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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on February 16, 2024 and July 31, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on application PCT/IB2020/001136 filed on December 22, 2020. It is noted, however, that applicant has not filed a certified copy of the application as required by 37 CFR 1.55.
Claim Status
Claims 1 – 13 are examined here-in.
Claim Objections
Claims 1, 9, and 10 are objected to because of the following informalities:
On line 2 of claim 1, there should be a comma after pullulan.
On line 2 of claim 9, the article “a” should be between “of” and “lotion”.
On line 1 of claim 10, the phrase “A cosmetic process for caring keratinic materials” is missing a preposition prior between “caring” and “keratinic materials”. A possible correction is to add the word “for” to yield the phrase “A cosmetic process for caring for keratinic materials”.
Appropriate correction is required.
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.
Claims 7, 8, 10, 12, and 13 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 7 recites the limitation "the total content" and “the total mass”. There is insufficient antecedent basis for these limitations in the claim.
Claim 8 recites the limitation “the content of water” and “the total mass”. There is insufficient antecedent basis for these limitations in the claim.
Claim 10 recites the limitation “the application”. There is insufficient antecedent basis for these limitations in the claim. A possible correction would be the delete the article “the”.
Claim 12 recites the limitation "the total content" and “the total mass”. There is insufficient antecedent basis for these limitations in the claim.
Claim 13 recites the limitation "the total content" and “the total mass”. There is insufficient antecedent basis for these limitations in the claim.
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, 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 non-obviousness.
Claims 1 – 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kikuchi (US 2019/0358146 A1) as evidenced by Zhang (Zhang, et al. “Physicochemical properties of Tremella fuciformis polysaccharide and its interactions with myofibrillar protein” Bioactive Carbohydrates and Dietary Fibre 2017, 11, p. 18 – 25) in view of Matsumoto (US 2014/0113976 A1) and further in view of Fiume (Fiume, et al. “Safety Assessment of Cross-Linked Alkyl Acrylates as Used in Cosmetics” International Journal of Toxicology 2017, 36, p. 59S – 88S).
Kikuchi teaches a composition with water, a polyhydric alcohol, and a polysaccharide that provides a nourishing effect, fresh sensation, and no sticky or slippery sensations on the skin (abstract, paragraphs 0007, 0008, claim 1).
Kikuchi teaches glycerin, propanediol, butylene glycol, and pentylene glycol as suitable polyhydric alcohols for inclusion in the composition, noting that polyhydric alcohols give the cosmetic composition nourishing and hydrating effects (paragraphs 0002, 0021). Kikuchi teaches that the polyhydric alcohol is in an amount of 15 to 60% of the composition (paragraph 0033, claim 1).
Kikuchi teaches that water is in an amount of 20 to 70% of the composition (paragraph 0034, claim 1).
Kikuchi teaches that polysaccharides are hydrophilic polymers (paragraphs 0008, 0011, 0035, claim 1). Kikuchi teaches pullulan and Tremella fuciformis polysaccharide, among others, as suitable polysaccharides for the composition (paragraph 0037, claim 2). Notably, Zhang teaches that Tremella fuciformis polysaccharide has uronic acid and cyclic aldohexoses rhamnose and glucose as constituent monosaccharides (abstract, column 2 page 20).
Kikuchi discloses that compositions with hydrophilic polymers such as pullulan have good nourishing effects, a fresh water sensation, and limited sticky or slippery sensations (paragraph 0071).
Kikuchi teaches the cosmetic composition may be in the form of a lotion (paragraph 0054).
Kikuchi does not teach the amphiphilic substance of an acrylate/C10 – 30 alkyl acrylate crosspolymer.
Matsumoto teaches a missing element of Kikuchi.
Matsumoto teaches a cosmetic composition with water, a polyhydric alcohol, and reduced amounts of polymeric thickener (paragraphs 0006, 0081). Matsumoto teaches that polymeric thickeners increase the viscosity of a cosmetic and that use of too much polymeric thickener makes it difficult for the composition to uniformly gel and contributes to an unpleasant feeling (paragraphs 0003, 0004). Matsumoto teaches pullulan as a preferred thickener, suggesting pullulan take the place of undesirable polymeric thickeners (paragraphs 0011, 0021, 0075, 0076, 0095).
Matsumoto teaches polyglyceryl-10(eicosanedioate/tetradecanedioate) as a tactile-feeling enhancer suitable for inclusion in the composition (paragraph 0093).
Matsumoto teaches the cosmetic composition may be in the form of a lotion or mask, among others (paragraphs 0131 – 0133, 0142). Matsumoto teaches the application of the composition to the skin (paragraphs 0182 – 0190).
