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 Status
Claims 1-7 are pending.
Claims 1-7 have been examined.
Claims 1-7 are rejected.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in KR on 01/11/2023 (application 10-2023-0004062). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/11/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings Objection
[1] The drawings are objected to because FIGS. 6-8 lack essential labeling and explanatory information. The x-axis is not titled, and the meaning of the labels (e.g., “D+2”) is undefined, such that the measured variable and units are unclear. Additionally, FIGS. 6-8 appear visually identical despite depicting different active ingredient combinations, and the absence of descriptive figure titles further hinders understanding of their technical distinctions.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification Objections
[2] The disclosure is objected to because paragraphs [0017]-[0019], which provide brief descriptions of FIGS. 6-8, fails to explicitly identify what the x-axis represents. The figures themselves do not include x-axis titles, and the data points (e.g., “D+2”) are not clearly defined, but are instead assumed by the Examiner to refer to time points measured in days. Paragraph [0075], which again references FIGS. 6-8, does not provide any additional clarification or explanation. Appropriate correction is required.
Claim Rejections - 35 USC § 102(a)(1)
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 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.
[3] Claims 1-2 and 4-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Viladot et al. (WO2011116963A2, published 09/29/2011).
With regard to claim 1 and 2, the reference teaches a composition for treatment and/or care of the skin comprising curcumin in combination with acetyl hexapeptide-8 and taurine as active ingredients (see reference claims 17, pg. 26, ln. 34, pg. 29, ln. 23, pg. 30, ln. 31, Examples 6-b, 7, inter alia), and further teaches embodiments including “defensin synthesis-stimulating agents,” although beta-defensin 2 is not expressly named (see reference pg. 13, ln. 21, inter alia). The instant application confirms that this same combination exhibits synergistic effects, enhances beta-defensin 2, and is suitable for cosmetic or quasi-drug compositions providing protection and improvement of sensitive skin, skin soothing, and skin barrier strengthening (see instant application para. [0006] and [0011], inter alia). As "[p]roducts of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Accordingly, the reference anticipates the limitation of claims 1 and 2.
With regard to claim 4, the reference teaches that the active ingredients are present in an amount from 0.00001% to 50% by weight (pg. 13, lns. 6-9), which satisfies the instant application’s claimed range of 0.00001% to 10% by weight.
With regard to claims 5-7, the reference teaches a composition for treatment and/or care of the skin, including moisturizing the skin, that further includes common auxiliaries and carriers, such as antioxidant, vitamin, glycerin, butylene glycol, tocopheryl acetate, citric acid, panthenol, sodium citrate, allantoin, oil, water, surfactant, moisturizer, alcohol, chelating agent, and preservative, which are commonly used in cosmetic and quasi-drug compositions and are consistent with the limitations of instant claim 5, as further clarified by paras. [0039], [0041], and [0048] (see reference claims 8, 10; pg. 12, ln. 31; pg. 14, lns. 24-25, 29, 36; pg. 17, ln. 28; pg. 23, ln. 17; pg. 30, lns. 19, 22, 28; pg. 35, ln. 3; pg. 36, ln. 33, inter alia). The reference further teaches a composition comprising curcumin in combination with acetyl hexapeptide-8 and taurine for ‘treatment’ and/or care of the skin, with particular emphasis on ‘treating’ bags under eyes, ‘treatment’ and/or care of sensitive skin, ‘treatment’ and/or care of the skin, scalp, hair and nails, and dermatological ‘treatment’ of skin diseases (see reference application claim 10, pg. 14, ln. 2-3, inter alia). The instant application confirms that this same combination exhibits synergistic effects and provides protection and improvement of sensitive skin, skin soothing, and barrier enhancement (see instant application para. [0006]). In conjunction with the foregoing, the reference also expressly teaches a “cosmetic, pharmaceutical and/or alimentary composition” “for the treatment and/or care of the skin, scalp, hair and nails” whereby the “invention can be administered by topical or transdermal administration, orally, or by any other type of suitable route” (reference claim 17, pg. 35, lns. 17-18, inter alia). Accordingly, the reference anticipates the limitations of claims 5-7.
[4] Claims 1-3 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mill. (US20110129546A1, published 06/02/2011).
With regard to claims 1 and 3, the reference teaches a dermatological composition for inflammatory skin diseases comprising curcumin at 1% by weight in combination with taurine at 5% by weight as active ingredients, which falls within the ratio limitation of claim 3 (1:1000 [Symbol font/0xAE] 1:5 [Symbol font/0xAE] 100:1) (see reference claim 16 and para. [0023], inter alia). Accordingly, the reference anticipates the limitations of claims 1 and 3.
With regard to claim 2, the reference teaches a composition comprising curcumin and taurine (see reference claim 16). The instant application discloses that this same combination was found, through evaluation, to exhibit synergistic effects and represent to be effective in enhancing beta-defensin 2, and that the combination may be used in cosmetic or quasi-drug composition providing protection and improvement of sensitive skin, skin soothing, and skin barrier strengthening (see instant application para. [0006] and [0011], inter alia). As the Federal Circuit has held, "[p]roducts of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Accordingly, the reference anticipates the limitation of claim 2.
