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 .
Applicant’s filing of claims 1-39 on 6/28/23 is acknowledged. Claims 1-39 are pending and are under examination.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 1/12/24 were acknowledged. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claims 2, 3, 7-8, 10-14, 21 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.
Claim 2 is rejected because the scope of the claim is unclear. The claim does not particularly point out and distinctly claim “the step of preparing”. The claim language appears to just repeat claim language that is already claimed in the preamble.
Claim 3 is rejected for indefiniteness because each claim merely recites a use, e.g., “using,” without any active, positive steps delimiting how this use is actually practiced. See MPEP 2173.05(q).
Claims 7 and 10 are rejected because “the respective first characteristic” raises an antecedent basis issue.
Claim 8 “(of the natural melanin composition)”; Claim 13 “(of the theoretical melanin formulation)” and “(of the natural melanin composition)”; and Claim 21 “(e.g., 5,6-dihydroxyindole) and “ (e.g., 5,6-dihydroxyindole-2-carboxylic acid)” are rejected because it is unclear whether the claim language in the parentheses is being positively claimed.
Claims 8 and 13 are rejected because “the first characteristic” raises an antecedent basis issue.
Claims 14 are rejected because “the theoretical . . . compositions” raises an antecedent basis issue.
Regarding claim 21, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). See “e.g.” in parentheses.
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.
Claims 1-39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gianneschi et al. (“Gianneschi,” WO 2021/096692, cited in IDS).
As to claims 1, 3, 4, 11-12, 32-34 and 39, Gianneschi teaches a method for matching hair composition (Mimicking Natural Human Hair Pigmentation with Synthetic Melanin in [0177] et seq.), the method comprising: characterizing one or more first characteristics of a natural melanin (e.g., FTIR-ATR spectroscopy in [0192] et seq., see FTIR spectrum in figs. 17A-C) composition of a hair sample from a subject (naturally red, brown and grey hair; human hair in [0008] et seq.); and preparing a prepared artificial melanin formulation to approximate the one or more first characteristics; wherein the prepared artificial melanin formulation comprises one or more artificial melanin materials (e.g., synthetic versions mimicking eumelanin in [0090], [0183] et seq.).
As to claims 2, 5 and 10, Gianneschi teaches determining a theoretical artificial melanin formulation in [0178] et seq.
As to claim 6, Gianneschi teaches mixing the one or more artificial melanin materials to form an artificial melanin mixture in [0025] et seq.
As to claims 7-9 and 13, Gianneschi teaches the prepared artificial melanin formulation is characterized by one or more third characteristics each being approximately equivalent to the respective first characteristic of the natural melanin composition in [0178] et seq.
As to claims 14 and 16, Gianneschi teaches the theoretical and prepared artificial melanin compositions comprise one or more artificial eumelanins, one or more artificial pheomelanins in [0060], [0089] et seq.
As to claims 15 and 31, Gianneschi teaches each of the one or more melanin materials is not bound to, conjugated to, attached to, coated by, encompassed by, or otherwise chemically associated with a natural or biological proteinaceous matrix, component, or lipid in [0086] et seq.
As to claims 17, 24 and 29-31, Gianneschi teaches the artificial melanin material comprises artificial melanin nanoparticles in [0022] et seq. As to the porous and pore properties, see MPEP 2112.01(II).
As to claims 18 and 20, Gianneschi teaches each melanin polymer comprises a plurality of covalently-bonded melanin base units; and substituted or unsubstituted naphthalene in [0150] et seq.
As to claim 19, Gianneschi teaches said melanin base units are one or more substituted or unsubstituted catechol-based monomer units in [0174] et seq.
As to claim 21, Gianneschi teaches the term eumelanin refers to a melanin whose chemical formula comprises at least one dihydoxyindole (DH I) (e.g., 5,6- dihydroxyindole), at least one dihydroxyindole-2-carboxylic acid (DHICA) (e.g., 5,6- dihydroxyindole-2-carboxylic acid), or a combination of these in [0090] et seq.
As to claim 22, Gianneschi teaches at least 50% of the plurality of melanin polymers are selected from the group consisting of dimers, trimers, tetramers, pentamers, and any combination thereof in [0021] et seq.
As to claim 23, Gianneschi teaches each melanin oligomer is non-covalently associated with at least one other melanin oligomer in [0086] et seq.
As to claim 25, Gianneschi teaches at least a portion of the one or more artificial melanin materials comprises at least one substituted or unsubstituted benzothiazine in [0089] et seq.
As to claims 26-28, Gianneschi teaches at least a portion of the artificial melanin material comprises one or more selenomelanin polymers, which may be a pheomelanin in [0088] et seq.
As to claim 35, Gianneschi teaches the step of extracting is performed via chemical extraction, enzymatic extraction in [0013] et seq.
As to claims 36-38, Gianneschi teaches the prepared artificial melanin formulation is provided to an end-user, which include an individual customer or a hair treatment facility in [0008] et seq.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORE RAMILLANO JARRETT whose telephone number is (571)272-7420. The examiner can normally be reached Monday to Friday.
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/LORE R JARRETT/Primary Examiner, Art Unit 1797
2/7/2026