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
Claims 48-51 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on February 2, 2025.
The traversal is on the ground(s) that the nonelected method and device related to a process specially adapted for the elected product and an apparatus or means specifically designed for carrying out the said process, respectively. This is not found persuasive because the invention groups I-III lack a single general inventive concept under PCT Rule 13.1 and 13.2. The shared technical feature, the composition of claim 32, is an obvious combination of known hair treatment components in Colaco et al. (US 2015/0175751 A1) and Hutson et al. (US 20190374450 A1), and does not make a contribution over the prior art. See below, the claim rejection made under 35 U.S.C. 103.
The requirement is still deemed proper and is therefore made FINAL.
Allowable Subject Matter
Claims 39-41 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 44 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 44 recites the limitation "the organometallic compound" in claim 42, which only discloses “at least one metallic compound”. There is insufficient antecedent basis for this limitation in the claim.
Claim 44 is also vague, indefinite and incomplete as the claim recites the metal alkoxides of formula (XIXa) without disclosing the formula comprising the constituents M, n and R1 that are mentioned in the claim.
Claim Rejections - 35 USC § 103
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 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.
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 32-38 and 42-47 are rejected under 35 U.S.C. 103 as being unpatentable over Colaco et al. (US 2015/0175751 A1, published on June 25, 2015) (“Colaco” hereunder) in view of Hutson et al. (US 20190374450 A1, published on December 12, 2019) (“Hutson” hereunder).
Claim 32 is representative of the present invention and is directed to a composition for treating keratin fibers, comprising:
a) at least one silicone of formula (I):
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wherein:
R1 is chosen from a hydroxyl group, an alkoxy group comprising from 1 to 2 carbon atoms, or an alkyl group comprising from 1 to 10 carbon atoms;
R2 is chosen from an alkyl group comprising from 1 to 10 carbon atoms, an alkoxy group comprising from 1 to 2 carbon atoms, a hydroxyl group, or a monovalent radical of formula —CqH2qL wherein q is an integer ranging from 2 to 8 and L is an optionally quaternized amino group chosen from the groups:
—N(R″)2,—N+(R″)3A−,—NR″-Q-N(R″)2, or —N R″-Q-N+(R″)3A−;
wherein R″ is chosen from a hydrogen atom, a phenyl group, a benzyl group, or a saturated monovalent hydrocarbon-based radical; Q represents a linear or branched group of formula CrH2r, r is an integer ranging from 2 to 6, and A− represents a cosmetically acceptable anion;
R3 is chosen from a hydroxyl group, an alkyl group comprising from 1 to 10 carbon atoms optionally substituted with at least one group chosen from a hydroxyl group (OH) or a thiol group (SH), a cycloalkyl group comprising from 3 to 20 carbon atoms optionally substituted with at least one group chosen from a hydroxyl group (OH) or a thiol group (SH), an alkoxy group comprising from 1 to 2 carbon atoms optionally substituted with at least one group chosen from a hydroxyl group (OH) or a thiol group (SH), an aryl group comprising from 6 to 12 carbon atoms optionally substituted with at least one group chosen from a hydroxyl group (OH) or a thiol group (SH), a radical —(X)p′—Si(R2)3, or the monovalent radical of formula —CqH2qL wherein q is an integer ranging from 2 to 8, and L is an optionally quaternized amino group chosen from the groups: —N(R″)2; —N+(R″)3 A−; —NR″-Q-N(R″)2, or —NR″-Q-N+(R″)3 A−;
A represents a saturated divalent hydrocarbon-based radical comprising 1 carbon atom;
X represents a hydrogen atom or a saturated, monovalent or divalent hydrocarbon-based radical, comprising 1 carbon atom;
p is an integer ranging from 0 to 6;
p′ is an integer equal to 0, 1, 2, or 3;
k is an integer ranging from 0 to 6;
q is an integer equal to 0 or 1;
j is an integer equal to 0, 1, or 2;
t is an integer equal to 0 or 1;
y is an integer ranging from 0 to 10;
z is an integer ranging from 0 to 500 wherein x+z ranges from 0 to 500 and x+y+z 4;
wherein when X represents a hydrogen atom, then t=0 and p=1;
