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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Song KR 20090020407 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, however, 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.
Correspondence
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/SUSAN T TRAN/Primary Examiner, Art Unit 1615
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