DETAILED ACTION
Previous Rejections
Applicant’s arguments, filed January 13, 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 Rejections and/or objections not reiterated from previous office actions are hereby withdrawn.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.
Claim Status
Claims 6, 7, and 17 are cancelled.
Claims 1 – 5, 8 – 16, and 18 – 20 are examined here-in.
Claim Rejections - 35 USC § 103 (New, Necessitated by Amendment)
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 non-obviousness.
Claims 1 – 5, 8 – 16, and 18 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Carle 2020 (US 2020/0297600 A1, of record), Carle 2021 (WO 2021/243359 A1, of record) and Sverdlove (US 10,973,749, of record).
Carle 2020 teaches compositions and methods for topical application to the skin (abstract). Carle teaches applying a composition to the skin and allowing it to remain on to moisturize the skin (paragraph 0028).
Carle 2020 teaches the composition contains glycerin in the amount of 1 – 10% by weight (claim 7).
Carle 2020 teaches the composition contains dimethicone in the amount of 0.01 - 15% by weight (claim 8).
Carle 2020 teaches the composition contains hydroxyacetophenone in the amount of 0.01 – 5% by weight (claim 8).
Carle 2020 teaches the composition contains caprylyl glycol, hexylene glycol, and ethylhexylglycerin (paragraphs 0018, 0021, 0079, 0084, Tables 15, 17, claim 6).
Carle 2020 teaches the composition contains ammonium acryloyldimethyltaurate/VP copolymer in the amount of 0.1 – 10% by weight (paragraphs 0018 – 0020, 0100, Tables 15, 16, claims 6 and 7).
Carle 2020 teaches the composition contains tocopherol in the amount of 0.01 – 1% by weight (paragraphs 0018, 0021, 0079, 0084, 0086, 0146, 0165, Tables 6, 9, 15, 17, and claim 6).
Carle 2020 teaches the composition contains butylene glycol (paragraph 0019, Tables 8, 16, 17, claims 7, 8, 10).
Carle 2020 teaches the composition contains Helianthus annus seed oil (paragraph 0084).
Carle 2020 teaches the composition contains Butyrospermum parkii butter (paragraph 0084).
Carle 2020 teaches the composition contains glyceryl stearate and stearic acid (paragraphs 0017, 0019, 0021, Tables 6, 10, 14, 16, 17, claims 7, 8).
Carle 2020 teaches the composition contains caprylic triglyceride in the amount of 0.01 – 5% by weight (paragraph 0019, Tables 10, 16, 17, claim 8).
Carle 2020 teaches the composition contains petrolatum (paragraphs 0081, 0084, Tables 7, 11).
Carle 2020 teaches the composition contains silica (paragraphs 0017, 0018, 0095, 0105, Tables 14, 15, claims 6, 7).
Carle 2020 teaches the composition contains water in the amount of 25 – 98% (paragraph 0010, claim 16).
Carle 2020 does not teach the composition includes cetearyl ethylhexanoate, isostearyl alcohol, betaine, or dipropylene glycol.
Carle 2021 teaches the missing elements of Carle 2020.
Carle 2021 teaches topical compositions and methods to increase skin hydration (abstract).
Carle 2021 teaches betaine, cetearyl ethylhexanoate, and dipropylene glycol are ingredients to increase skin moisture content (paragraphs 0014 – 0017).
Carle 2021 teaches cetearyl ethylhexanoate should be included in the amount of 1 to 10% by weight of the composition (paragraph 0015).
A person of ordinary skill in the art would be motivated to modify the moisturizing composition of Carle 2020 by adding moisturizing agents including betaine, cetearyl ethylhexanoate, and dipropylene glycol because Carle 2021 teaches these ingredients increase skin moisture content (paragraphs 0014 – 0017). Therefore, the combination of Carle 2020 and Carle 2021 is prima facie obvious according to MPEP 2143(i)(a) as combining prior art elements according to known methods to yield predictable results.
The combination of Carle 2020 and Carle 2021 does not teach isostearyl alcohol.
Sverdlove teaches the missing element of Carle 2020 and Carle 2021.
Sverdlove teaches a cosmetic composition and methods for treating the skin (abstract, column 1 lines 6 - 10).
Sverdlove teaches the composition should contain a fatty compound, which may aid in the solubility of certain actives (column 2 lines 30 – 31, 57 – 59). Sverdlove teaches isostearyl alcohol is a saturated liquid fatty alcohol suitable for inclusion in the composition in the amount of 0.1 – 25% (column 8 lines 58 – 60, column 10 lines 5 – 28). A person of ordinary skill in the art would be motivated to include isostearyl alcohol in a cosmetic composition to help solubilize organic compounds.
