be submitted:
In accordance with 37 CFR 1.821(c)(1) via the USPTO patent electronic filing system (see Section I.1 of the Legal Framework for Patent Electronic System (https://www.uspto.gov/PatentLegalFramework), hereinafter "Legal Framework") as an ASCII text file, together with an incorporation-by-reference of the material in the ASCII text file in a separate paragraph of the specification as required by 37 CFR 1.823(b)(1) identifying:
the name of the ASCII text file;
ii) the date of creation; and
iii) the size of the ASCII text file in bytes;
In accordance with 37 CFR 1.821(c)(1) on read-only optical disc(s) as permitted by 37 CFR 1.52(e)(1)(ii), labeled according to 37 CFR 1.52(e)(5), with an incorporation-by-reference of the material in the ASCII text file according to 37 CFR 1.52(e)(8) and 37 CFR 1.823(b)(1) in a separate paragraph of the specification identifying:
the name of the ASCII text file;
the date of creation; and
the size of the ASCII text file in bytes;
In accordance with 37 CFR 1.821(c)(2) via the USPTO patent electronic filing system as a PDF file (not recommended); or
In accordance with 37 CFR 1.821(c)(3) on physical sheets of paper (not recommended).
When a “Sequence Listing” has been submitted as a PDF file as in 1(c) above (37 CFR 1.821(c)(2)) or on physical sheets of paper as in 1(d) above (37 CFR 1.821(c)(3)), 37 CFR 1.821(e)(1) requires a computer readable form (CRF) of the “Sequence Listing” in accordance with the requirements of 37 CFR 1.824.
If the "Sequence Listing" required by 37 CFR 1.821(c) is filed via the USPTO patent electronic filing system as a PDF, then 37 CFR 1.821(e)(1)(ii) or 1.821(e)(2)(ii) requires submission of a statement that the "Sequence Listing" content of the PDF copy and the CRF copy (the ASCII text file copy) are identical.
If the "Sequence Listing" required by 37 CFR 1.821(c) is filed on paper or read-only optical disc, then 37 CFR 1.821(e)(1)(ii) or 1.821(e)(2)(ii) requires submission of a statement that the "Sequence Listing" content of the paper or read-only optical disc copy and the CRF are identical.
Specific deficiencies and the required response to this Office Action are as follows:
Specific deficiency – Nucleotide and/or amino acid sequences appearing in the specification are not identified by sequence identifiers in accordance with 37 CFR 1.821(d).
Required response – Applicant must provide:
A substitute specification in compliance with 37 CFR 1.52, 1.121(b)(3) and 1.125 inserting the required sequence identifiers, consisting of:
A copy of the previously-submitted specification, with deletions shown with strikethrough or brackets and insertions shown with underlining (marked-up version);
A copy of the amended specification without markings (clean version); and
A statement that the substitute specification contains no new matter.
See 1) Abstract (two sequences) and 2) Pg 14, a) the sentence immediately below “A- Example of synthesis…” and b) the final sentence of this paragraph (recites “the palmitoyl-lecuyl-lysyl-leucyl-glutamic acid”).
Specification
The disclosure is objected to because of the following informalities: Pg 12 lists
“Serilesine™ (Ser-Ile-Lys-Val-Ala-Val)” as SEQ ID N° 62 rather than SEQ ID NO: 62. Please amend “SEQ ID N° 62” to “SEQ ID NO: 62” so that all of the disclosed sequences follow the same annotation. Appropriate correction is required.
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.
Claim 21 is 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.
Claim 21 recites the composition comprises an active ingredient for the formulation of a final composition intended for a consumer. The scope of claim 21 is indefinite because it is unclear what exactly a “for the formulation of a final composition intended for a consumer” refers to.
For purposes of examination, this limitation is being interpreted as said compositions are designed for cosmetic purposes and, therefore, intended for a consumer.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 21 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Per the interpretation of claim 21, as described above, it does not further limit claim 18 from which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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.
(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) 8 and 18-21 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Peschard et al. (US20180000717A1, published 1/4/2018).
Peschard teaches peptides comprising at least one amino acid selected from lysine, ornithine, diaminopropionic acid or diaminobutyric acid or a derivative thereof for use in topical cosmetic treatments (Abstract).
Peschard teaches that said peptides have the general formula I: X-(AA)n-(AA)*-(AA)m-Z, wherein AA* can be lysine, n and m can be 0-4, AA can be selected from lysine, aspartic acid, glutamic acid, and leucine among others, selected independently from each other when n+m>1; X is selected from H, -COR1, and SO2R1; and Z is selected from OH, OR1, NH2, NHR1, NR1R2; and R1 and R2 are, independently, alkyl, aryl, aralkyl, alkylaryl, alkoxy and aryloxy radical, that can be linear, branched, cyclic, polycyclic, unsaturated, hydroxylated, carbonylated, phosphorylated and/or sulphated, which said radical can comprise in its skeleton a heteroatom, in particular O, S and/or N ([0031-0038]). Additionally, R1 and/or R2 is an alkyl chain comprising 1 to 24 carbon atoms, preferably a lipophilic alkyl chain comprising 3 to 24 carbon atoms ([0065]).
Based on the general Formula 1 of Peschard, when X is palmitoyl (C16), Z is OH, (AA)* is Lys, (AA)n is Leu and n is 1, (AA)m is Leu and then Glu and m is 2 reads on the elected SEQ ID NO: 38. Thus, claim 8 is anticipated.
Peschard teaches cosmetics comprising as an active ingredient at least one peptide and a physiologically acceptable medium ([0093]). Thus, claim 18 is anticipated.
Peschard teaches the peptidic compound(s) may be combined with at least one of compounds selected from compounds of the vitamin B3, compounds such as niacinamide or tocopherol, retinoid compounds such as retinol, hexamidine, α-lipoic acid, resveratrol or DHEA, or hyaluronic acid among other compounds ([0131]). Thus, claim 19 is anticipated.
Peschard teaches adding additional active ingredients to said composition such as the mixture of Pal-GKH and Pal-GQPR ([0121]); said compositions are designed for cosmetic purposes and, therefore, intended for a consumer. Thus, claims 20 and 21 are anticipated.
Conclusion
No claim is allowed.
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 Sara E Konopelski Snavely whose telephone number is (571)272-1841. The examiner can normally be reached Monday - Friday 9-6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melissa L Fisher can be reached at 571-270-7430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARA E KONOPELSKI SNAVELY/Examiner, Art Unit 1658
/Melissa L Fisher/Supervisory Patent Examiner, Art Unit 1658
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