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
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and dependent claims 8, 14, 19, 32, 40, 42-44, 53, 56, 71, 80, 124 and 136 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The scope of the claimed term “Nourishing component” is not defined by the claim nor the specification to limit the nourishing component to a specific material and/or structure. Additionally, the scope of the function of “nourishing” is not defined by the claim. For purposes of examination, the nourishing component will be any component of a composition for the hair fiber.
The scope of the claimed term “Carrier vehicle” is not defined by the claim so as to limit the carrier vehicle to a specific structure or material. For purposes of examination, the carrier vehicle will be any component of the hair fiber composition.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 8, 9, 19, 32, 40, 53, 56, 64, 71, 80, 124 and 137 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shinbayashi (US 9109326).
Claim 1: A hair fiber comprising:
a core fiber;
an outer coating associated with the core fiber;
and a nourishing component associated with the outer coating,
wherein the nourishing component is comprised in a carrier vehicle.
Shinbayashi is directed to an antibacterial artificial hair of the present invention includes an artificial hair and organic resin particles adhering to the artificial hair. The organic resin particles are powdered fine particles including an organic resin and an aluminum salt that is chemically bonded to the organic resin. An antibacterial coating agent for artificial hair of the present invention is used for an artificial hair and obtained by dispersing the organic resin particles in an aqueous medium. The presence of the organic resin particles including the aluminum salt not only provides the luster and texture similar to those of human hair, but also imparts the antibacterial properties (ABST).
Shinbayashi teaches the artificial hair fiber is one of a synthetic fiber (col. 2, lines 35-61) and is equated with the claimed core fiber.
Shinbayashi teaches an artificial hair that is equated with the core fiber and an antibacterial coating that is equated with the outer coating. As the antibacterial coating is adhered to the hair (the core fiber), the antibacterial coating is associated with the core fiber.
The antibacterial coating comprises organic resin particles adhering to the artificial hair. The organic resin particles are powdered fine particles include an organic resin and an aluminum salt that is chemically bonded to the organic resin. The antibacterial coating includes the organic resin particles dispersed in an aqueous medium (col. 2, lines 13-22).
Shinbayashi teaches the coating composition improves the luster and this is equated with nourishing.
The organic particles are equated with the nourishing component.
The aqueous medium is equated with the carrier component.
As to claim 8, Shinbayashi teaches the coating is applied to the core fiber via adhesion of the particle to the hair (ABST). Shinbayashi teches a binder and organic resin particles in the aqueous medium in weight ratio of 1:3 to 1:10000. If the weight ratio is in this range, a reduction in tactile properties due to the bind can be prevented and the adhesiveness of the particles to the fiber is not a problem. Adhesion is equated with mechanical adhesion. The use of the binder is equated with covalent bonding.
As to claim 9, Shinbayashi teaches the organic resin particles include an antimicrobial component.
As to claim 19, Shinbayashi teaches the core fiber is synthetic hair fiber.
As to claim 32, Shinbayahsi teaches the coating can also include an antistatic agent (col. 13, lines 47-50).
As to claim 40, Shinbayashi teaches the fiber core can be spun with a collagen and include dye or pigment (col. 9, lines 11-19).
As to claim 53, Shinbayashi teaches the hair (as noted under claim 1 of this office action) can be fixed into a wig (claim 20).
As to claim 56, Shinbayashi teaches an antibacterial coating agent for artificial hair of the present invention is used for an artificial hair and obtained by dispersing the organic resin particles in an aqueous medium. The presence of the organic resin particles including the aluminum salt not only provides the luster and texture similar to those of human hair, but also imparts the antibacterial properties.
Shinbayashi teaches the artificial hair fiber is one of a synthetic fiber (col. 2, lines 35-61) and is equated with the claimed core fiber.
Shinbayashi teaches an artificial hair that is equated with the core fiber and an antibacterial coating that is equated with the outer coating. As the antibacterial coating is adhered to the hair (the core fiber), the antibacterial coating is associated with the core fiber.
The antibacterial coating comprises organic resin particles adhering to the artificial hair. The organic resin particles are powdered fine particles include an organic resin and an aluminum salt that is chemically bonded to the organic resin. The antibacterial coating includes the organic resin particles dispersed in an aqueous medium (col. 2, lines 13-22).
The organic particles are equated with the nourishing component.
The aqueous medium is equated with the carrier component.
As to claim 64, Shinbayashi teaches the coating comprises an antibacterial (Title), (ABST), oils such as silicone, camellia (col 13, lines 49-54).
