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 .
Applicants' arguments in the Request for Continued Examination, filed July 24, 2026, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims
Claim Rejections - 35 USC § 103 – Obviousness (New Rejection)
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.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kropf et al. (EP 2370050).
Kropf et al. disclose a cosmetic and dermatological antiperspirant and deodorant composition having improved hair growth activity. The composition comprises a germ-inhibiting or antimicrobial active ingredient which are understood as meaning those active substances which reduce the number of skin germs participating in the formation of the odor or inhibit their growth. These organisms include, among others, various species from the group of staphylococci, the group of Corynebacteria, anaerococci and micrococci. Compositions which are particularly preferred according to the invention preferably contain at least one skin-cooling active substance. Skin-cooling active ingredients include menthol, isopulegol, menthyl lactate, menthyl glycolate, menthyl methyl ether, menthoxypropanediol and menthone glycerol acetal. Preferable mixtures include menthol and menthyl lactate; menthol, menthol glycolate and menthyl lactate; menthol and menthoxypropanediol; and menthol and isopulegol. The amount of skin-cooling active ingredient ranges from 0.01 to 1% by total weight of the composition. Antimicrobial agents used include triclosan, chlorhexidine and chlorhexidine gluconate, and phenoxyethanol (instant claim 10). Phenoxyethanol is effective in reducing and inhibiting the growth of anaerococci. The antimicrobials may comprise 0.1 to 10% by weight. Water may be present and includes 0.1-99 wt .-%, by weight of the total composition. Other carriers include ethanol, butandiol and propylene glycol (see Examples).
Kropf et al. differ from the instant claims insofar as they do not exemplify a composition comprising the instantly recited menthol derivative in a method for treating anaerococci. However, Kropf et al. do suggest using these components in a composition effective against anaerococci. Therefore, it would have been obvious to one of ordinary skill in the art prior to filing the instant application to have added a cooling agent such as menthyl lactate or menthyl methyl ether to the composition of Kropf et al. to use in a method for fighting microorganisms because it is suggested by Kropf et al. and to obtain their desired property as a cooling agent.
In regards to the working amount, the cooling agents are used in an amount ranging from 0.1 to 1%, which falls within the range recited by instant claim 5. Therefore, working amount is met.
In regards to fighting body odor, the removal of the bacteria will fight body odor.
Conclusion
Claim 1, 3-14 and 16 are rejected.
No claims allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEZAH ROBERTS whose telephone number is (571)272-1071. The examiner can normally be reached Monday-Friday 11:00-7:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sahana Kaup can be reached at 571-272-6897. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEZAH ROBERTS/ Primary Examiner, Art Unit 1612
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