DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after September 7, 2023, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
Receipt is acknowledged of Applicants’ claimed invention filed on 09/07/2023 in the matter of Application N° 18/280,820. Said documents are entered on the record. The Examiner further acknowledges the following:
Thus, claims 9-13 represent all claims currently under consideration.
Election/Restrictions
Claims 1-8 and 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 29, 2025.
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 nonobviousness.
Claims 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (JP6105468B2).
Regarding claims 9, 10, 11, Yu et al. disclose wherein the present disclosure relates to a non-invasive body correction composition which, upon application to a subject, forms a film that reduces or conceals body imperfections. The disclosure further includes methods for applying such compositions. In another embodiment, a cleansing composition is provided for removing the film (See paragraph 6). In some embodiments, the organopolysiloxane contains vinyl moieties only in monomer units, but not in the polymer end caps. The organopolysiloxane includes vinyl moieties only at the end caps of the polymer (See paragraph (See paragraph 40). The term “crosslinking component” refers to a material that, when combined with a reactive reinforcing component, promotes or initiates the formation of a body correction coating directly on the skin. The phrase “catalyzes formation of a body correction film in situ” encompasses inducing a reaction among reactive constituents of the reinforcing component, resulting in formation of a film on the skin surface. Without intending to be bound by theory, it is believed that the crosslinking component facilitates a reaction between one or more organopolysiloxanes present in the reactive reinforcing component and a hydride-functionalized polysiloxane, leading to condensation of these components and formation of the film on the skin (See paragraphs 111 and 112). A skin-applied composition comprising at least one high-viscosity vinyl-terminated organopolysiloxane having a viscosity ranging from about 100 to 500,00 cSt or cP at 25°C. The composition further includes a reactive element comprising at least one low-viscosity vinyl-terminated organopolysiloxane having a viscosity of about 500 to 50,000 cSt or cP at 25°C, along with at least one hydride functionalized polysiloxane. Additionally, the composition includes a reactive reinforcing component comprising the reactive element, and a crosslinking component comprising a catalyst configured to facilitate reaction between the components. The cross-linking promotes cross-linking of the reactive reinforcing component in situ, so that a film is formed on the skin. The formulation according to claim 1, wherein the formulation is a wrinkle correction formulation, a skin shaping formulation or a hardness imparting formulation (See claims 1-3). The formulation according to any one of claims 1 to 3, wherein the reactive reinforcing component has a viscosity of 50,000 to 700,000 cSt or cP at 25°C. the formulation of claim 1, wherein the high viscosity vinyl terminated organopolysiloxane has a viscosity from 140,000 to 200,000 cSt or cP at 25°C.
Regarding claim 12, Yu et al. disclose wherein skin contains one or more of a film former, thickener, preservative, pigment, cosmetic agent or therapeutic agent (See paragraph 123). In some embodiments, the finish formulation contains one or more of thickeners, pigments, dyes, (eg, fluorescent dyes), cosmetic agents or therapeutic agents (See paragraph 128).
Regarding claim 13, Yu et al. disclose wherein in certain embodiments, the invention is directed to a kit that includes a body correction composition comprising, at least in part, a reactive reinforcing component and a crosslinking component. The kit is a multi-compartment kit comprising at least two compartments, wherein the first compartment includes a reactive reinforcing component and the second compartment includes a cross-linking component. In certain embodiments, the kit further comprises instructions for using the kit, one or more brushes, a defilming cleanser. In certain embodiments the kit comprises one or more finishing formulations (See paragraph 134).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kimberly Barber whose telephone number is (703) 756-5302. The examiner can normally be reached on Monday through Friday from 6:30 AM to 3:30 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert A. Wax, can be reached at telephone number (571) 272-0623. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY BARBER/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615
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