DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after December 28, 2022, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
Receipt is acknowledged of Applicants’ claimed invention filed on 12/28/2022 in the matter of Application N° 18/090,154. Said documents are entered on the record. The Examiner further acknowledges the following:
The present application, filed on or after December 28, 2022, is being examined under the first inventor to file provisions of the AIA .
Thus, claims 68-87represent all claims currently under consideration.
Information Disclosure Statement
ome Information Disclosure Statement, filed on 03/24/2023 is acknowledged and have been considered.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 68-87 are rejected under 35 U.S.C. 103 as being unpatentable over Tokunaga (US20060223728), in view of Genrich et al. (WO2020094244).
Regarding claims 68 and 86 Tokunaga teach to enhance the feel of the hair when shampooing and its manageability, a cationic polymer, silicone derivative, oily material, and similar ingredients are added to a hair cleansing formula. For example, it is suggested that a hair cleansing formula include silicone or a cationic polymer to enhance the feel of the hair while shampooing and to make the hair easier to manage. Adding an organic acid to a hair cosmetic composition is another method for softening hair and making it easier to handle (See 0003).
Tokunaga teaches among hydroxycarboxylic, dicarboxylic, and aromatic carboxylic acids, the organic acid is chosen. Two or more of these organic acids may be used in combination. The ideal range for the component’s content is between 0.05 and 10% (See 0027 and 0028).
Tokunaga teaches depending on its intended usage, the hair cleansing composition of the current invention may incorporate ingredients found in common hair cleansing compositions. Humectants like panthenol are examples of such components (See 0065). Alcohol ethoxylate can be sulfated to create this type of sulfate surfactant, which can subsequently be neutralized using sodium hydroxide or ammonia (See 0019). A surfactant chosen from among anionic surfactants, as opposed to sulfate, cationic, nonionic, and amphoteric surfactants, may also be included in the hair cleansing composition of the current invention (See 0035). The pH of the hair should ideally be 2 or higher but less than 6 when the hair cleansing solution of the current invention is applied to the hair (See 0066).
Regarding claim 69, Tokunaga teaches malonic acid is one of the dicarboxylic acid examples from which the organic acid was chosen. Malic acid is one of the dicarboxylic acid examples from which the organic acid was chosen. Glutaric acid is one of the instances of a dicarboxylic acid from which the organic acid was chosen. The non-methylated form of citraconic acid shares structural similarities with maleic acid. Citric acid, maleic acid, succinic acid, adipic acid, tartaric acid, fumaric acid, and benzoic acid are hydroxycarboxylic acid examples (See 0027).
Regarding claim 70, Tokunaga teaches those with an acyl group with eight to eighteen carbon atoms are favored as fatty acid amidopropylbetaines (See 0040). Examples of the anionic surfactants other than the sulfate surfactants include sulfonate surfactants (See 0036). Sulfonate surfactants are an example of an anionic surfactant that is not sulfate. Among the particular instances are alkyl sulfosuccinates (See 0036). A surfactant chosen from among anionic surfactants other than sulfate, nonionic, amphoteric, and cationic surfactants may also be included in the hair washing composition of the current invention (See 0035).
However, in Tokunaga’s teaching, on anionic mild surfactants are mentioned, alkyl ether sulfosuccinate is not mentioned in them. Acyl isethionates, which are esters made from acyl groups obtained from fatty acids (such as stearic and lauric acids), are also not mentioned. The functional classification of acyl taurates, which include gentle cleansing agents and anionic surfactants, such as shampoos and cleansers, is also not included. Alkyl sulfonates can also be referred to as sulfonate-based surfactants.
Regarding claim 71, Tokunaga teaches a surfactant chosen from among anionic surfactants other than sulfate surfactants may also be included in the hair cleaning composition of the current invention (See 0035). In addition to the sulfate surfactants, two or more of these anionic surfactants can be combined. The ideal range for its content in the current invention’s hair washing composition is 0-10 wt.% (See 0037).