With regard to claims 5-7, the reference teaches a composition suitable for topical administration to the skin that further include common auxiliaries and carriers, such as antioxidants, vitamins, glycerin, water, and alcohol, which are commonly used in cosmetic and quasi-drug compositions and are consistent with the limitations of instant claim 5, as further clarified by paras. [0039], [0041], and [0048] (see reference claims 1 and 16-17, paras. [0087] and [0119], inter alia). The reference further teaches a composition comprising curcumin and taurine for the treatment of skin inflammation, with particular emphasis on ‘treating’ skin inflammation and ‘improving’ the anti-inflammatory effect (see reference application claim 16 and 24, para. [0229], inter alia). The instant application confirms that this same combination exhibits synergistic effects and provides protection and improvement of sensitive skin, skin soothing, and barrier enhancement (see instant application para. [0006]), and further states that management and control of skin inflammation results in "protecting sensitive skin" and "improving sensitive skin" (see instant application paras. [0029] and [0030]). In conjunction with the foregoing, the reference expressly teaches a “method of treating a skin inflammation disease comprising administering to a patient in need thereof a dermatological pharmaceutical composition” (reference claim 24). Accordingly, the reference anticipates the limitations of claims 5-7.
[5] Claims 1-3 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Athwal. (US20220401339A1, published 12/22/2022).
With regard to claims 1 and 3, the reference teaches a cosmetic composition for application to the skin to improve skin appearance, comprising curcumin at 1% by weight in combination with taurine at 1% by weight as active ingredients, which falls within the ratio limitation of claim 3 (1:1000 [Symbol font/0xAE] 1:1 [Symbol font/0xAE] 100:1) (see reference para. [0002] and Table 12, inter alia). Accordingly, the reference anticipates the limitations of claims 1 and 3.
With regard to claim 2, the reference teaches a composition comprising curcumin and taurine (see reference Table 12, inter alia). The instant application discloses that this same combination was found, through evaluation, to exhibit synergistic effects and represent to be effective in enhancing beta-defensin 2, and that the combination may be used in cosmetic or quasi-drug composition providing protection and improvement of sensitive skin, skin soothing, and skin barrier strengthening (see instant application para. [0006] and [0011], inter alia). As the Federal Circuit has held, "[p]roducts of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Accordingly, the reference anticipates the limitation of claim 2.
With regard to claims 5-7, the reference teaches a cosmetic composition for application to the skin to improve skin appearance, including reducing skin dryness (i.e., improving smoothness) and decreasing skin-associated inflammation, that further include common auxiliaries and carriers, such as antioxidants, glycerin, butylene glycol, tocopheryl acetate, panthenol, sodium citrate, allantoin, oil, Water, Surfactant, alcohol, thickener, and preservative, which are commonly used in cosmetic and quasi-drug compositions and are consistent with the limitations of instant claim 5, as further clarified by paras. [0039], [0041], and [0048] (see reference claims 3, 15-16, paras. [0007], [0017], [0012], [0021], [0022], [0025], [0033], [0034], [0045] and [0009], inter alia). The reference further teaches a composition comprising curcumin and taurine for application to the skin to improve skin appearance, with particular emphasis on ‘protecting’ the skin, ‘improving’ appearance of the skin and ‘treating’ a condition associated with the skin (i.e., scalp) (see reference application claim 17, para. [0022] and [0049], inter alia). The instant application confirms that this same combination exhibits synergistic effects and provides protection and improvement of sensitive skin, skin soothing, and barrier enhancement (see instant application para. [0006]), and further states that management and control of skin inflammation results in "protecting sensitive skin" and "improving sensitive skin" (see instant application paras. [0029] and [0030]). In conjunction with the foregoing, the reference expressly teaches a “method of treating a condition associated with the scalp of a subject, the method comprising administering an effective amount of the composition of claim 2 to the scalp of the subject” where such condition may include skin-associated inflammation (reference claim 24, para. 0017, inter alia). Accordingly, the reference anticipates the limitations of claims 5-7.
[6] Claims 1-3 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Du. (CN107881216A, published 04/06/2018).
With regard to claim 1 and 3, the reference teaches a composition for anti-aging skin care comprising curcumin (3-5 parts), classified as an antioxidant (see page 3, section 3, coupled with claim 9), in combination with acetyl hexapeptide-8 (0.3-2.5 parts), classified as a polypeptide (see page 3, section 3, coupled with claim 9), as active ingredients (see reference claims 5-6, inter alia). This composition falls within the ratio limitation of instant claim 3 (1:1000 [Symbol font/0xAE] 10:1 [Symbol font/0xAE] 100:1) (see reference page 3, section 3; claim 9, inter alia). Accordingly, the reference anticipates the limitations of claims 1 and 3.
