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 .
Detailed Action
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 31 January 2024 is acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner. See attached copy of PTO-1449.
Response to Restriction
2. Applicant's election with traverse of Group II (claims 48-61) and species of “treating, cleansing, or deodorizing”, “skin, hair, or nails” and “skin to reduce the frequency of acne” in the reply filed on 5 September 2025 is acknowledged. The traversal is on the ground(s) that they contain overlapping subject matter. Applicant believes claim 48 should also be generic. This is not found persuasive because a prior art search for treating, cleansing or deodorizing a material by applying a composition comprising saponin, a deodorizer, cyclodextrin and a solvent would not necessarily result in the specific methods as cited in claim 42 wherein the saponin, deodorizer, cyclodextrin, and solvent are impregnated into a textile. Claim 48 was not included in the generic claims because it is a separate species from claims 60-61.
The requirement is still deemed proper and is therefore made FINAL.
Status of Application
3. The instant application is a Divisional of Application 16/189,428 (now Patent No. 11,911,489) filed 13 November 2018, which is a Continuation of PCT/US2017/032701. Claims 1-41 have been cancelled. Claims 42-61 are currently pending. Claims 42-47 and 53-61 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5 September 2025.Claims 48-52 are examined on the merits within.
Claim Objections
4. Claim 48 is objected to because of the following informalities: “The method of treating” should instead recite “A method of treating”. Appropriate correction is required.
Claim Rejections – 35 U.S.C. 102
5. 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.
6. Claim(s) 48-50 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (CN104814895 A)
Regarding instant claims 48-50, Zhang et al. disclose a natural shampoo formulation comprising 2-8% tea saponin, 0.4-0.5% β-cyclodextrin, 30-40% Sapindus extract, 10-15% aloe vera gel juice, and 20-25% water. See page 1. The composition comprises a fragrance. See page 3. Zhang teaches that the sachet of the sapindus contains saponins and the pericarp contains triterpenoid saponins. See page 2. The shampoo is applied once every day at the hair loss. See page 4.
Thus the instant claims are anticipated by Zhang et al.
Claim Rejections – 35 U.S.C. 103
7. 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.
8. Claim(s) 48-52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN104814895 A) in view of Blotsky et al. (U.S. Patent Application Publication No. 2010/0129465)
Regarding instant claims 48-50, Zhang et al. teach a natural shampoo formulation comprising 2-8% tea saponin, 0.4-0.5% β-cyclodextrin, 30-40% Sapindus extract, 10-15% aloe vera gel juice, and 20-25% water. See page 1. The composition comprises a fragrance. See page 3. Zhang teaches that the sachet of the sapindus contains saponins and the pericarp contains triterpenoid saponins. See page 2. The shampoo is applied once every day at the hair loss. See page 4.
Zhang et al. do not teach application to treat wounds or acne.
Blotsky et al. teach methods and compositions for treating acne using a composition comprising a large amount of naturally occurring minerals. See abstract. Plant derived ingredients containing saponins are preferred. Saponins, as a result of their surfactant attributes, have antimicrobial activity, and as part of their biological complexes can provide additional anti-inflammatory activity. See paragraphs [0334-0336]. Aloe helps treat acne, burns, wounds and infections. Aloe contains saponins which gives it its skin penetrative ability and oil control, while exerting antimicrobial effect against bacteria. See paragraph [0369]. Melaluca altenifolla extract (Tea Tree) is supplied as a cyclodextrin encapsulate. See paragraph [0367]. The formulation can also be applied to hair. See paragraph [0152].
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to administer the formulation of Zhang et al. to treat wounds and acne because Blotsky et al. teach the known effective antimicrobial properties of saponins, the effective treatment of acne with tea tree encapsulated by cyclodextrin, and wound healing caused by aloe vera which also comprises saponins. It would have been well within the purview of the skilled artisan to administer the formulation once a day because this is known to not cause toxicity when administered to the hair as taught by Zhang et al.
Correspondence
9. No claims are allowed at this time.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WORSHAM whose telephone number is (571)270-7434. The examiner can normally be reached Monday-Friday (8-5).
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/JESSICA WORSHAM/Primary Examiner, Art Unit 1615