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. Election/Restrictions Claim s 1, 2 and 8-1 3 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 12, 2026 . Claims 3-7, 14-20 have been examined on the merits. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 3 , 5 and 14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a natural phenomenon without significantly more. Claim 3 recites a composition comprising at least one bacterium of Sphingomonas xenophaga species; claim 5 is directed to the composition of claim 3 and further requires spring water. This judicial exception is not integrated into a practical application because Sp h ingomonas xenophaga is a naturally occurring organism found at least in the natural spring water in la Roche Posay. See Berardesca et al. “ Randomized , split-face study of a dermocosmetic cream containing Sphingobioma xenophaga extract and Neurosensine in subjects with rosacea associated with erythema and sensitive skin”, Skin Res Technol. 2024. As the spring water comprising the bacteria is a naturally occurring composition, t he claims lack additional elements that are sufficient to amount to significantly more than the judicial exception . Similarly, claim 14 is directed to a composition comprising at least one bacterium of Sphingomonas xenophaga whose strain is registered under accession number CNCM I-5455. This strain from the bacterium found in the thermal spring water of La Roche-Posay, and the claim is rejected for the same reason indicated above. See Hilaire et al. “Evaluation of the effect of an extract of Sphingomonas xenophaga present in a Thermal Spring Water in the management of sensitive skin associated with cutaneous vascular disorder”, Int J Cosmet Sci 2025; 47; 1019, Materials and Methods. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 14 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. In this case, claims are rejected for lack of an enabling disclosure without access to a specific biological material as the specification fails to meet the conditions of deposit set forth in 37 C.F.R. 1.801 – 1.809. Claim 14 depends on claim 2, which recites “the strain of Sphingomonas xenophaga . . . registered under accession number CNCM I-5455”. The specification discloses that the strain has been “ registered according to the Budapest Treaty, on November 21, 2019, with the Collection Nationale de Culture de Microorganismes ((CNCM), Paris, France) under the number CNCM 1-5455 by L'Oreal, 101 Avenue Gustave Eiffel, 37390 Notre Dame d'Oe. ” See spec. p. 8, lines 5-8. However, mere reference to a deposit or the biological material itself in any document or publication does not necessarily mean that the deposited biological material is readily available . See MPEP 2404.01. Furthermore, there is no statement regarding the viability of the material or irrevocable public availability upon granting of a patent. See MPEP 2402-2410. The specification fails to disclose that the biological material is known and readily available to the public; since there is no disclosure to enable public access to the specific biological material used in the present invention, a personal skilled in the art could not make or use the invention defined in and commensurate with the claims. See MPEP 2164.06 (a), II. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 3-7 and 14-20 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 3 depends on claim 1 and recites “[a] composition comprising an extract according to claim 1 or at least one bacterium of Sphingomonas xenophaga species as described therein.” (emphasis inserted) As the claimed subject matter in claim 1 is specifically limited to “ [ a ]n extract of bacteria of Sphingomonas xenophaga species” only , the alternative limitation of claim 3, which recites the at least one bacterium, the source of the extract, improperly broadens the scope of the dependent claim. Similarly, claim 14 depends on claim 2 and recites “[a] composition comprising an extract according to claim 2 or at least one bacterium of Sphingomonas xenophaga species as described therein.” (emphasis inserted). Since the base claim is directed the extract of a specific strain, the scope of the dependent claim which recites the bacterium is broader than that of the base claim; claim 14 is an improper dependent claim. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. The remaining claims are rejected for depending on the improper dependent claim , claim 3 . 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim s 3, 5 and 14 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention. As indicated above, the thermal spring water from La Roche-Posay, France naturally contains the bacteria of Sphingomonas xenophaga species. Claims 3, 5-7, 14, 17, 19 and 20 are rejected under 35 U.S.C. 102 (a)(1) and 102(a)(2) as being anticipated by Martin et al. (US 6806070 B1, published on October 19, 2004) (“Martin” hereunder). Martin discloses a cosmetic composition comprising La Roche-Posay thermal spring water, which naturally and inherently contains the bacteria of Sphingomonas xenophaga , according to Berardesca. See the present claims 3 and 5. Regarding the present claims 6, 7, 17, 19 and 20, the disclosed composition contains glycerol (water-miscible solvent), and additives including self-emulsifiable glycerol monostearate, preservatives, etc. Claims 3 , 4 , 6, 7, 16 and 18 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Zhang (CN 105524870 A, published on April 27, 2016). Zhang discloses a preparation product comprising a compound microorganism bacterium agent with an auxiliary material according to a weight ratio 1 to 4, wherein the comound microorganism bacterium agent is prepared by mix ing trichoderma aureoviride, penicillium ochrochloron, bacillus mucilaginosus, sphingomonas xenophaga , bacillus licheniformis, alcaligenes faecalis and saccharomyces cerevisiae according to a volume ratio of 4 to 3 to 2 to 7 to 1 to 3 to 2. See translation, abstract. In this case, the concentration of spingomonas xenophaga in the preparation product would be about 6.36 %. See the present claim 4. Zhang f urther teaches that the auxiliary material can be liquid organic solvent, vegetable oils, mineral oil or water, or macromolecular compound which can be polyvinyl alcohol or polyglycol. See full translation, p. 5, bridging paragraph ; the present claims 6 and 16. Other bacterium agents as active ingredients present in the composition would meet the present claims 7 and 18. Conclusion No claims are allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT GINA JUSTICE whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-8605 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 9:00 AM - 5 PM . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT BETHANY BARHAM can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-6175 . 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