wherein when p=0, then t=1 and q=1;
wherein at least one of the radicals R1 or R3 represents a hydroxyl radical, an alkoxy radical comprising from 1 to 2 carbon atoms, or the radical —(X)p′—Si(R2)3, or the monovalent radical of formula —CqH2qL;
b) at least one silicone of formula (II):
R1 aR2 bR3 cSi O(4-a-b-c)/2 (II)
wherein:
R1 is chosen from an alkyl group comprising from 1 to 30 carbon atoms, a cycloalkyl group comprising from 5 to 10 carbon atoms, an aryl group comprising from 6 to 10 carbon atoms, an aralkyl group comprising from 7 to 14 carbon atoms, or an alkyl group comprising from 3 to 10 carbon atoms substituted with at least one fluorine atom or an organic group of formula (A):
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wherein:
R4 represents an alkyl group comprising from 1 to 30 carbon atoms or an acyl group comprising from 1 to 30 carbon atoms;
d is an integer ranging from 0 to 15;
e is an integer ranging from 0 to 50; and
f is an integer ranging from 0 to 50;
R2 represents a hydroxyl group or an alkoxy group comprising from 1 to 6 carbon atoms, or a group of formula (B):
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wherein:
R5 is chosen from an alkyl group comprising from 1 to 6 carbon atoms, a cycloalkyl group comprising from 5 to 6 carbon atoms, or a phenyl group;
R6 represents an alkoxy group comprising from 1 to 6 carbon atoms;
z is an integer ranging from 2 to 8; and
p is an integer ranging from 1 to 3;
R3 represents a silicone compound of formula (C):
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wherein:
R7 is chosen from an alkyl group comprising from 1 to 30 carbon atoms, a cycloalkyl group comprising from 5 to 10 carbon atoms, an aryl group comprising from 6 to 10 carbon atoms, an aralkyl group comprising from 7 to 14 carbon atoms, or an alkyl group comprising from 3 to 10 carbon atoms substituted with at least one fluorine atom;
x represents an integer ranging from 1 to 5; and
y represents an integer ranging from 0 to 500;
a represents a number ranging from 1.0 to 2.5;
b represents a number ranging from 0.001 to 1.5;
c represents a number ranging from 0 to 1.5; and
wherein when a plurality of R1 and/or R7 radicals are present, the R1 radicals and R7 radicals are independently chosen; and
c) at least one coloring agent chosen from pigments, direct dyes, or mixtures thereof.
The term “for treating keratin fibers” in claim 32 is a preamble as it denotes the intended future use or purpose of the claimed composition, and does not particularly provide any structural limitation. See MPEP 2111.02. To satisfy an intended use limitation which is limiting, a prior art structure which is capable of performing the intended use as recited in the preamble meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997). In this case, a face powder is capable of safe application on keratin fiber such as hair and such use does not change the structure of the composition; the prior art is applicable in this case.
Colaco teaches a long-wear transfer resistant film-forming ingredient comprising the reaction product of a transitional metal such as titanium ethoxide and a hydroxyl-functionalized silicone polymer or resin. See abstract. The particularly disclosed dimethiconol has structure:
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[0026]
Where R1-R6 is independently a C1-10 or C1-6 or C1-4 hydrocarbon (aliphatic or aromatic) substituent. R1-R6 may be selected from methyl, ethyl, propyl, isopropyl, butyl, isobutyl, tert-butyl, pentyl, hexyl, vinyl, allyl, ethyleneyl, propenyl, hexenyl, phenyl, benzyl, cyclopentyl, and cyclohexyl, as well as halogenated (fluoro, chloro, etc.) and perhalogenated (e.g., perfluorinated) analogs thereof, and wherein each of R1-R6 may further include 1-4 (e.g., one, two, three, or four) substituents selected from hydroxyl, alkoxyl, polyalkyleneoxide (e.g., polyethylene oxide), amino, alkyl amino, and dialkylamino Integer “n” may range from 2 up to 200, 500, 800, 1,000, 1,500, 2,000 or more, such that the viscosity is, for example, from 20 to 1,000,000 cps or greater (or from 50 to 500,000 cps or from 100 to 5,000 cps) at 25° C. In one embodiment at least one of R2 and R5 is methyl. In one embodiment R2 and R5 are both methyl. In one embodiment R1-R6 are all methyl. In one embodiment, the silicone polymer is dimethiconol. (emphasis inserted).
