CTFR 18/285,074 CTFR 99476 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Status Applicants’ amendments and arguments filed 03/18/2026 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 Rejections and/or objections not reiterated from previous office actions are hereby withdrawn.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. Claims 1-15 are canceled. Claims 16-18 and 33-35 are amended. Claims 34-35 remain withdrawn. Claims 16-33 are examined on the merits. 07-30-03-h AIA Claim Interpretation As to the limitations of claim 33 applicant is reminded this is a method for treating braided hair claims and the prior art teaches the method of treating hair by applying the composition of claim 1 thereby since the product/result from a method is not separable from its physical properties then it necessarily teaches the method improves moisturization and/or softness of the braided hair. New Rejections Necessitated by Claim Amendments Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 16-33 are rejected under 35 U.S.C. 103 as being unpatentable over Beumer et al. (ES2364587T3, published 09/07/2011, English translation by Google, hereafter Beumer), in view of Richardson (US20200390666A1, published 12/17/2020, hereafter Richardson), in view of Sass et al. (WO2020064251A1, published 04/02/2020, hereafter Sass), and in view of Ahn et al. (Ahn S, Lee JY, Choi SM, Shin Y, Park S. A Mixture of Tocopherol Acetate and L-Menthol Synergistically Promotes Hair Growth in C57BL/6 Mice. Pharmaceutics. 2020 Dec 18;12(12):1234. doi: 10.3390/pharmaceutics12121234. PMID: 33353178; PMCID: PMC7766712., hereafter Ahn) . Beumer teaches a composition for hair care that is used to increase the tenacity of hair braids (title and page 16, example 14; according to the claim limitations of the instant claim 16). Further, Beumer teaches the hair compositions are in the form of cosmetic hair treatment preparations (page 10, paragraph 13; according to the claim limitations of the instant claim 16). Beumer teaches the preferred hair care composition comprises 0.01 to 5% by weight of a thickener, 0 to 10% by weight of at least one vehicle – preferably ethanol, and water up to 100% by weight (page 12, paragraph 4, second example on page; according to the claim limitations of the instant claims 16, 20-21, 27-28, and 30). Beumer teaches the thickener to be carbomer, preferably a carbomer such as Carbopole at a concentration of 0.01 to 8% by weight, preferably 0.05 to 5% by weight (page 8, paragraph 4; according to the claim limitations of the instant claims 16 and 20-21). Beumer teaches a second example, a stylizing agent comprising 60-99.85% by weight of water and/or alcohol, 0.05 to 10% by weight of a gel former, and 0 to 20% of other additives (page 12, paragraph 7, third example on page; according to the claim limitations of the instant claims 16, 20-21, and 31) . Furthermore, Beumer teaches the gel former to be a slightly cross-linked polyacrylic acid, specifically carbomer (page 12, second to last paragraph; according to the claim limitations of the instant claim 16). Beumer teaches another example composition to have 55 to 99.8% by weight water and/or alcohol and 0.1 to 5% by weight of an emulsifier (page 12, paragraph 2, first example on page; according to the claim limitations of the instant claims 16, 27-28, and 31). Beumer teaches the emulsifier to be laureths (ex. Laureth-4), cetheths, polyethylene glycol acetyl ether, and cetheareths (page 12, paragraph 4; according to the claim limitations of the instant claim 16). Beumer teaches the addition of bacterial inhibiting active agents, such as menthol, at a concentration of 0.1 to 2% by weight (page 9, paragraph 3; according to the claim limitations of the instant claims 16 and 24). Beumer teaches the addition of one or more humectants to include sorbitol, lecithin, hyaluronic acid, or mixtures thereof at a concentrations of about 0.5 to about 8% by weight, or preferably about 1 to about 5% by weight (page 8, paragraph 2; according to the claim limitations of the instant claims 29 and 32). Further, Beumer teaches the invention are in the form of cosmetic hair treatment preparations, e.g. hair wash preparations in the form of shampoos and conditioners, hair care preparations, e.g. pretreatment preparations, hair tonics, styling creams, styling gels, ointments, hair washes, treatment packages, intensive hair treatments, e.g. permanent deep conditioners and removed by rinsing, hair structuring preparations, e.g. hair waving preparations for permanent waving (hot wave, warm wave, cold wave), hair stretching preparations, liquid hair fixing preparations, hair foams, hair sprays, bleaching