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 .
Response to Election/Restrictions
Applicant's election with traverse of Group I, claims 1-3, 6-8, 10 and 15-20 in the reply filed on 03/30/2026 is acknowledged. The traversal is on the ground(s) that a search encompassing the claims of Group I would necessarily include art on the claimed stick composition and methods of manufacturing the claimed stick composition and using the same for reducing malodour or perspiration. Therefore, an all claims represented by Groups I, II and III is proper since the technical relationship of the claimed inventions involves one or more of the same corresponding technical features. This is not found persuasive because even though the claims correspond to the same technical feature, the technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Potent C. Potent C teaches a composition comprising i)behenyl alcohol, ii) polyglyceryl-2-stearate; sucrose stearate and iii) water.
The requirement is still deemed proper and is therefore made FINAL.
Claims 11-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 03/30/2026.
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.
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.
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.
Claim(s) 1-3, 6-8 and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jin et al. (WO 2021/073989, disclosed by applicant).
Jin et al. disclose an antiperspirant composition comprising an oil in water emulsion with an oil phase and a nonionic emulsifier having an HLB value of 10 or lower (Abstract). Jin et al. disclose the composition can be in the form of a stick (p. 4, line 7). Jin et al. disclose the nonionic emulsifier include polyglyceryl-2-stearate and sucrose polystearate at a concentration of from 8 to 20 wt.% based on total weight of the composition (p. 5, lines 10-15). Jin et al. disclose a composition comprising about 82.30% water (Table 5). Jin et al. disclose the composition comprises lipophilic material having a melting point greater than 45°C at a concentration of 2 to 20 wt.% based on the total weight of the composition (p. 6, lines 15-25 and p. 7, line 13). The composition of reference comprises similar composition and formed as a stick and one would expect the composition to have similar properties, such as harness of at least 0.15 kg.
The prior discloses compositions containing at least one lipophilic material at least one nonionic emulsifier and aqueous cosmetically acceptable carrier. Together these would provide a composition as claimed instantly.
The prior art is not anticipatory insofar as these combinations must be selected from various lists/locations in the reference. It would have been obvious, however, to make the combination since each component is taught as being useful in making the compositions of the prior art.
Since this modification of the prior art represents nothing more than “the predictable use of prior art elements according to their established functions” a prima facie case of obviousness exists.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NANNETTE HOLLOMAN whose telephone number is (571)270-5231. The examiner can normally be reached Monday-Friday 9am-6pm.
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, Sahana S. Kaup can be reached at 571-272-6897. 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.
/NANNETTE HOLLOMAN/Primary Examiner, Art Unit 1612
Prosecution Insights