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
Claims 1-10 and 21-41 are under consideration.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10 and 21-41, drawn to methods comprising either having or applying a tattoo and subsequently applying a silicone-based material over the tattoo in the reply filed on October 13, 2025 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claims 1-10 and 21-41 as filed on October 13, 2025 are pending and under consideration.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 14, 2025 was considered.
Specification
The use of terms such as Saniderm (e.g., page 4, last line), which is a trade name or a mark used in commerce, has been noted in this application. These terms should be accompanied by the generic terminology; furthermore these terms should be capitalized wherever they appear or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claims 10 and 31 are objected to because of the following informalities:
Claim 10: the acronym IPN should be identified at the first recitation thereof and should presumably recite “interpenetrating polymer network (IPN)” as disclosed at page 6, lines 2-3 of the instant specification.
Claim 31: the apparent Oxford comma after “or” should either be deleted or should precede the “or” consistent with claim 10.
Claim 31: “a” should presumably be inserted before “silicone IPN” consistent with claims 10 and 41.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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, 2, 5-7, 10, 21, 22, 25, 27, 28, 31, 32, 33, 36-38 and 41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Keller (US 2011/0009374, published January 13, 2011).
Regarding claims 1, 2, 5, 10, 21, 22, 25, 31, 32, 33, 36 and 41
Keller teaches a method of wound healing and scar modulation comprising topically administering a composition comprising a corticosteroid and a silicone crosspolymer (silicone-based material, silicone, elastomer) (title; abstract; claims, in particular 1, 7, 11, 14). The composition is administered for up to 180 days, for about 90 to 180 days (maintaining for at least one day, for several days, for several weeks) (claims 5, 6). Keller exemplifies treatment of a tattoo scar (applying / creating a tattoo is implicit, applying to the tattoo is implicit) (paragraph [0080]). Keller teaches the composition is administered two or three days after wound formation (soon after, upon completion of an acute phase) (claim 3).
Regarding claims 6, 7, 27, 28, 37 and 38
Keller teaches the composition is applied two or three times daily (claim 4). Keller teaches the formulation can be removed by gently wiping (paragraph [0043]).
Claims 1, 2, 6, 8, 10, 21, 22, 27, 29, 31-33, 37, 39 and 41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (EP 3,763,396 A1, published January 13, 2021).
Regarding claims 1, 2, 6, 10, 21, 22, 27, 31-33, 37 and 41
Wang teaches a method for color maintenance and enhancement of tattoo comprising (a) tattooing a pattern on the skin of a subject and (b) covering a moist dressing on the pattern, wherein the moist dressing comprises a solid sheet-like dressing comprising a silicone dressing (title; abstract; claims, in particular 1). The covering may be applied within 2 hours after tattooing (immediately or soon after, newly created, completion of acute phase) (paragraph [0033]). The covering may be removed after 48 hours (at least one day, several days) and replaced with a new covering (paragraph [0034]).
Regarding claims 8, 29, 39
The dressing comprises a film (sheet) with an adhesive surface (paragraph [0023]).
The above teachings therefore anticipate the claims.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-7, 10, 21-28, 31-38 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Keller (US 2011/0009374, published January 13, 2011).
The teachings of Keller have been described supra with regard to the anticipation of claims 1, 2, 5-7, 10, 21, 22, 25, 27, 28, 31, 32, 33, 36-38 and 41. Claims 1, 2, 5-7, 10, 21, 22, 25, 27, 28, 31, 32, 33, 36-38 and 41 are therefore also obvious over Keller.
Regarding instant claims 3, 4, 23, 24, 34 and 35 which recite maintaining for a period of a week, of two weeks and instant claim 26 which recites between 1 day and several weeks, the ranges of Keller of up to 180 days, for about 90 to 180 days (claims 5, 6; paragraph [0043]) do not disclose the instantly claimed ranges with sufficient specificity to anticipate as set forth in MPEP 2131.03, however, the ranges of Keller overlap the instantly claimed ranges which is sufficient to establish prima facie obviousness. See MPEP 2144.05.
Claims 1-10 and 21-41 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (EP 3,763,396 A1, published January 13, 2021).
The teachings of Wang have been described supra with regard to the anticipation of claims 1, 2, 6, 8, 10, 21, 22, 27, 29, 31-33, 37, 39 and 41. Claims 1, 2, 6, 8, 10, 21, 22, 27, 29, 31-33, 37, 39 and 41 are therefore also obvious over Wang.
Wang further teaches the replacement of the covering is performed six times (paragraph [0035]). Wang further exemplifies embodiments wherein the dressing was replaced every 0.5 to 2 days depending upon the amount of blood and wound exudates, and a new dressing was applied until the wound healed (e.g., Example 1).
Regarding instant claims 3-5, 23-25 and 34-36 which recite maintaining for a period of a week, of two weeks, of several weeks and instant claim 26 which recites between 1 day and several weeks, Wang renders obvious removal after 48 hours (2 days) and replacement six times (12 days, about two / several weeks) and Wang expressly teaches the duration of application is a result-effective variable motivating optimization until the wound is healed. It is prima facie obvious to optimize such result-effective variables within prior art conditions or through routine experimentation. See MPEP 2144.05.
Regarding instant claims 7, 9, 28, 30, 38 and 40 which recite application several times per day, Wang renders obvious replacement every 0.5 days (several times) and Wang expressly teaches replacement is a result-effective variable motivating replacement as needed depending upon the amount of blood and wound exudates. It is prima facie obvious to optimize such result-effective variables within prior art conditions or through routine experimentation. See MPEP 2144.05.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bunting et al. (US 8,663,162) teaches a tattoo removal system and teaches use of silicone gel sheeting 12 to 24 hours per day for 8 to 12 weeks to prevent scarring (title; abstract; claims; column 9, lines 35-39; column 10, lines 8-24).
McClernon et al. (US 2010/0084074) teaches a method of tattoo aftercare comprising the application of a breathable polyurethane film for at least 12 hours (title; abstract; claims).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISSA PROSSER whose telephone number is (571)272-5164. The examiner can normally be reached M - Th, 10 am - 6 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID BLANCHARD can be reached on (571)272-0827. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALISSA PROSSER/
Examiner, Art Unit 1619
/BENNETT M CELSA/Primary Examiner, Art Unit 1600