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 .
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 17-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Candau et al. (FR 2918560 A1).
Regarding claims 17-25: Candau et al. teach a method of stabilizing a plastic (a dibenzoylmethane derivative, a silicone and/or polymers of olefin) comprising incorporating into the material a photostabilizing agent (pages 12, 19, abstract; examples). Candau et al. teach incorporating 0.1 to 10 wt% of a compound of formula XV as a photostabilizing agent (page 19). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select dehydrodieugenol (page 19) as the photostabilizing agent in the method of Candau et al. Candau et al. teach that their method includes silicones and polymers of olefins (pages 9-11, and 22-25).
Regarding claim 26: Candau et al. teach that their method includes silicones and polymers of olefins (pages 9-11, and 22-25).
Regarding claim 27-28: Candau et al. teach at least one of the claimed additives (page 22; Example).
Regarding claim 29: Candau et al. teach the claimed amount of stearate (lubricant) (page 25).
Claim(s) 17-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hikima (JP 10-194961A).
Regarding claims 17-25: Hikima teaches a method of stabilizing a plastic comprising incorporating a biphenyl compound in the claimed amount [0005; Examples]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select dehydrodieugenol [0015] as the biphenyl compound in Hikima.
Response to Arguments
Applicant's arguments filed 7/6/2026 have been fully considered but they are not persuasive.
The applicant has alleged that the silicones and olefin polymers of Candau et al. are not the specific plastics recited in the pending claims. It is noted that claim 17 does not recite any specific plastics. The limitation “plastic” is what is present in the claim. Furthermore, claim 26 recites “polymers of olefins”, which includes the olefin polymers of Candau et al. and “silicones”. Even though they are components of cosmetic formulations, they are plastics that are being stabilized by dehydrodieugenol in Candau et al.
The same arguments apply to Hikma. The instant claims do not exclude cosmetic compositions. If the cosmetic composition comprises a plastic component that is being stabilized by a claimed compound, all of the claim limitations are met. A plastic, as described in the original specification, is any compound derived from oil or natural gas.
Conclusion
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN USELDING whose telephone number is (571)270-5463. The examiner can normally be reached on M-F 8am to 6:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN E USELDING/ Primary Examiner, Art Unit 1763
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