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
Applicant’s election without traverse of claim 1-8 in the reply filed on 10/6/2025 is acknowledged. Claims 9-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method of applying sunscreen to livestock, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/6/2025
Claim Objections
Claims 2 and 8 are objected to because of the following informalities: in claim 2 line 6 and claim 8 line 7, “said containment spaced” should read “said containment space”.
Appropriate correction is required.
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorpe (US 2017/0265625 A1), in view of Riedl (US 6,743,416 B2), and further in view of Hwang (US 7,846,461 B2), henceforth referred to as “Hwang 1”.
Regarding claim 1, Thorpe teaches a sunscreen powder kit (100) for applying to livestock in order to protect the livestock from sunburn ([0048]; the product may be a sunscreen and therefore is fully capable of being used for applying to livestock for sun protection), said kit comprising:
a container (102) defining a containment space (116);
a lid (104) being removably attachable to said container for closing said containment space ([0063]);
a sunscreen powder being contained in said containment space in said container (118 and [0062]),
an application brush (106) having a handle (110) and a plurality of bristles (108) each extending away from said handle wherein said handle is configured to be gripped by a user thereby facilitating the user to place said plurality of bristles into said sunscreen powder for applying the sunscreen powder onto livestock to protect the livestock from sunburn ([0075] and see Figures; the applicator portion of the brush extend away from the handle).
Thorpe is silent to said sunscreen powder comprising powdered zinc oxide wherein said powdered zinc oxide is configured to block ultraviolet A and ultraviolet B radiation, said sunscreen powder comprising a powdered titanium dioxide wherein said powdered titanium dioxide is configured to block ultraviolet A and ultraviolet B radiation, said sunscreen powder comprising powdered bamboo to stabilize said sunscreen powder during application.
Riedl teaches a sunscreen composition for use in a method for reducing sunburn on animals by blocking the sun (i.e., UV radiation) (Col. 2 l. 38-41) and the composition comprising zinc oxide and titanium dioxide (abstract). Riedl teaches the composition may consist of a combination of titanium dioxide and zinc oxide being present in a weight ratio of 1:1, and their total being 100% by weight or may consist of a combination of titanium dioxide and zinc oxide being present in a weight ratio of 2:1 or 1:2 and their total being 90% by weight (see claims 1-2). Sunscreens primarily used on humans are formulated to be clear or nearly invisible and therefore the concentration for the inorganic portion must be low and therefore are water soluble and require frequent application and are often designed to let varying portions of UV light through in order for the wearer to gain a cosmetically acceptable tan. The disclosed composition aims to reduce the requirement for frequent reapplication and has reduced water solubility (Col. 1 l. 21-35).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to modify the sunscreen to include a combination of zinc oxide and titanium dioxide of up to 100% in total weight, as taught by Riedl, because it would allow using it on animals without requiring frequent reapplication and having reduced water solubility to therefore ensure complete sun protection.
Thorpe/Riedl does not teach the composition comprising powdered bamboo to stabilize said sunscreen. Hwang 1 teaches a cosmetic composition complex which may be integrated into a cosmetic product such as a sunscreen, and the complex providing the product with the desired climaproofness, an improved transfer behavior, endurance on the skin and water-repellent behavior (abstract and Col. 3 l. 4-11). Hwang 1 further teaches the complex comprises bamboo powder as a water absorbing powder (see claim 16).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the sunscreen composition to include bamboo powder, as taught by Hwang 1, because it would offer water absorbing properties that would enhance the water-repellent behavior of the composition and therefore improve its endurance and transfer behavior.
Regarding claim 2, Thorpe in view of Riedl and Hwang 1 teaches the kit according to claim 1 (see rejection above). Thorpe teaches wherein: said container has a bottom wall and a perimeter wall (120) extending upwardly from said bottom wall, said perimeter wall being continuously arcuate about a center of said bottom wall such that said container has a cylindrical shape (see annotated Fig. below),
said perimeter wall having an upper edge defining an opening into said containment space (116) defined by said container (see annotated Fig. below), said perimeter wall having an outer surface, said outer surface having a recessed portion extending downwardly from said upper edge toward said bottom wall (see annotated Fig. below), said recessed portion being threaded (124); and
said lid (104) has an upper wall (see annotated Fig. below) and an outside wall (134) extending downwardly from said upper wall (see Fig. below), said outside wall being continuously arcuate about a center of said upper wall such that said lid has a disk shape (see Fig. below), said outside wall having an inner surface (136) being threaded (126), said inner surface threadably engaging said recessed portion of said outer surface of said perimeter wall of said container for securing said lid to said container ([0068]).