The combination of Carle 2020, Carle 2021, and Sverdlove renders instant claims 1 – 5, 8 – 16, and 18 – 20 prima facie obvious as combining prior art elements according to known methods to yield predictable results. As noted above, a person of ordinary skill in the art would be motivated to modify the moisturizing composition of Carle 2020 by adding moisturizing agents including betaine, cetearyl ethylhexanoate, and dipropylene glycol because Carle 2021 teaches these ingredients increase skin moisture content (paragraphs 0014 – 0017). Then, a person of ordinary skill in the art would be motivated to modify the combination of Carle 2020 and Carle 2021 by adding isostearyl alcohol because Sverdlove teaches these inclusion of a fatty alcohol helps to solubilize non-aqueous ingredients (column 2 lines 30 – 31, 57 – 59, column 8 lines 58 – 60, column 10 lines 5 - 28). Therefore, the combination of Carle 2020, Carle 2021, and Sverdlove is prima facie obvious according to MPEP 2143(i)(a) as combining prior art elements according to known methods to yield predictable results.
Carle 2020’s teaching for applying a composition containing glycerin, dimethicone, hydroxyacetophenone, caprylic triglyceride, petrolatum, butylene glycol, Helianthus annus seed oil, Butyrospermum parkii butter, glyceryl stearate, and stearic acid to moisturize the skin (abstract, paragraphs 0017, 0019, 0021, 0028, 0081, 0084, Tables 6, 7, 8, 10, 11, 14, 16, 17, claims 7, 8, 10) in combination with Carle 2021’s teaching for cetearyl ethylhexanoate and betaine as moisturizing agents (paragraphs 0014 – 0017), further combined with Sverdlove’s teaching for isostearyl alcohol (column 8 lines 58 – 60, column 10 lines 5 – 28) reads on amended claims 1 and 11.
Carle 2020’s teaching that the composition contains glycerin in the amount of 1 – 10% by weight, dimethicone in the amount of 0.01 - 15% by weight, and hydroxyacetophenone in the amount of 0.01 – 5% by weight (claims 7, 8) overlaps on the instantly claimed amounts of 3 – 7% glycerin, 0.5 – 4.5% dimethicone, and 0.1 – 0.5% hydroxyacetophenone as recited in claims 2 and 12. Claimed ranges that overlap with teachings of the prior art are prima facie obvious according to MPEP 2144.05(i).
Carle 2020’s teaching that the composition contains caprylyl glycol, hexylene glycol, and ethylhexylglycerin (paragraphs 0018, 0021, 0079, 0084, Tables 15, 17, claim 6) reads on instant claim 3 and 13.
Carle 2020’s teaching that the composition contains ammonium acryloyldimethyltaurate/VP copolymer in the amount of 0.1 – 10% by weight (paragraphs 0018 – 0020, 0100, Tables 15, 16, claims 6 and 7)reads on claims 4, 14, and 15. Carle’s teaching overlaps on the instantly claimed amount of 0.5 – 1.5% as recited in claim 15.
Carle 2020’s teaching that the composition contains tocopherol (paragraphs 0018, 0021, 0079, 0084, 0086, 0146, 0165, Tables 6, 9, 15, 17, and claim 6) reads on instant claims 5 and 16.
Carle 2020’s teaching that the composition contains silica (paragraphs 0017, 0018, 0095, 0105, Tables 14, 15, claims 6, 7) in combination with Carle 2021’s teaching that the composition contains dipropylene glycol (paragraphs 0014 – 0017) reads on instant claims 8 and 19.
Carle 2020’s teaching that for a method of applying a cream composition to the skin and letting it remain to moisturize the skin (abstract, paragraph 0028, Table 17) reads on instant claims 9 and 10.
Carle 2020, Carle 2021, and Sverdlove’s teaching that the composition should include cetearyl ethylhexanoate in the amount of 1 to 10% by weight of the composition (Carle 2021 paragraph 0015), caprylic triglyceride in the amount of 0.01 – 5% by weight (Carle 2020 paragraph 0019, Tables 10, 16, 17, claim 8), isostearyl alcohol in the amount of 0.1 – 25% (Sverdlove column 8 lines 58 – 60, column 10 lines 5 – 28), and petrolatum in the example amount of 2.5% (Carle 2020 paragraphs 0081, 0084, Tables 7, 11, Carle 2021 paragraphs 0058, 0059, Table 10) reads on instant claim 18. Cetearyl ethylhexanoate in the amount of 1 to 10% by weight of the composition, caprylic triglyceride in the amount of 0.01 – 5% by weight, isostearyl alcohol in the amount of 0.1 – 25%, and petrolatum in the example amount of 2.5% overlap on the instantly claimed amounts of 5 to 9% by weight cetearyl ethylhexanoate, 3 to 6% by weight caprylic triglyceride, 1 to 4% by weight isostearyl alcohol, and 1 to 4% by weight petrolatum as recited in claim 18. Claimed ranges that overlap teachings of the prior art are prima facie obvious according to MPEP 2144.05(i).