Regarding claim 72, Tokunaga teach the hair cleansing composition of the present invention may further contain a surfactant selected from amphoteric surfactants (See 0035). As the amphoteric surfactant, betaine surfactants can be used. Of these, alkyldimethylaminoacetic acid betaines and fatty acid amidopropylbetaines and alkylhydroxysulfobetaines are preferred, with fatty acid amidopropylbetaines being more preferred (See 0040).
However, in Tokunaga there is no mention of alkyl sultaines and amphoproprionates.
Regarding claim 73, Tokunaga teaches a surfactant chosen from amphoteric surfactants may be included in the hair washing composition of the current invention (See 0035). Combinations of two or more of these amphoteric surfactants are possible. Its content in the current invention’s hair washing formula should ideally range from 0.1 to 15 wt.% (See 0041).
Regarding claim 74, Genrich et al. teach PEG-20 Laurate, PEG-20 Stearate, PEG-40 Stearate, PEG-100 Stearate, PEG-8 Laurate, PEG-150 Distearate, Dimethicone PEG-7 Cocoate, PEG-10 Oleate, PEG-40 Castor Oil, Decylglucosides, Lauryl Glucoside, Cocoglucosides Chloride, Caprylyl/Capryl Glucoside, and Caprylyl Glucoside, (See 0017).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the instant effective filing date to incorporate the teachings of Genrich et al. comprising at least one nonionic surfactant chosen from decylglucoside, laurylglucoside, and cocoglucoside, etc. into the teachings of Tokunaga the hair cleansing composition which may contain elements from other hair cleansing compositions, depending on its intended use.
Regarding claim 75, Tokunaga teaches the hair cleansing composition of the present invention may further contain a surfactant selected from nonionic surfactants. it is possible to utilize two or more of these nonionic surfactants together. The current invention’s hair washing formula should ideally contain between 0.1 and 15 wt.% of it (See 0035 and 0039).
Regarding claims 76 and 82, Tokunaga teaches in order to improve the hair feel during shampooing and manageability of the hair, a cationic polymer, silicone derivative, oily substance and the like are added to a hair cleansing composition. For example, there is a proposal to incorporate a cationic polymer or silicone in a hair cleansing composition for the purpose of improving the hair feel during shampooing and combing ease of the hair (See 0003). Two or more of these cationic polymers may be used in combination. The content of the cationic polymers in the hair cleansing composition of the present invention is preferably from 0.02 to 5 wt. %, in order to improve the foam quality during cleansing and provide manageability and a smooth feel of the hair after drying (See 0053). To the hair cleansing composition of the present invention, a silicone can be added further for improving the texture and a smooth feel of foam, reducing the friction between individual hairs and smoothness of the hair after drying (See 0054).
Regarding claims 77 and 83, Genrich et al. teach the preparations according to the invention may contain electrolytes.
Regarding claim 78, Tokunaga teaches the pH of the hair should ideally be 2 or higher but not 6 when the hair cleansing solution of the current invention is applied to the hair. Examples of pH regulators are sodium hydroxide and sucrose bases (See 0066).
Regarding claims 79, 85 and 87, Tokunaga teaches an organic acid that has been chosen from among aromatic carboxylic acids, dicarboxylic acids, and hydroxycarboxylic acids (See 0008 and 0027). The hair cleansing composition of the present invention may contain, components used for ordinary hair cleansing compositions according to the using purpose of it. Examples of such components include panthenol (See 0065, and 0087).
However, in Tokunaga’s teaching there is no mention of the weight ratio of carboxylic acids panthenol ranges from about 1:3 to about 3:1.
Regarding claim 80, Tokunaga teaches malonic acid is one of the dicarboxylic acid examples from which the organic acid was chosen. Malic acid is one of the dicarboxylic acid examples from which the organic acid was chosen. Examples of the hydroxycarboxylic acids include citric acid (See 0027). These organic acids may be used in combination of two or more. The content of Component is preferably from 0.05 to 10 wt. % (See 0028). The hair cleansing composition of the present invention may contain, in addition to the above-described components, components used for ordinary hair cleansing compositions according to the using purpose of it. Examples of such components include humectants such as panthenol (See 0065). Panthenol is at least 0.05% (See 0087). Such sulfate surfactant can be prepared by sulfating an alcohol ethoxylate, which has been obtained by adding from 0.85 to 1.35 times the mole of ethylene oxide to a higher alcohol R1OH, with from 0.95 to 1.0 equivalent of SO3 and then neutralizing the resulting sulfate with sodium hydroxide (See 0019). The hair cleansing solution may also contain a surfactant selected from among amphoteric, nonionic, or anionic surfactants. when the current invention’s hair cleansing solution is applied to hair, the pH of the hair should be 2 or higher but less than 6 (See 0035 and 0066).