preparations, e.g. peroxide solutions (page 10, paragraph 14; according to the claim limitations of the instant claim 1). Lastly, Beumer teaches an example treatment of braids in which the braids are immersed in the formulation, allowed to dry overnight, and the tenacity was then measured (page 16, example 14; according to the claim limitations of the instant claim 1). Although Beumer teaches a shampoo and a method of treating braids without rinsing the formulation, it does not explicitly teach a leave in cleansing composition. Although Beumer teaches laureths generically, Beumer fails to teach laureth-12 specifically as in instant claim 16. Further, although Beumer teacher menthol, Beumer fails to L-menthol specifically as in instant claim 16. In regards to the leave-in cleansing, Richardson teaches a rinse-free shampoo composition effective for cleaning hair (abstract). Further, Richardson teaches the composition is a foam shampoo (claim 17 and [0007]). Richardson teaches the composition including a bleaching procedure comprising a hydrogen peroxide solution ([0073]) and teaches the composition as an aerosol sprayed onto the roots of the hair ([0005]). Richardson teaches the composition comprises a thickener (abstract and claim 1), ethanol (claim 3), PEG-8 dimethicone (claim 7), and menthol (claim 12). In regards to laureth-12, Sass teaches a preparation for shaping hair comprising a polymer, water, ethanol, and an emulsifier (claim 1 and title). Claim 17 of Sass outlines the use of hair care additives. Lastly, Sass teaches that preferred emulsifiers for these hair compositions include Laureth-4, Laureth-5, Laureth-7, Laureth-9, Laureth-10 and Lauerth-12 (page 10, paragraph 2). In regards to the use of L-menthol, Ahn teaches that L-menthol promotes both dermal papilla cells and HaCaT keratinocyte cells and overall promoted hair growth (abstract and page 2, paragraph 2). It would be obvious to o ne skilled in the art before the effective filing date of the claimed invention to claim a braided hair shampoo treatment composition comprising laureth (to include laureth-4), ethanol, menthol, carbomer, and water as outlined by Beumer with the simple substitution of using the shampoo as a rinse-free (leave-in) shampoo cleansing composition as outlined by Richardson. Simple substitution of one shampoo application type for another is within the purview of the skilled artisan and would yield predictable results. It would be obvious to o ne skilled in the art before the effective filing date of the claimed invention to claim a braided hair treatment composition comprising laureth (to include laureth-4), ethanol, menthol, carbomer, and water as outlined by Beumer with the simple substitution of laureth-12 for the laureth in use as outlined by Sass. Simple substitution of one laureth for another is within the purview of the skilled artisan and would yield predictable results. Additionally, it would be obvious to one skilled in the art before the effective filing date of the claimed invention would modify an hair braid composition comprising carbomer, laureth, menthol, ethanol, and water as outlined by Beumer by the use of L-menthol as the menthol as outlined by Ahn under TSM, see MPEP 2143(G). As outlined by Ahn, L-menthol promotes hair growth which would motivate someone skilled in the art to advantageously combine the hair braid composition of Beumer with the use of L-menthol as the menthol in the composition as outlined by Ahn as it would have a reasonable expectation of success. Response to Applicant’s Arguments Applicant’s arguments filed on 03/18/2026 have been considered. In regards to the 35 USC § 103 Rejections , Applicant’s amendments necessitated new grounds of rejection. Conclusion No claims allowed. 07-40 AIA 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDRA NICOLE ISNOR whose telephone number is (703)756-5561. The examiner can normally be reached Monday-Friday 5:30am-3pm PST. 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, Bethany Barham can be reached at (571) 272-6175. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BETHANY P BARHAM/Supervisory Patent Examiner, Art Unit 1611 /A.N.I./Examiner, Art Unit 1611 Application/Control Number: 18/285,074 Page 2 Art Unit: 1611 Application/Control Number: 18/285,074 Page 3 Art Unit: 1611 Application/Control Number: 18/285,074 Page 4 Art Unit: 1611 Application/Control Number: 18/285,074 Page 5 Art Unit: 1611 Application/Control Number: 18/285,074 Page 6 Art Unit: 1611 Application/Control Number: 18/285,074 Page 7 Art Unit: 1611 Application/Control Number: 18/285,074 Page 8 Art Unit: 1611
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