Carle 2020’s teaching that the composition contains water in the amount of 25 – 98% (paragraph 0010, Table 17, claim 16) overlaps on the claimed range of 60 to 95% water, reading on instant claim 20.
Claims 1 – 5, 8 – 16, and 18 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Norman (US 2019/0290575 A1, of record), Carle 2021 (as cited above), and Sverdlove (as cited above).
Norman teaches compositions and methods for moisturizing the skin (abstract).
Norman teaches the composition is topically applied to the skin and left on the application area (paragraph 0020). Norman teaches that compositions for topical application that are left on the skin are formulated as lotions, serums, toners, or creams (paragraph 0020).
Norman teaches lotion formulations which are oil-in-water emulsions (paragraph 0113, Table 13). Norman teaches a composition with 71% water, 3% glycerin, 3% dimethicone, 0.6% ammonium acryloyldimethyltaurate/VP copolymer, 0.5% hydroxyacetophenone, and tocopherol, among other ingredients (Table 13).
Norman teaches the composition contains caprylyl glycol (paragraphs 0017, 0031, Tables 11, 16).
Norman teaches the composition contains hexylene glycol (paragraph 0062).
Norman teaches the composition contains ethylhexylglycerin (paragraphs 0057, Table 15).
Norman teaches the composition contains ammonium acryloyldimethyltaurate/VP copolymer in the amount of 0.1 – 1% (paragraphs 0014 – 0017, 0078, Tables 11 – 14).
Norman teaches the composition contains tocopherol (paragraphs 0057, 0062, 0064, 0100, Tables 13, 15, 17).
Norman teaches the composition contains butylene glycol (paragraphs 0014 – 0019, 0044, 0062, Tables 11 – 17, claim 6).
Norman teaches the composition contains Helianthus annus seed oil and Butyrospermum parkii butter (paragraphs 0062).
Norman teaches the composition contains glyceryl stearate (paragraphs 0014, 0017, 0019, 0062, 0068, Table 17).
Norman teaches the composition contains stearic acid (paragraphs 0062, 0066, Table 17).
Norman teaches the composition contains betaine (Table 15).
Norman teaches the composition contains caprylic triglyceride (paragraphs 0014 – 0018, 0023, 0045, 0062, Tables 11 – 17, claim 6).
Norman teaches the composition contains petrolatum (paragraphs 0015, 0017, 0059, 0062, Tables 11 – 13).
Norman teaches the composition contains dipropylene glycol (paragraphs 0014, 0017, 0019, Table 17).
Norman teaches the composition contains silica (paragraphs 0014, 0016, 0017, 0073, 0083, Tables 14, 16).
Norman teaches the composition contains water in the amount of 25 - 90% (paragraph 0012).
Norman does not teach the composition includes cetearyl ethylhexanoate or isostearyl alcohol or amounts of caprylic triglyceride and petrolatum.
Carle 2021 teaches a missing element of Norman.
Carle 2021 teaches topical compositions and methods to increase skin hydration (abstract).
Carle 2021 teaches cetearyl ethylhexanoate is an ingredient to increase skin moisture content that should be included in the amount of 1 to 10% by weight of the composition (paragraphs 0014 – 0017).
Carle 2021 teaches additional moisturizing agents including caprylic triglyceride should be included in the amount of 0.1 to 10% of the composition and petrolatum in an example amount of 2.5% (paragraphs 0017, 0058, 0059, Table 10, claims 8 and 17).
A person of ordinary skill in the art would be motivated to modify Norman’s composition to include cetearyl ethylhexanoate because Carle 2021 teaches this ingredient helps to increase skin moisture content (paragraphs 0014 – 0017). Therefore, the combination of Norman and Carle 2021 is prima facie obvious as combining prior art elements according to known methods to yield predictable results (MPEP 2143(i)(a)).
The combination of Norman and Carle 2021 does not teach isostearyl alcohol.
Sverdlove teaches the missing element of Norman and Carle 2021.
Sverdlove teaches a cosmetic composition and methods for treating the skin (abstract, column 1 lines 6 - 10).
Sverdlove teaches the composition should contain a fatty compound, which may aid in the solubility of certain actives (column 2 lines 30 – 31, 57 – 59). Sverdlove teaches isostearyl alcohol is a saturated liquid fatty alcohol suitable for inclusion in the composition in the amount of 0.1 – 25% (column 8 lines 58 – 60, column 10 lines 5 – 28). A person of ordinary skill in the art would be motivated to include isostearyl alcohol in a cosmetic composition to help solubilize organic compounds.
