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
Claims 1-5 are pending. Claims 1-5 are examined on the merits.
Claim Rejections –35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1-5 are rejected under 35 U.S.C. 103(a) as being unpatentable over Springstead (US 20050100524 A1), in view of Allan (Allan, Seborrhoeic dermatitis. International Journal of Aromatherapy (2003), Volume 13, Number 1, pp. 47-48), and further in view of Chew (Chew, The beneficial properties of virgin coconut oil in management of atopic dermatitis. Pharmacognosy Reviews, (January-June 2019) Vol. 13, No. 25, pp. 24-27).
Springstead teaches the skin formulation of the present invention is a non-alcoholic composition for treating and alleviating skin disorders, including dermatitis (thus a method for treating skin tissue, thus dermally administering to a human a portion of a composition), rough skin, cracking, itching and psoriasis. The formulation includes only natural ingredients. All oils in the formulation are unadulterated or minimally processed and do not result in irritation to the skin or other harmful side effects. The compositions can be formulated as a lotion, lotion bar, or soap. The lotion and lotion bar include, in one embodiment, shea butter (thus the claimed component), mango butter (thus the claimed component), beeswax (thus the claimed component), chamomile, carrot seed oil, rosemary oil, cedar wood oil, rosewood oil, rosehips oil, grapefruit seed extract, and sweet orange oil [0018]. For preparing the lotion from the ingredients described above, ingredients (c)-(g) and one-half of the beeswax are heated to 100.degree. F. until melted (thus claim 2 is met). As soon as the oils are melted, they can be blended with water if desired. Ingredients (h) and (j)-(q) are then poured into the mixture. Preferably, the mixture is blended for five minutes and then poured into a warm, clean container. The container is sealed and stored overnight. After twenty-four hours, the mango butter and the remaining beeswax are melted together (thus claims 2 and 5 are met). The mixture which had been set aside overnight is then emptied into a blending container, and then slowly, preferably at a rate of one ounce per five seconds, the melted mango and pure beeswax are poured into the container. The shea butter is then added into the mixture (thus claims 2 and 5 are met). The entire mixture is then blended for approximately five minutes and then allowed to aerate. The mixture is then poured into clean containers, covered with breathable, sterile cloth, and set aside for forty-eight hours. In all instances where heating or melting of the ingredients is required, a double boiler, stainless steel pot is preferably used [0028].
Springstead does not teach the incorporation of extra virgin coconut oil, lavender oil, geranium oil, and blue tansy oil; neither does Springstead teach the mixing is in a sequence based on most to least density.
Allan teaches a case of seborrhoeic dermatitis is reported in a 38-year-old man suffering from the disease for 24 years. Treatment with hydrocortisone cream failed to improve his condition. He changed to only using some antidandruff shampoos which only gave him some slight relief. An alternative treatment involving the use of essential oils was prescribed. He was given a base shampoo produced and a cream containing the essential oils of geranium (Pelargonium asperum [P. graveolens]) (thus the claimed geranium oil), palmarosa (Cymbopogon martinii), laurel (Laurus nobilis), tansy (Tanacetum annuum) (thus the claimed blue tansy oil) and spike lavender (Lavandula latifolia) (thus the claimed lavender oil).
Occasionally, for the first few weeks, a tiny amount would appear in his face. However, his face remained clear when he applied the cream once a week on areas normally affected by the dermatitis (see Abstract).
Chew teaches atopic dermatitis (AD) is a chronic, inflammatory skin disease that is characterized by intense pruritus and eczematous lesions. It is an increasingly pruritic inflammatory skin disorder which can affect both children and adults. Natural products offer great hope in the identification of bioactive lead compounds and their development into topical cream or ointment in managing skin diseases which are associated with inflammatory response. One of the most popular natural products which have been vastly used in managing AD is virgin coconut oil (VCO). VCO is extracted from the fresh and mature kernel of the coconut (Cocos nucifera L.) through wet and dry methods, without altering the valuable phytochemicals and physiochemical properties of the oil. It possesses numerous health benefits from the retained physiochemical properties from its triglycerides and medium chain fatty acids. The use of VCO in the management of AD is one of the topical therapies which have been proven to have good therapeutic effects and it is safe for topical applications. Studies have been proven that VCO exhibits antioxidant, anti-inflammatory, antibacterial, wound healing, and moisturizing properties which were extremely important in the management of AD (see Abstract).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the claimed geranium oil, lavender oil, and blue tansy oil from Allan since Allan teaches a cream for treating dermatitis containing those components.
It would also have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to the claimed virgin coconut oil from chew since Chew teaches a cream for treating dermatitis containing virgin coconut oil.
Since all of the references teach treating dermatitis, one of ordinary skill in the art would have been motivated to combine the teachings of the references together.
Regarding the claimed amount of each component in claim 1 or the mixing sequence in claims 3 and 4, determining an appropriate amount of the components within the composition or a specific mixing sequence is deemed merely a matter of judicious selection and routine optimization which is well within the purview of the skilled artisan. Regarding the claimed extra virgin coconut oil, it is noted that extra virgin coconut oil and virgin coconut oil are used interchangeably in the art.
From the teachings of the references, it is apparent that one of the ordinary skills in the art would have had a reasonable expectation of success in producing the claimed invention.
Thus, the invention as a whole is prima facie obvious over the references, especially in the absence of evidence to the contrary.
Conclusion
No claim is allowed.
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/Qiuwen Mi/
Primary Examiner, Art Unit 1655