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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 31, 2026 has been entered.
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.
Claim 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al. KR (101744966 B1, published on July 20, 2017) ("Kang" hereunder) in view of Bizzini (US 20180050071 A1, published February 22, 2018) and Paufique (US 20200405622 A1, published on December 31, 2020).
Claim 1 is directed to a cosmetic composition for improving a skin condition by suppressing secretion of sweet or sebum or for improving or enhancing makeup durability, comprising, as an active agent, a garlic extract, a black tea extract, a guava fruit extract, a guava leaf extract, a luffa cylindrica extract, and a water lily flower extract, wherein the skin condition is selected from skin elasticity amelioration, reduction in fine line appearance, wrinkle amelioration, eye-widening effect, lifting of the corners of the mouth, reduction in muscle mass, and flattening of line unfolding from the upper lip.
The phrases “for improving skin conditions by suppressing secretion of sweat or sebum or for improving or enhancing makeup durability” and “for improving or enhancing makeup durability” are preambles which do not carry patentable weight as these are directed to the intended future use or purpose of the composition and do not define structural limitations. See MPEP 2111.02. In the former, the newly added phrase “by suppressing secretion of sweat or sebum” denotes the functional mechanism of action used to achieve that goal.
Kang discloses a functional cosmetic composition comprising a guava extract, a garlic extract and a black tea extract as active ingredients in a weight ratio of 1:0.1-3: 0.05-3. See translation, abstract; Embodiments 1-4. Experimental Example 5 teaches that the Embodiment compositions were formulated in cream form.
Kang further teaches that the Guava extracts can be obtained using one or more of the guava leaves, fruits, stems and seeds. See translation, p.3, 2nd full par. The reference teaches that guava fruit contains a lot of vitamins while the guava leaves contain polyphenolic materials, tannins, saponins, ellagic acid glycosides and flavonoids. See translation, p. 3, 2nd full par. As for the presently claimed limitation which requires the combination of a guava fruit extract and guava leaf extract, it is well known that polyphenolic compounds and vitamins are well known anti-aging actives in skin care art. See Bizzini, abstract. Combining such to make an improved anti-aging cosmetic composition would have been prima facie obvious.
The Kang compositions further contain a Luffa aegyptiaca (cylindrica) extract; the extract is said to include carotene saponin, a large amount polyphenols such as flavonoids and quercetin. See p. 3, 4th full par; Embodiments.
Kang fails to teach a water lily flower extract.
Paufique teaches a white water lily (Nymphaea alba) flower extract useful for improving skin complexion as well as providing antioxidant, anti-wrinkle, anti-inflammatory and soothing effects to the skin. See abstract; [0010-0012], [0024-0025]. The reference teaches that the extract can be formulated into various topical products including emulsions, creams, etc. See [0058-0059]; Example 3.
It would have been obvious to one of ordinary skill in the art to modify the teachings of Kang and incorporate to the functional cosmetic composition the water lily flower extract of Paufique; the skilled artisan would have been motivated to do so, as 1) both references are directed to anti-aging functional cosmetic compositions for improving skin conditions; and 2) Paufique teaches the efficacy of the water lily flower extract in brightening and soothing the skin and improving skin wrinkles. Since both references teach using plant extracts as active ingredients in the form of topical cream, lotion, emulsion, etc., the skilled artisan would have had a reasonable expectation of successfully combining the teachings of the references and producing a stable functional cosmetic composition which provide skin brightening effects as well as enhanced anti-aging effects.
In the phrases “for improving skin conditions by suppressing secretion of sweat or sebum”, Kang teaches that the disclosed composition is effective in controlling sweat secretion. Thus, it is viewed that the presently claimed composition which contains all the active components of Kang (i.e., a guava extract, a garlic extract and a black tea extract) obviously is effective in suppressing secretion of sweat or sebum.
Regarding Claim 2, Kang particularly discloses the garlic: black tea: guava extracts ratio of 1:2:1, which is well within the presently claimed weight ratio of about 1: 0.1:0.1 to about 1:10:10.
Regarding Claim 3, Kang teaches that the extracts were obtained by a solvent extraction, wherein the solvent may be water, acetone, ethyl acetate, alcohols, having 1-10 carbon atoms, etc. See translation, p. 5, 3rd full paragraph- p. 7, 3rd full par.
Regarding Claim 4, Kang teaches that the functional cosmetic composition is effective in improving skin wrinkle and controlling sweat secretion. See translation, p.6, first full par.
Response to Arguments
Applicant's arguments filed on July 31, 2026 have been fully considered but they are unpersuasive. Applicant continues to argue that the present composition has synergistic sebum control effects over the prior art, Kang. However, as indicated in the previous rejection, guava fruit extract and Nymphaea flower extract are useful in sebum reduction, and improved sebum reduction of Kang and Paufique compositions would have been well expected.
Conclusion
No claims are allowed.
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/GINA C JUSTICE/Primary Examiner, Art Unit 1617
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