The combination of Kikuchi and Matsumoto is prima facie obvious according to MPEP 2143(i)(a) as combining prior art elements according to known methods to yield predictable results. Kikuchi teaches a composition with the claimed ingredients of water, polyols, pullulan, and Tremella fuciformis polysaccharide and a person of ordinary skill in the art would be motivated to include polyglyceryl-10(eicosanedioate/tetradecanedioate) because Matsumoto teaches that it enhances the tactile-feeling of a composition (paragraph 0093). The combination of Kikuchi and Matsumoto’s teachings would lead to a predictable result, i.e. a cosmetic composition that has nourishing properties and a pleasant sensation on the skin (Kikuchi paragraphs 0002, 0007, 0071 and Matsumoto paragraph 0093).
Kikuchi and Matsumoto do not teach acrylates/C10-30 alkyl acrylate crosspolymer.
Fiume teaches the missing element of the combination of Kikuchi and Matsumoto.
Fiume teaches that acrylates/C10-30 alkyl acrylate crosspolymer is an emulsion stabilizer and viscosity increasing agent for aqueous compositions (Table 1 page 61S).
The combination of Kikuchi, Matsumoto, and Fiume is prima facie obvious according to MPEP 2143(i)(a) as combining prior art elements according to known methods to yield predictable results. A person of ordinary skill in the art would be motivated to apply Fiume’s teachings for acrylates/C10-30 alkyl acrylate crosspolymer to the combination of Kikuchi and Matsumoto because Fiume teaches that acrylates/C10-30 alkyl acrylate crosspolymer is an emulsion stabilizer and viscosity increasing agent commonly known for use in aqueous compositions (Table 1 page 61S). Therefore, the combination of Kikuchi, Matsumoto, and Fiume is the combination of known prior art elements according to known methods to yield predictable results (MPEP 2143(i)(a)).
The combination of Kikuchi’s teachings for a composition with pullulan and Tremella fuciformis polysaccharides (paragraph 0037, claim 2), for which Zhang teaches that Tremella fuciformis polysaccharide has uronic acid and cyclic aldohexoses rhamnose and glucose as constituent monosaccharides (abstract, column 2 page 20), with Matsumoto’s teaching to include polyglyceryl-10(eicosanedioate/tetradecanedioate) as a tactile-feeling enhancer (paragraph 0093), and Fiume’s teaching that acrylates/C10-30 alkyl acrylate crosspolymer is an emulsion stabilizer and viscosity increasing agent for aqueous compositions (Table 1 page 61S) reads on instant claims 1 and 2.
A person of ordinary skill in the art would be motivated to combine Kikuchi, Matsumoto, and Fiume’s teachings because both Kikuchi and Matsumoto emphasize the importance of including ingredients with a pleasant sensation (Kikuchi paragraphs 0002, 0007, 0071 and Matsumoto paragraph 0093) and Fiume teaches that compositions can be stabilized with acrylates/C10-30 alkyl acrylate crosspolymer (Table 1 page 61S).
Matsumoto’s teaching to include polyglyceryl-10(eicosanedioate/tetradecanedioate) (paragraph 0093) reads on instant claims 3 and 4.
Kikuchi’s teaching to include polyhydric alcohols such as glycerin, propanediol, butylene glycol, and pentylene glycol in the composition in an amount of 15 to 60% (paragraphs 0002, 0021, 0033, claim 1) reads on instant claims 5 – 7, 12, and 13. Kikuchi’s taught range of 15 to 60% (paragraph 0033, claim 1) overlaps with the claimed ranges of 10 to 35%, 15 to 30%, and 20 to 25% as recited in claims 7, 12, and 13, respectively. Claimed ranges that overlap with teachings of the prior art are prima facie obvious according to MPEP 2144.05(i).
A person of ordinary skill in the art would be motivated to include polyhydric alcohols in the cosmetic composition because Kikuchi teaches that polyhydric alcohols give the cosmetic composition nourishing and hydrating effects (paragraphs 0002, 0021).
Kikuchi’s teaching to include water in an amount of 20 to 70% of the composition (paragraph 0034, claim 1) overlaps on the instantly claimed range of 50 to 95% as recited in claim 8.
Kikuchi and Matsumoto’s teachings that the cosmetic composition may be in the form of a lotion or mask, among others (Kikuchi paragraph 0054, Matsumoto paragraphs 0131 – 0133, 0142) reads on instant claim 9.
Matsumoto’s teachings regarding the application of the composition to the skin (paragraphs 0182 – 0190) read on instant claims 10 and 11.
Conclusion
All claims are rejected. No claims are allowed.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Toriana N. Vigil whose telephone number is (571)270-7549. The examiner can normally be reached Monday - Friday 9:00 a.m. - 5:00 p.m. EST.
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/TORIANA N. VIGIL/Examiner, Art Unit 1612
/FREDERICK F KRASS/Supervisory Patent Examiner, Art Unit 1612