PNG
media_image1.png
777
959
media_image1.png
Greyscale
Regarding claims 3-4, Thorpe in view of Riedl and Hwang 1 teaches the kit according to claim 1 (see rejection above). Riedl teaches the ratio of zinc oxide and titanium dioxide in the composition may range from about 10:1 to 1:10 and may make up a total greater than 60% by weight of the total composition (abstract). Thorpe teaches the preferred ratio is 1:1 (Col. 2 l. 59-60) and may make up 90% by weight of the total composition (Col. 1 l. 51-54). This embodiment would therefore teach the claimed limitations of said powdered zinc oxide comprises 45.0 percent of said sunscreen powder or wherein said powdered titanium dioxide comprises 45.0 percent of said sunscreen powder.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to modify the sunscreen to include a combination of zinc oxide and titanium dioxide of up to 100% in total weight, as taught by Riedl, because it would allow using it on animals without requiring frequent reapplication and having reduced water solubility to therefore ensure complete sun protection.
Regarding claim 5, Thorpe in view of Riedl and Hwang 1 teaches the kit according to claim 1 (see rejection above). Riedl teaches the ratio of zinc oxide and titanium dioxide in the composition may range from about 10:1 to 1:10 and may make up a total greater than 60% by weight of the total composition (abstract). Thorpe teaches the preferred ratio is 1:1 (Col. 2 l. 59-60) and may make up 90% by weight of the total composition (Col. 1 l. 51-54). Hwang 1 teaches using bamboo powder to improve durability of a sunscreen composition. However, the combination does not explicitly teach wherein said powdered bamboo comprises 10.0 percent of said sunscreen powder.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the composition of Riedl having 90% total weight of zinc oxide and titanium dioxide, to include 10% bamboo powder, because it would be used as a filler to complete the composition to improve its durability and make it water-repellent.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorpe (US 2017/0265625 A1), in view of Riedl (US 6,743,416 B2), and further in view of Hwang (US 7,846,461 B2), henceforth referred to as “Hwang 1”, and further in view of Hwang (US D766,587 S), henceforth referred to as “Hwang 2”.
Regarding claim 6, Thorpe in view of Riedl and Hwang 1 teaches the kit according to claim 1 (See rejection above). Thorpe teaches wherein:
said handle (110) has a bottom surface and an outside surface extending away from said bottom surface (see annotated Fig. below);
said outside surface has a lower portion and an upper portion (see annotated Fig. below).
PNG
media_image2.png
383
595
media_image2.png
Greyscale
Thorpe is silent to said lower portion curves upwardly from said bottom surface toward an apex of said lower portion such that said lower portion has a dome shape; and said upper portion curves outwardly from said apex of said lower portion and said upper portion curves inwardly at an apex of said upper portion such that said upper portion defines a rounded knob wherein said rounded knob is configured to be gripped.
Hwang 2 teaches a brush for cosmetic application having a handle and bristles and the handle having a bottom surface and an outside surface having a lower portion and an upper portion (see annotated Fig. below). Hwang 2 teaches the lower portion curves upwardly from said bottom surface toward an apex and having a dome shape and the upper portion curves outwardly from said apex of said lower portion and curves toward an apex of said upper portion such that it defines a rounded knob (see annotated Fig. below).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the brush of Thorpe to have the upper portion and lower portion have a configuration as taught by Hwang 2, because it would provide an ergonomic shaped brush that is easy and comfortable to grip and use.
PNG
media_image3.png
817
716
media_image3.png
Greyscale
Regarding claim 7, Thorpe in view of Riedle, Hwang 1 and Hwang 2 teaches the kit according to claim 6 (see rejection above). Thorpe teaches wherein: each of said plurality of bristles (108) is attached to and extends away from said bottom surface of said handle (see Fig. below).