However, in Tokunaga’s teaching there is no mention of the weight amount of panthenol at 0.5%, while Tokunaga mentions panthenol at 0.05%. Furthermore, the entire amount of neutralizing agents, which is around 0.1%, was not mentioned.
Regarding claim 81, Tokunaga teaches the organic acid is selected from hydroxycarboxylic acids, dicarboxylic acids and aromatic carboxylic acids. Examples of the hydroxycarboxylic acids include, citric acid (See 0027).
Regarding claim 82, Tokunaga teaches a cationic polymer, silicone derivative, oily material, and the like are added to a hair washing composition to enhance the sense of manageability and the feel of the hair while shampooing. For example, it is suggested that a hair cleansing formula include silicone or a cationic polymer to enhance the feel of the hair while shampooing and to make combing easier (See 0003). Conditioning shampoo, amino-modified silicone derivative (See 0090).
Regarding claim 84, Tokunaga teaches the hair should ideally have a pH of 2 or higher but less than 6 when the hair cleansing solution of the current invention is applied to it, ideally between 3 and 5. In addition to the organic acids utilized as constituents, examples of pH regulators include inorganic acids and bases such sodium hydroxide (See 0066).
Regarding claims 85 and 87, Tokunaga teaches an organic acid that has been chosen from among aromatic carboxylic acids, dicarboxylic acids, and hydroxycarboxylic acids (See 0008 and 0027).
However, in Tokunaga’s teaching there is no mention of the weight ratio of carboxylic acids panthenol ranges from about 1:3 to about 3:1.
No claim is allowed.
Response to Arguments
Applicant's arguments filed September 16, 2025 have been fully considered but they are not persuasive. Claims 68 and 86 remain rejected under 35 U.S.C. 103 as being unpatentable over Tokunaga et al. in view of Genrich. Applicant contends that Tokunaga fails to disclose the specific surfactant selection (e.g. alkyl ether sulfosuccinates, acyl isethionates, alkyl sultaines and amphopropionates) and a composition containing at least about 0.5 wt% panthenol, asserting that Tokunaga teaches panthenol only at 0.05 wt%. However, Tokunaga expressly teaches that the amount of humectant such as panthenol in the disclosed hair-cleansing composition is preferably from 0.01 to 5 wt%, more preferably from 0.05 to 3 wt %, and most preferably from 0.1 to 1.5 wt% (See Tokunaga, paragraph 0064). Accordingly, the concentration of 0.5 wt% panthenol now recited by applicant falls squarely within Tokunaga expressly preferred range. As such, the claimed level would have been an obvious matter of routine optimization to one of ordinary skill in the art motivated to achieve predictable humectant performance, per MPEP 2144.05(II). Moreover, Tokunaga discloses that the composition may include components used for ordinary hair-cleansing compositions according to the using purpose of it, specifically listing humectants such as panthenol among optional ingredients. Genrich further teaches the inclusion of nonionic surfactants and electrolytes to improve foam texture and stability, which would have provided a reasonable expectation of success when incorporated into Tokunaga’s formulation to achieve the claimed compositions. The word "about" is being interpreted broadly as the metes and bounds are not specified. The values provided in the prior art are interpreted to be about 0.5 as the exact amount is not claimed. Therefore, applicant’s amendment to specify 0.5 wt% panthenol and the cited surfactant combinations does not confer patentable distinction or demonstrate an unexpected result over the combined teachings of Tokunaga and Genrich. The rejection is thus maintained and made final.
Conclusion
No claim is allowed.
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.
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/KIMBERLY BARBER/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615