The disclosed dimethiconol wherein n ranges from 2-500 meets the present limitation a) the silicone of formula (I) or (Ia) of claims 32-34.
Example 5 discloses a durable hair treatment comprising a dimethiconol film-former 5 wt % and tantalum ethoxide in the amount of 1 wt %, 0.5wt % or 0.25 %. See present claims 32 a), 33-36, 42 and 45.
Colaco further suggests adding pigments in the film-forming formulation, which meets the coloring agent c) of claim 32. See [0035-0036].
Colaco fails to teach b) the silicone of formula (II) in claim 32.
Hutson discloses a pigmented composition for treating hair, wherein the pigments can organic pigments treated with triethoxysilethyl polydimetylsiloxyethyl dimethicone (silicone of formula II). See [0049-0068]; present claims 32 b) and 37. The reference teaches that surface treatment may make the pigments more hydrophobic or more dispersible in a vehicle or increase the adhesion of the pigments to a modifying agent. See [0049]. The reference further teaches that the surface treatment compound may be attached to the pigment through any suitable coupling agent, linker group or functions group such as silane. The reference further teaches adding to the composition film formers such as dimethiconols, amodimethicones, etc., to increase the substantivity of the product and adheres to a surface and functions as a binder for the particulate material. See [0091-0092].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to modify the teachings of Colaco and incorporate to the hair treatment composition the coloring pigments of Hutson. The skilled artisan would have been motivated to do so, as the latter teaches that the surface-treated pigments have improved dispersibility in a vehicle and adhesion to a modifying agent. Since all references are directed to compositions for treating and coloring keratinous fibers, and Hutson suggests that hydroxyl-terminated dimethiconol can be used as a film-forming agent with the surface-treated pigments, the skilled artisan would have had a reasonable expectation of successfully combining the teachings of the references and producing a stable coloring composition with enhanced dispersion of the pigments.
Regarding claim 43-44. Colaco teaches metal compounds of form M(OR)x where M is a metal and R is a C1-C22 hydrocarbon, and discloses titanium alkoxides. See {0020-0026].
Regarding claim 46, Colaco suggests a general formulation comprising about 8-abouat 20% by weight of pigments. Incorporating such amount of the Hutson pigments to obtain stable coloring composition would have been prima facie obvious.
Regarding claim 47, Colaco suggests that the composition may be formulated in anhydrous form. See [0040, 0034].
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 32-38, 42, 43 and 45-47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S Patent No. 12268771 B2 (reference application, issued from US App No. 18/018335) in view of Hutson.
The reference claim 1 discloses a composition for treating keratin materials comprising: a) at least one amino silicone of formula (I) below:
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in which:
R1, which may be identical or different, represents a hydrogen atom, a phenyl group, a hydroxyl group, a C1-C8 alkyl group, or a C1-C6 alkoxy group;
R2 represents a monovalent radical of formula —CqH2qL in which q is a number ranging from 2 to 8 and L is an amine group, which is optionally quaternized, chosen from the following groups:
—N(R″)2;
—N+(R″)3 A−;
—NR″-Q-N(R″)2; or
—NR″-Q-N+(R″)3 A−,
in which R″, which may be identical or different, represents a hydrogen atom, a phenyl group, a benzyl group, or a saturated monovalent hydrocarbon-based radical; Q denotes a linear or branched group of formula CrH2r, r being an integer ranging from 2 to 6; and A−represents a cosmetically acceptable anion, which is a halide;
R3, which may be identical or different, represents a C1-C8 alkyl group, or a monovalent radical of formula —CqH2qL in which q is a number ranging from 2 to 8 and L is an amine group, which is optionally quaternized, chosen from the following groups:
—N(R″)2;
—N+(R″)3 A−;
—NR″-Q-N(R″)2; or
—NR″-Q-N+(R″)3 A−,
in which R″, which may be identical or different, represents a hydrogen atom, a phenyl group, a benzyl group, or a saturated monovalent hydrocarbon-based radical; Q denotes a linear or branched group of formula CrH2r, r being an integer ranging from 2 to 6; and A− represents a cosmetically acceptable anion, which is a halide; and
m and n are numbers such that the sum (n+m) ranges from 1 to 2000, m denoting a number from 0 to 1999, and n denoting a number from 1 to 2000;
b) at least one non-amino silicone having a weight-average molecular weight of less than or equal to 1500 g/mol; and
c) at least one coloring agent chosen from pigments, direct dyes, or mixtures thereof.