PNG
media_image2.png
383
595
media_image2.png
Greyscale
Hwang 2 further teaches the plurality of bristles has a decreasing length with respect to a lateral axis of said handle such that a distal end of each of said plurality of bristles defines a sloped surface with respect to said bottom surface of said handle (see annotated Fig. below).
PNG
media_image4.png
817
716
media_image4.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the bristles to have a decreasing length with respect to a lateral axis such that the bristles define a sloped surface, as taught by Hwang 2, because it would offer precise blending and facilitate following natural curves of an application surface.
Regarding claim 8, Thorpe teaches a sunscreen powder kit (100) for applying to livestock in order to protect the livestock from sunburn ([0048]; the product may be a sunscreen and therefore is fully capable of being used for applying to livestock for sun protection), said kit comprising:
a container (102) defining a containment space (116), said container having a bottom wall (see annotated Fig. below) and
a perimeter wall (120) extending upwardly from said bottom wall (see annotated Fig. below), said perimeter wall being continuously arcuate about a center of said bottom wall such that said container has a cylindrical shape (see Fig. below), said perimeter wall having an upper edge defining an opening into said containment space defined by said container, said perimeter wall having an outer surface (see annotated Fig. below), said outer surface having a recessed portion extending downwardly from said upper edge toward said bottom wall (see annotated Fig. below), said recessed portion being threaded (124);
a lid (104) being removably attachable to said container for closing said containment space ([0068]), said lid having an upper wall and an outside wall extending downwardly from said upper wall (see annotated Fig. below), said outside wall being continuously arcuate about a center of said upper wall such that said lid has a disk shape (see Fig. below), said outside wall having an inner surface being threaded (126), said inner surface threadably engaging said recessed portion of said outer surface of said perimeter wall of said container for securing said lid to said container ([0068]);
a sunscreen powder (118 and [0062]) being contained in said containment space in said container (see Fig. below), and
an application brush (106) having a handle (110) and a plurality of bristles (108) each extending away from said handle wherein said handle is configured to be gripped by a user thereby facilitating the user to place said plurality of bristles into said sunscreen powder for applying the sunscreen powder onto livestock to protect the livestock from sunburn ([0075] and see Figures; the applicator portion of the brush extend away from the handle),
said handle having a bottom surface and an outside surface extending away from said bottom surface, said outside surface having a lower portion and an upper portion, (see annotated Fig. below).
PNG
media_image1.png
777
959
media_image1.png
Greyscale
PNG
media_image2.png
383
595
media_image2.png
Greyscale
Thorpe does not teach said sunscreen powder comprising powdered zinc oxide wherein said powdered zinc oxide is configured to block ultraviolet A and ultraviolet B radiation, said sunscreen powder comprising a powdered titanium dioxide wherein said powdered titanium dioxide is configured to block ultraviolet A and ultraviolet B radiation, said sunscreen powder comprising powdered bamboo to stabilize said sunscreen powder during application, said powdered zinc oxide comprising 45.0 percent of said sunscreen powder, said powdered titanium dioxide comprising 45.0 percent of said sunscreen powder, said powdered bamboo comprising 10.0 percent of said sunscreen powder.
Riedl teaches a sunscreen composition for use in a method for reducing sunburn on animals by blocking the sun (i.e., UV radiation) (Col. 2 l. 38-41) and the composition comprising zinc oxide and titanium dioxide (abstract). Riedl teaches the composition may consist of a combination of titanium dioxide and zinc oxide being present in a weight ratio of 1:1, and their total being 100% by weight or may consist of a combination of titanium dioxide and zinc oxide being present in a weight ratio of 2:1 or 1:2 and their total being 90% by weight (see claims 1-2). Sunscreens primarily used on humans are formulated to be clear or nearly invisible and therefore the concentration for the inorganic portion must be low and therefore are water soluble and require frequent application and are often designed to let varying portions of UV light through in order for the wearer to gain a cosmetically acceptable tan. The disclosed composition aims to reduce the requirement for frequent reapplication and has reduced water solubility (Col. 1 l. 21-35). Riedl teaches the ratio of zinc oxide and titanium dioxide in the composition may range from about 10:1 to 1:10 and may make up a total greater than 60% by weight of the total composition (abstract). Thorpe teaches the preferred ratio is 1:1 (Col. 2 l. 59-60) and may make up 90% by weight of the total composition (Col. 1 l. 51-54). This embodiment would therefore teach the claimed limitations of said powdered zinc oxide comprises 45.0 percent of said sunscreen powder or wherein said powdered titanium dioxide comprises 45.0 percent of said sunscreen powder.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to modify the sunscreen to include a combination of zinc oxide and titanium dioxide of up to 100% in total weight, as taught by Riedl, because it would allow using it on animals without requiring frequent reapplication and having reduced water solubility to therefore ensure complete sun protection.
