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 .
Claims Status
Claim 1 now requires that the hair perming composition does not contain DL-2-amino-1-propanol. Since Dhamdhere et al. teach DL-2-amino-1-propanol, the rejection has been withdrawn due to amendments to the claims. Applicant’s argue that Dhamdhere requires the DL-2-amino-1-propanol, whereas the claims now exclude it. Examiner respectfully submits that due to the exclusion of the DL-2-amino-1-propanol the Dhamdhere reference has been withdrawn. The amendment to the claims necessitated a new grounds of rejection provided below.
Applicants' arguments and amendments filed on 04/09/2026, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
application.
Claims 1 and 3-4 are under current examination.
New Rejections-necessitated by claim amendments
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Esposito (United States Patent Publication 2023/0329991-publication date 10/19/2023).
Esposito teaches hair compositions comprising at least one alkalizing agent and at least one reducing agent wherein the reducing agent is thioglycolic acid alone or in mixtures, see claims 1 and 3. The reducing agent which includes thioglycolic acid can comprise about 0.1-35% by weight, see claim 4. The alkalizing agent which includes 2-amino-2-methyl-1,3-propanediol alone or in mixtures can be present from about 0.1-10% by weight, see claims 5-6.The pH can be adjusted within the range of 5.5-12 or most preferably from 7.5-9.5, see paragraphs [0062]-[0069]. The composition provides superior permanent shaping performance with reduced odor, see abstract and paragraph [0001]. The shaping can be used to curl or straighten human hair thus meets perming hair care compositions, see paragraph [0039], [0134], [0136]. Regarding the claimed range of thioglycolic acid, Esposito teaches from 0.1-35% by weight renders obvious the instantly claimed range of 5-8% by weight. Regarding the pH, a range of preferably from 7.5-9.5 overlaps and renders obvious a pH of greater than 7 and a pH of at least 8. Regarding the molar ratio of 2-amino-2-methyl-1,3-propanediol to thioglycolic acid, thioglycolic acid has a molar mass of 92.11g/mol and can be present in an amount that is inclusive of 5% by weight to 8% by weight. A 5% by weight of thioglycolic acid is equal to 5.0g/92.11g/mol= 0.05428 mol. A 10% of 2-amino-2-methyl-1,3-propanediol which has a molar mass of 105.14g/mol is equal to 10g/105.14=0.09511 mol. Thus, the molar ratio of the alkanolamine to thioglycolic acid is at least 1.75 since 0.09511/0.05428 g/mol=1.752 and is inclusive of greater than 1.75 given the range for the of 2-amino-2-methyl-1,3-propanediol is not limited to 10% as it is up to “about” 10% by weight in Esposito. Thus, the molar ratio of alkanolamine to thioglycolic acid in Exposito meets the at least 1.5 or at least 1.75 claimed.
It would have been prima facie obvious to adjust the amount of thioglycolic acid of Esposito because the reducing agent which includes thioglycolic acid is taught to reduce malodor and provide deformation effectiveness of hair. Since Esposito encompasses a range inclusive of 5-8% thioglycolic acid and a range from 0.1-10% by weight of -amino-2-methyl-1,3-propanediol thus encompassing a ratio that includes 1.84 which is at least 1.75. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Accordingly, the teachings of Esposito render instant calms 1 and 3-4 prima facie obvious
Conclusion
Applicant’s amendments to the claims necessitated a new grounds of rejection. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
Currently, no claims are allowed and all claims are rejected.
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH ALAWADI whose telephone number is (571)270-7678. The examiner can normally be reached Monday-Friday 10:00am-6:30pm EST. 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, David Blanchard can be reached at 571-272-0827. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH ALAWADI/Primary Examiner, Art Unit 1619
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