As to claim 71, Shinbayashi teaches a hair fiber with the coating of claim 56.
As to claim 80, Shinbayashi teaches the hair fiber is spun (col. 17, lines 44-55) thereby obtaining a core fiber under step (a) and the coating material is applied to the core hair fiber via methods such as touch roll method, spraying method, dipping method (col. 12, lines 43-55) as applying the coating under step (b).
As to claim 124, Shinbayashi is directed to an antibacterial artificial hair of the present invention includes an artificial hair and organic resin particles adhering to the artificial hair. The organic resin particles are powdered fine particles including an organic resin and an aluminum salt that is chemically bonded to the organic resin. An antibacterial coating agent for artificial hair of the present invention is used for an artificial hair and obtained by dispersing the organic resin particles in an aqueous medium. The presence of the organic resin particles including the aluminum salt not only provides the luster and texture similar to those of human hair, but also imparts the antibacterial properties.
Shinbayashi teaches the artificial hair fiber is one of a synthetic fiber (col. 2, lines 35-61) and is equated with the claimed core fiber.
Shinbayashi teaches an artificial hair that is equated with the core fiber and an antibacterial coating that is equated with the outer coating. As the antibacterial coating is adhered to the hair (the core fiber), the antibacterial coating is associated with the core fiber.
The antibacterial coating comprises organic resin particles adhering to the artificial hair. The organic resin particles are powdered fine particles include an organic resin and an aluminum salt that is chemically bonded to the organic resin. The antibacterial coating includes the organic resin particles dispersed in an aqueous medium (col. 2, lines 13-22).
The organic particles are equated with the nourishing component.
The aqueous medium is equated with the carrier component.
Shinbayashi teaches the hair fiber is spun (col. 17, lines 44-55) and the coating material is applied to the core hair fiber via methods such as touch roll method, spraying method, dipping method (col. 12, lines 43-55).
As to claim 137, Shinbayashi teaches the composition can include oils such as silicone or camellia oil (col. 13, 48-53) and anti-bacterial components (col. 12, lines 6-11).
Claim Rejections - 35 USC § 102/103
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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 42-44 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Shinbayashi (US 9109326).
As to claims 42 and 43, Shinbayashi is silent with regard to property of tenacity.
As Shinbayashi teaches the same materials, and structure of a coated hair fiber, it is reasonable to presume that the property of tenacity is inherent to Shinbayashi.
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention the examiner has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce a hair fiber with the claimed tenacity motivated to produce a hair fiber with the desired strength.
As to claim 44, Shinbayashi is silent with regard to the property no more than 5% of the hair fiber is degraded at a temperature of up to 450°F.
As Shinbayashi teaches the same materials, and structure of a coated hair fiber, it is reasonable to presume that the property of degradation at high temperature is inherent to Shinbayashi.
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention the examiner has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce a hair fiber with the claimed low degradation at higher temperatures motivated to produce a hair fiber with the heat resistance.
Claim 12 and 67 are rejected under 35 U.S.C. 103 as being unpatentable over Shinbayashi (US 9109326) in view of Busch et al (WO 0243675).
As to claims 12 and 67, Shinbayashi teaches an aqueous carrier for the organic resin particles and differs and does not teach the claimed materials, e.g. hydro-gel, gel liposomal, cyclodextrin particle etc..
Busch is directed to a method for immobilising active agents on fibres, preferably hair, to a composition comprising reactive active agent components and to the use thereof for restructuring, restoring and positively influencing fibre characteristics such as volume, shine, hold, body, tactility, electrostatic charge and resistance to heat, UV and IR radiation (ABST).
Busch teaches in a further embodiment, the invention relates to a composition comprising the above-mentioned components for treating fibers, in particular human and animal hair. The treatment can have a permanent and positive influence on properties such as wet and dry combability, hold, moisture, strength, fullness, shine, tactility and electrostatic properties as well as increased resistance to UV and IR radiation and heat. The invention is particularly suitable for positively influencing the hair volume (page 1, para 2).
The composition may contain a carrier in addition to the reactive components. The components are present in a total amount of 0.2 to 20% by weight, preferably 1 to 20% by weight, particularly preferably 3 to 10% by weight, based on the total composition (page 9 and 10, last line and first 2 lines).
Suitable carriers are solid, liquid, gel-like or pasty and preferably consist of aqueous systems, natural or synthetic oils, water-in-oil or oil-in-water emulsions. Such systems are known to the person skilled in hair cosmetics. The carrier can also contain conventional additives such as thickeners, surfactants, Contain rheology aids, antioxidants, stabilizers, coloring, aroma, odor, effect substances and the like including gels (page 10, 2nd and 3rd paragraph). The gels are equated with hydro-gels or sol-gels as claimed.