Thorpe/Riedl does not teach the composition comprising powdered bamboo to stabilize said sunscreen. Hwang 1 teaches a cosmetic composition complex which may be integrated into a cosmetic product such as a sunscreen, and the complex providing the product with the desired climaproofness, an improved transfer behavior, endurance on the skin and water-repellent behavior (abstract and Col. 3 l. 4-11). Hwang 1 further teaches the complex comprises bamboo powder as a water absorbing powder (see claim 16).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the sunscreen composition to include bamboo powder, as taught by Hwang 1, because it would offer water absorbing properties that would enhance the water-repellent behavior of the composition and therefore improve its endurance and transfer behavior.
Riedl teaches the ratio of zinc oxide and titanium dioxide in the composition may range from about 10:1 to 1:10 and may make up a total greater than 60% by weight of the total composition (abstract). Thorpe teaches the preferred ratio is 1:1 (Col. 2 l. 59-60) and may make up 90% by weight of the total composition (Col. 1 l. 51-54). Hwang 1 teaches using bamboo powder to improve durability of a sunscreen composition. However, the combination does not explicitly teach wherein said powdered bamboo comprises 10.0 percent of said sunscreen powder.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the composition of Riedl having 90% total weight of zinc oxide and titanium dioxide, to include 10% bamboo powder, because it would be used as a filler to complete the composition to improve its durability and make it water-repellent.
Thorpe/Riedl and Hwang 1 are silent to said lower portion curving upwardly from said bottom surface toward an apex of said lower portion such that said lower portion has a dome shape, said upper portion curving outwardly from said apex of said lower portion and said upper portion curving inwardly at an apex of said upper portion such that said upper portion defines a rounded knob wherein said rounded knob is configured to be gripped, each of said plurality of bristles being attached to and extending away from said bottom surface of said handle, said plurality of bristles having a decreasing length with respect to a lateral axis of said handle such that a distal end of each of said plurality of bristles defines a sloped surface with respect to said bottom surface of said handle.
Hwang 2 teaches a brush for cosmetic application having a handle and bristles and the handle having a bottom surface and an outside surface having a lower portion and an upper portion (see annotated Fig. below). Hwang 2 teaches the lower portion curves upwardly from said bottom surface toward an apex and having a dome shape and the upper portion curves outwardly from said apex of said lower portion and curves toward an apex of said upper portion such that it defines a rounded knob (see annotated Fig. below). Hwang 2 further teaches the plurality of bristles has a decreasing length with respect to a lateral axis of said handle such that a distal end of each of said plurality of bristles defines a sloped surface with respect to said bottom surface of said handle (see annotated Fig. below).
PNG
media_image4.png
817
716
media_image4.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the bristles to have a decreasing length with respect to a lateral axis such that the bristles define a sloped surface, as taught by Hwang 2, because it would offer precise blending and facilitate following natural curves of an application surface. It would have been obvious to modify the brush of Thorpe to have the upper portion and lower portion have a configuration as taught by Hwang 2, because it would provide an ergonomic shaped brush that is easy and comfortable to grip and use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 attached to this office action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINA FARAJ whose telephone number is (571)272-4580. The examiner can normally be reached Monday-Friday.
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, Eric Rosen can be reached at (571) 270-7855. 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.
/LINA FARAJ/ Examiner, Art Unit 3772
/THOMAS C BARRETT/ SPE, Art Unit 3799