The reference claim 2 requires that a) at least one second amino silicone of formula (II) below:
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in which:
m and n are numbers such that the sum (m+n) ranges from 1 to 1000, n denoting a number from 0 to 999, and m denoting a number from 1 to 1000;
R1 and R2, which may be identical or different, represent a C1-C8 alkyl group, a hydroxyl group or a C1-C6 alkoxy group;
R3 represents a monovalent radical of formula —CqH2qL in which q is a number ranging from 2 to 8 and L is an amino group chosen from the following groups:
—N(R4)2; or
N(R4)—CH2—CH2—N(R4)2;
in which R4 represents a hydrogen atom, a phenyl group, a benzyl group, or a saturated monovalent hydrocarbon-based radical; and
R5 represents a hydroxyl group, a C1-C8 alkyl group, or a C1-C6 alkoxy group.
The present claim 32 encompasses such amino silicone, which is particularly described in the present claim 33.
The ‘771 patent claims fail to disclose the silicone of formula (II) in the present claim 32.
Hutson discloses a pigmented composition comprising coloring pigments treated with triethoxysilethyl polydimetylsiloxyethyl dimethicone (silicone of formula II). See [0049-0068]. The reference further teaches adding to the composition film formers such as dimethiconols, amodimethicones, organosiloxanes, methicones, silicone copolymers, etc., to increase the substantivity of the product and adheres to a surface and functions as a binder for the particulate material. See [0091-0092]. The surface-treated pigments are useful in cosmetic products for treating keratinous fibers including hair. See [0033]. The reference teaches that the disclosed pigmented compositions exhibit reduced color shift over time. See [0006-0007].
Given the teachings of the ‘771 claims to use at least one coloring agent chosen from pigments, one of ordinary skill in the art before the effective filing date of the present application would have been obviously motivated to look to prior art such as Hutson for specific colorants and pigments suitable for the invention. Since both references teach keratin-treatment compositions comprising silicone and coloring agents, and the colorants of the ‘771 claim 1 c) include surface-treated pigments, see ‘771, col. 10, line 1- col. 12, line 55, and the skilled artisan would have had a reasonable expectation of successfully combining the references and producing a stable composition with reduced color shift over time. Thus, claims 32, 33 and 37 are met.
Regarding claims 34 and 35, the reference claim 5-7 discloses the at least one non-amino silicone of b), formula (VIII),
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in which:
R1 independently represents an alkyl group containing from 1 to 10 carbon atoms, or an alkoxy group containing from 1 to 2 carbon atoms;
R2 independently represents a hydroxyl group or an alkoxy group containing from 1 to 2 carbon atoms;
i denotes an integer ranging from 0 to 18; and
n denotes an integer ranging from 0 to 18, wherein n+i ranges from 4 to 18. Claims 34 and 35 are met when R1, R’2 and R”2 are CH3, and when the R2 of the reference claim 5-7 are hydroxyl groups.
Regarding the present claim 36, the reference claim 9 teaches that the total amount of b) non-amino silicones ranges from 0.1 to 30 % by weight, relative to the total weight of the composition, which correspond to the presently claimed concentration range of the silicone(s) of formula (I).
