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 .
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.
Claims 1-5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Song KR 20090020407 A, in view of Shi et al. CN 109010102 A or Urabe CN 107920971 A.
Song teaches a nanoliposome composition comprising 1-10% by weight of polyglutamic acid, 1-10% by weight of hyaluronic acid, 1-5% by weight of phytosterol, 1-5% by weight of cholesterol, 1-10% by weight of saturated lecithin, ceramide 3B 1-10 It may be 1% by weight, 1-10% by weight glycerin, 1-10% by weight aquaporin, 1-10% by weight hydro creatine, 1-10% by weight of mucopolysaccharides, 1-10% by weight of triglycerides and the balance of purified water. See Abstract. In addition, the nanoliposome composition according to the present invention contains water-soluble mucopolysaccharides having excellent moisturizing ability to enhance the moisturizing power in keratinocytes, and mucopolysaccharides are strongly washed with the sebaceous lipids in keratinocytes, so that they are not washed well in water, It will increase your ability to hold. Nanoliposomes included in cosmetics according to the present invention is made of 50-100 nm size between the skin cells of the liver lipids penetrate deep into the skin as the intelligent nanoparticles that make the particles burst themselves, it is possible to maximize the moisturizing effect. Example 3 shows a cosmetic composition comprising 1% lecithin, 1.5% of fatty acid such as steric acid and shea butter in a ratio of 1:0.5 based on a 10% by weight of nanoliposome and qs to 100% by weight with water.
While Song does not appear to expressly teach the claimed amount of all ingredients, Example 3 of Song discloses all amount is based on a 10% by eight of nanoliposome in the cosmetic composition. Thus, one of ordinary skill in the art would have been motivated to, by routine experimentation select ceramide, lecithin, fatty acid, and cholesterol derivative at a 10% of the disclosing amount taught in Song’s Abstract to obtain the claimed amount. This is because Song teaches a cosmetic composition comprising all the ingredients recited in the present claims for the same purpose, namely, for cosmetic use including improving moisturizing for the skin.
It is noted that the ratio between stearic acid and oleic acid in a cosmetic composition is known in the art. See for example the teaching in Shi and/or Urabe. Both references teach a cosmetic composition comprising stearic acid and oleic acid in a ratio that falls within a 1:1 to 1:2 ratio.
Thus, it would have been prima facie obvious to one of ordinary skill in the art at the time the invention was made to optimize the teaching in Song to have a ratio between stearic acid and oleic acid that falls within the claimed range in view of the teaching in Shi and Urabe. This is because the Shi and the Urabe references teach the use of stearic acid and oleic acid in the claimed ratio is known and useful in a cosmetic composition.
Response to Arguments
Applicant’s arguments filed 07/20/2026have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUSAN T TRAN whose telephone number is (571)272-0606. The examiner can normally be reached Monday-Friday, 8:30 am-5:30 pm.
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/SUSAN T TRAN/Primary Examiner, Art Unit 1615
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