It would have been obvious to one of ordinary skill in the art before the effective filing date to substitute the aqueous carrier for a gel carrier motivated to apply the composition to hair.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Shinbayashi (US 9109326) in view of Rothrock (WO 2007133808).
As to claim 14, Shinbayashi differs and does not teach the nourishing component is released over time.
Rothrock is directed to nanoparticles for cosmetic applications. Rothrock teaches the present invention particles are for cosmetic films (page 4, lines 17-26). The composition is a liquid composition and can be liquid or semiliquid that coat the surface of a patterned master (etched substrate) (page 5, lines 20-33).
Rothrock teaches the composition can treat tissue, protein, hair, skin or cell or the like for augmentation, enhancement, alternation, restoration, treatment or the like (page 10, lines 26-33).
The particles can include lotion particles, soap particles, dermatology particles (page 16, lines 30-33). The particles 120 can be fabricated for personal care products such as hair care products for coloring, toning, glossing, balancing etc. (page 23, lines 3-7).
Rothrock teaches the composition of the particles 120 can be optimized for a particular application incorporating biological targeting agents into the micro and/or nanoparticles for tissue or hair applications (page 10, 26-33).
Rothrock teaches the particles can be preserved for sustained release or activation under certain controlled conditions (page 11, lines 5-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate controlled release particles motivated to obtain a sustained release or activation of the treatment composition.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Shinbayashi (US 9109326) in view of Warner et al (US 20160184197).
As to claim 14, Shinbayashi differs and does not teach the nourishing component is released over time.
Warner is directed to formulation and processes for hair coloring (Title). Warner teaches compositions for coating on a hair fiber include color precursors [0022], thickening agents, abrasive material, wetting agents, surfactants, and cosmetically acceptable adjuncts, such as, for example, perfumes [0035]. Warner teaches compositions may be coated with materials suitable for forming a controlled release matrix including microencapsulation to delay adsorption of the dye or dye intermediates into the hair and thereby provide a sustained action over a longer period of time [0040].
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ a coating composition that releases the dye or colorant motivated provide sustained action for a longer period of time.
Claim 136 is rejected under 35 U.S.C. 103 as being unpatentable over Shinbayashi (US 9109326) in view of Asahina et al (JP 2005009049).
As to claim 136, Shinbayashi teaches the hair fibers can be made from synthetic fibers but does not teach the claimed materials.
Asahina is directed to an artificial hair with a core -sheath type wherein the core is a polyamide base resin containing protein cross-linked gel. Asahina teaches a protein based fiber. Asahina teaches the protein crosslinked gel provides an improvement over prior artificial hair made from polyamide which has low rigidity and is difficult to design with a permanent wave [0008] and natural protein such as collagen has excellent texture and hydrophilicity but is expensive [0009].
Asahina teaches fibers made of polyamide resin as the base have the disadvantages of shine, low rigidity, and hydrophilicity that are characteristic of rigid fibers, but remarkable improvement has been seen by combining protein cross-linked gels with high structural affinity. Therefore, in order to further improve the texture of the fiber, when component A using a polyamide-based resin containing a protein-crosslinked gel and component B made of a polyamide-based resin are combined and made into a fiber, a surprising effect is obtained [0012].
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ a protein in the fiber core motivated to improve the texture and hydrophilicity of the artificial hair.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shirakashi et al (US 20090126749) is directed to an artificial hair and wig using the same. Shirakashi teaches an artificial hair 1 has a sheath and core structure comprising a core portion 1B and a sheath portion 1A covering said core portion 1B.
Tsao et al (WO 2014040302) is directed to a PEDF derived polypetide for treating alopecia or hair depigmentation (Title). Tsao teaches the hair treatment is a synthetic peptide. The synthetic peptide may be formulated in a sustained-release dosage form so as to ensure a more prolonged therapeutic action of the treatment. For example, the synthetic peptide may be first encapsulated with a vehicle such as liposome, microsphere, or nanosome, and then formulated into a desired dosage form.
Kumar et al (US 20040180027) is directed to a personal care composition is provided and includes an effective amount of a repeat sequence protein polymer. The personal care composition may be a hair care composition, a skin care composition, a nail care composition, a cosmetic composition, or an over-the-counter pharmaceutical composition (ABST).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A STEELE whose telephone number is (571)272-7115. The examiner can normally be reached 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A STEELE/Primary Examiner, Art Unit 1789