Regarding claim 38, the reference claim 12 teaches that the total amount of at least one pigment ranges from 0.001 % to 20 % by weight, relative to the total weight of the composition. Although Hutson does no specifically disclose the amount of the silicone formula (II) in the coloring agent, the reference discloses pigment grind formulation comprising 50% pigments and 50 % of the surface treatment agents. See Table 9. Thus, it is viewed that triethoxysilethyl polydimetylsiloxyethyl dimethicone, the silicone of formula (II) of the present claims, can be present in an amount ranging from about 0.005-10 % by weight of the total weight of the composition as a surface treatment agent, unless shown otherwise.
Regarding claims 42 and 43, the pigments of c) of the reference claim 1 are defined to include organic pigments as well as inorganic pigments which include metallic compounds, such as titanium dioxide. See ‘771, spec., col. 10, line 1- col. 12, line 55.
Regarding claim 45, the reference claim 12 teaches that at least one pigment, which include metallic compounds, can be present in the composition in the amount ranging from 0.05-20 % by weight.
Regarding the present claims 46, the reference claim 11 discloses the total amount of c) coloring agent can be present in an amount ranging from 0.001- 20 % by weight based on the total weight of the composition.
Regarding claim 47, the term “composition” in the reference claims is defined to include an anhydrous composition having less than 3 % of water. See ‘771, spec., col. 27, lines 49-51.
Claim 44 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S Patent No. 12268771 B2 and Hutson as applied to claims 32-38, 42, 43 and 45-47 as above, and further in view of Colaco.
The ’771 claims fail to teach the metal alkoxides of the present claim 44.
Colaco teaches a long-wear transfer resistant film-forming ingredient comprising the reaction product of a transitional metal such as titanium ethoxide and a hydroxyl-functionalized silicone polymer or resin. See abstract. The composition is useful to treat keratinous surfaces. See [0019]. The reference teaches that the metal compound of form M(OR)x where M is a metal, R is a C1-22 hydrocarbon forms film with a hydroxy-containing silicone polymer, including dimethiconol having viscosity of 100-5000 cps at 25 C. See [0020-0026]. The particularly disclosed dimethiconol has structure:
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[0026]
Where R1-R6 is independently a C1-10 or C1-6 or C1-4 hydrocarbon (aliphatic or aromatic) substituent. R1-R6 may be selected from methyl, ethyl, propyl, isopropyl, butyl, isobutyl, tert-butyl, pentyl, hexyl, vinyl, allyl, ethyleneyl, propenyl, hexenyl, phenyl, benzyl, cyclopentyl, and cyclohexyl, as well as halogenated (fluoro, chloro, etc.) and perhalogenated (e.g., perfluorinated) analogs thereof, and wherein each of R1-R6 may further include 1-4 (e.g., one, two, three, or four) substituents selected from hydroxyl, alkoxyl, polyalkyleneoxide (e.g., polyethylene oxide), amino, alkyl amino, and dialkylamino Integer “n” may range from 2 up to 200, 500, 800, 1,000, 1,500, 2,000 or more, such that the viscosity is, for example, from 20 to 1,000,000 cps or greater (or from 50 to 500,000 cps or from 100 to 5,000 cps) at 25° C. In one embodiment at least one of R2 and R5 is methyl. In one embodiment R2 and R5 are both methyl. In one embodiment R1-R6 are all methyl. In one embodiment, the silicone polymer is dimethiconol. (emphasis inserted),
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to modify the teachings of the ‘771 claims and incorporate to the composition the transitional metal such as titanium ethoxide as motivated by Colaco. The skilled artisan would have been motivated to do so, as the latter teaches that the transitional metal alkoxide is reacted with a hydroxyl-functionalized silicone polymer such as a dimethiconol which is said to form a durable and transfer-resistant film network. Since all references are directed to compositions for treating and coloring keratinous surfaces, and the silicone of the composition of the ‘771 claims include hydroxyl-terminated dimethiconol low molecular weight, the skilled artisan would have had a reasonable expectation of successfully combining the teachings of the references and producing a stable coloring composition with enhanced durability.
Conclusion
Claims 32-38 and 42-57 are rejected.
Claims 39-41 are objected to.
Claims 48-51 have been withdrawn from consideration.
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/GINA C JUSTICE/Primary Examiner, Art Unit 1617