With regard to claim 2, the reference teaches a composition comprising curcumin and acetyl hexapeptide-8 (see reference claims 5 and 6, inter alia). The instant application discloses that this same combination was found, through evaluation, to exhibit synergistic effects and to be effective in enhancing beta-defensin 2, and that the combination may be used in cosmetic or quasi-drug compositions providing protection and improvement of sensitive skin, skin soothing, and skin barrier strengthening (see instant application para. [0006] and [0011], inter alia). As the Federal Circuit has held, "[p]roducts of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Accordingly, the reference anticipates the limitation of claim 2.
With regard to claims 5-7, the reference teaches a cosmetic composition for anti-aging skin care product, including moisturizing the skin, that further include common auxiliaries and carriers, such as antioxidant, solubilizer, fragrance, glycerin, butylene glycol, oil, water, moisturizer, alcohol, thickener, chelating agent, and preservative, which are commonly used in cosmetic and quasi-drug compositions and are consistent with the limitations of instant claim 5, as further clarified by paras. [0039], [0041], and [0048] (see reference claims 4-5, and 7, Examples 1-2 and 4, inter alia). The reference further teaches a composition comprising curcumin and acetyl hexapeptide-8 for application to the skin to improve skin appearance, with particular emphasis on ‘protection’ against oxidation and ‘improvement’ of anti-aging capability (see reference application Example 2 – pg. 8, step 4 – pg. 5, inter alia). The instant application confirms that this same combination exhibits synergistic effects and provides protection and improvement of sensitive skin, skin soothing, and barrier enhancement (see instant application para. [0006]), and further states that management and control of moisture loss results in "soothing the skin" and strengthening the “skin barrier” (see instant application paras. [0031]-[0032]). In conjunction with the foregoing, the reference also expressly teaches a method for customizing anti-aging skin care products by measuring polymorphism of anti-aging related genes and expression levels of corresponding cDNA and selecting components and dosage to prepare an appropriate anti-aging skin care product for a user (reference disclosure of invention, inter alia). Accordingly, the reference anticipates the limitations of claims 5-7.
[7] Claims 1-2, and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Son et al. (US20180193236A1, published 07/12/2018).
With regard to claim 1, the reference teaches a composition for skin surface modification comprising curcumin in combination with aminoethanesulfonic acid (i.e., taurine, anticipated by Son et al. as evidenced by Kondo and Ishimoto, published in 1987; month and day unavailable) as active ingredients (see reference para. [0051], inter alia). Accordingly, the reference anticipates the limitations of claim 1.
With regard to claim 2, the reference teaches a composition comprising curcumin and aminoethanesulfonic acid (see reference para. [0051], inter alia). The instant application discloses that this same combination was found, through evaluation, to exhibit synergistic effects and to be effective in enhancing beta-defensin 2, and that the combination may be used in cosmetic or quasi-drug compositions providing protection and improvement of sensitive skin, skin soothing, and skin barrier strengthening (see instant application para. [0006] and [0011], inter alia). As the Federal Circuit has held, "[p]roducts of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Accordingly, the reference anticipates the limitation of claim 2.
With regard to claims 5-7, the reference teaches a composition for skin surface modification comprising curcumin in combination with aminoethanesulfonic acid, including moisturizing the skin, that further include common auxiliaries and carriers, such as stabilizers, vitamins, pigments, fragrances, glycerin, tocopheryl acetate, citric acid, panthenol, squalane, allantoin, oil, water, surfactants, alcohol, chelating agents, and preservatives, which are commonly used in cosmetic and quasi-drug compositions and are consistent with the limitations of instant claim 5, as further clarified by paras. [0039], [0041], and [0048] (see reference paras. [0049], [0051], [0052], [0064], [0067], [0069], [0070], [0073], [0094], [0117], [0121], Example 2, inter alia). The reference further teaches a composition comprising curcumin and aminoethanesulfonic acid (i.e., taurine) for skin surface modification, with particular emphasis on freshening the skin and protecting it, improving the condition of areas damaged by melanin pigmentation, reducing wrinkles, and skin soothing (see reference application para. [0065], [0068], [0072], and [0118], inter alia). The instant application confirms that this same combination exhibits synergistic effects and provides protection and improvement of sensitive skin, skin soothing, and barrier enhancement (see instant application para. [0006]), and further states that management and control of moisture loss results in "soothing the skin" and strengthening the “skin barrier” (see instant application paras. [0031]-[0032]). In conjunction with the foregoing, the reference expressly teaches that the composition for skin surface modification according to the present invention includes a skin surface-modifying component having a functional group and thus may be used in skin care product treatment. The skin care products generally are products for freshening and protecting the skin, and may include all formulations that can be applied to skin, including basic cosmetics (e.g., toners, serums, essences, lotions, creams, and the like), amongst others (reference para. [0118], inter alia). Accordingly, the reference anticipates the limitations of claims 5-7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALI M ALAOUIE whose telephone number is 571-272-0844. The examiner can normally be reached Flextime: (M-TH) 7:30 am 6:30 pm.
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, Ali Soroush can be reached at 571-272-9925. 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.
/ALI M. ALAOUIE/Examiner, Art Unit 1614
/ALI SOROUSH/Supervisory Patent Examiner, Art Unit 1614