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 .
Claim Rejections - 35 USC § 112
Claim 17 provides for the use of a purging agent, but, since the claim does not set forth any steps involved in the method/process, it is unclear what method/process applicant is intending to encompass, is withdrawn.
Claim 17 rejected under 35 U.S.C. 101 because the claimed recitation of a use, without setting forth any steps involved in the process, is withdrawn.
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) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stebbins et al (2021/0128419) is withdrawn, in view of applicants amendment.
Claim(s) 1-12 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson et al (2023/0190606).
Johnson et al disclose a personal cleansing composition comprising from about 6% to about 50% of one or more sulfate free surfactants; from about 0.5% to 20% of lauramidopropyl betaine; from about 0.1% to about 10% of zinc pyrithione; from about 0.05% to about 3% of a cationic polymer; from about 0.05% to 10% of a stabilizing polymer from about 0.1% to about 2% of a preservative and having a pH of from about 5 to about 7 (0004). Suitable isethionate surfactants can include the reaction product of fatty acids esterified with isethionic acid and neutralized with sodium hydroxide. Suitable fatty acids for isethionate surfactants can be derived from coconut oil or palm kernel oil including amides of methyl tauride. Non-limiting examples of isethionates can be selected from the group consisting of sodium lauroyl methyl isethionate, sodium cocoyl isethionate (0030). Examples of betaine amphoteric surfactants can include coco dimethyl carboxymethyl betaine, cocoamidopropyl betaine (CAPB) (0037). he personal cleansing composition can comprise a stabilizing polymer to increase the viscosity or yield stress of the composition. Suitable stabilizing polymers can be used in the personal cleansing composition and the personal cleansing composition can comprise a stabilizing polymer from about 0.05% to 10% (0128). Said stabilizing polymers include acrylic copolymers or methacrylate copolymers, non-limiting examples include acrylic acid/acrylonitrogens copolymer, acrylates/steareth-20 itaconate copolymer, acrylates/ceteth-20 itaconate copolymer, Acrylates/Aminoacrylates/C 10-30 Alkyl PEG-20 Itaconate Copolymer, acrylates/aminoacrylates copolymer, acrylates/steareth-20 methacrylate copolymer, acrylates/beheneth-25 methacrylate copolymer, acrylates/steareth-20 methacrylate crosspolymer, acrylates/beheneth-25 methacrylate/HEMA crosspolymer, acrylates/vinyl neodecanoate crosspolymer, acrylates/vinyl isodecanoate crosspolymer, Acrylates/Palmeth-25 Acrylate Copolymer, Acrylic Acid/Acrylamidomethyl Propane Sulfonic Acid Copolymer, and acrylates/C10-C30 alkyl acrylate crosspolymer (0130). In addition, the composition also comprises one or more of a preservative. Each single preservative may be present in an amount of from about 0.1% to about 2% by weight of the composition; from about 0.3% to about 1.5%, by weight of the composition; from about 0.45% to about 0.75%, by weight of the composition: Non limiting examples of preservatives may be salicylate salts or salicylic acid (0173-0174). Additional suitable optional ingredients include but are not limited to suspension materials and structurants, pearlescent agent and combinations thereof. The composition may have from about 0.5% to about 7% of a perfume (0180). Note example 12.
Johnson et al disclose all of the instantly required except a teaching of sufficient specificity to anticipate the claims. Nevertheless, it would have been obvious to combine each the components, in their requisite proportion to suggest the claimed invention. Given that Johnson et al teach all the components, and applicant has not proffered any evidence to the contrary, one skilled in the art of personal cleansing would readily ascertain the 4 component composition to suspend a particulate or insoluble pearlescent agents in view of the teachings and exemplifications of Johnson et al.
[W]hen a patent 'simply arranges old elements with each performing the same function it had been known to perform' and yields no more than one would expect from such an arrangement, the combination is obvious. [KSR Int'l Co. v.Teleflex Inc., 550 U.S. at 418 (quoting Sakraida v. Ag Pro, Inc., 425 U.S. 273,282 (1976).]
Response to Arguments
Applicant’s arguments, 12-29-2025 with respect to the rejection(s) of claim(s) 1-12, 14-16 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn and arguments moot. However, upon further consideration, a new ground(s) of rejection is made in view of Johnson et al.
Conclusion
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/NECHOLUS OGDEN JR/ Primary Examiner, Art Unit 1761