The combination of Norman, Carle 2021, and Sverdlove renders instant claims 1 – 5, 8 – 16, and 18 – 20 prima facie obvious as combining prior art elements according to known methods to yield predictable results. As discussed above, a person of ordinary skill in the art would be motivated to modify Norman’s composition to include cetearyl ethylhexanoate because Carle 2021 teaches this ingredient helps to increase skin moisture content (paragraphs 0014 – 0017). Further, a person of ordinary skill in the art would be motivated to modify the moisturizing composition of Norman and Carle 2021 by adding isostearyl alcohol because Sverdlove teaches these inclusion of a fatty alcohol helps to solubilize non-aqueous ingredients (column 2 lines 30 – 31, 57 – 59, column 8 lines 58 – 60, column 10 lines 5 - 28). Therefore, the combination of Norman, Carle 2021, and Sverdlove is prima facie obvious according to MPEP 2143(i)(a) as combining prior art elements according to known methods to yield predictable results.
Norman’s teaching for the topical application of a composition which contains glycerin, dimethicone, hydroxyacetophenone, caprylic triglyceride, petrolatum, butylene glycol, Helianthus annus seed oil, Butyrospermum parkii butter, glyceryl stearate, stearic acid, and betaine (abstract, paragraphs 0014 – 0019, 0020, 0023, 0044 – 0045, 0059, 0062, 0066, 0068, Tables 11 – 17, claim 6), in combination with Carle 2021’s teaching that a moisturizing composition should include cetearyl ethylhexanoate, and further combined with Sverdlove’s teaching for isostearyl alcohol (column 8 lines 58 – 60, column 10 lines 5 – 28) reads on instant claims 1 and 11.
Norman’s teaching for the topical application of a composition which contains 3% glycerin, 3% dimethicone, and 0.5% hydroxyacetophenone (abstract, paragraph 0020, Table 13) to the skin reads on instant claims 2 and 12. Glycerin in the amount 0f 3%, dimethicone in the amount of 3%, and hydroxyacetophenone in the amount of 0.5% (abstract, paragraph 0020, Table 13) overlap on the claimed amounts of 3 – 7% glycerin, 0.5 – 4.5% dimethicone, and 0.1 – 0.5% hydroxyacetophenone as recited in claims 2 and 12. Claimed ranges that overlap with teachings of the prior art are prima facie obvious according to MPEP 2144.05(i).
Norman’s teaching that the composition contains caprylyl glycol, hexylene glycol, and ethylhexylglycerin (paragraphs 0017, 0031, 0057, 0062, Tables 11, 15, 16) reads on instant claims 3 and 13.
Norman’s teaching that the composition contains ammonium acryloyldimethyltaurate/VP copolymer in the amount of 0.1 – 1% (paragraphs 0014 – 0017, 0078, Tables 11 – 14) reads on instant claims 4, 14, and 15. Ammonium acryloyldimethyltaurate/VP copolymer in the amount of 0.1 – 1% (paragraphs 0014 – 0017, 0078, Tables 11 – 14) overlaps on the instantly claimed range of 0.5 – 1.5% as recited in claim 15.
Norman’s teaching that the composition includes tocopherol (paragraphs 0057, 0062, 0064, 0100, Tables 13, 15, 17) reads on instant claims 5 and 16.
Norman’s teaching that the composition contains dipropylene glycol and silica (paragraphs 0014, 0016, 0017, 0019, 0073, 0083, Tables 14, 16, 17) reads on instant claims 8 and 19.
Norman’s teaching that the composition can be a lotion, cream, or butter, and example of a lotion formulation which is an oil-in-water emulsion (paragraphs 0012, 0113, Table 13) reads on instant claim 9.
Norman’s teaching that the composition is topically applied to the skin and left on the application area (paragraph 0020) anticipates instant claim 10.
Norman, Carle 2021, and Sverdlove’s teachings that the composition should include cetearyl ethylhexanoate in the amount of 1 to 10% (Carle 2021 paragraphs 0014 – 0017), caprylic triglyceride in the amount of 0.1 to 10% (Carle 2021 paragraphs 0017, 0058, 0059, claims 8 and 17), isostearyl alcohol in the amount of 0.1 – 25% (Sverdlove column 8 lines 58 – 60, column 10 lines 5 – 28), and petrolatum in the example amount of 2.5% (Carle 2021 paragraphs 0058, 0059, Table 10) overlap on the instantly claimed ranges of 5 – 9% cetearyl ethylhexanoate, 3 – 6% caprylic triglyceride, 1 – 4% isostearyl alcohol, and 1 – 4% petrolatum as recited in instant claim 18. Claimed ranges that overlap with teachings of the prior art are prima facie obvious according to MPEP 2144.05(i)(a).
Norman’s teaching that the composition contains water in the amount of 25 - 90% (paragraph 0012) reads on instant claim 20.
Examiner’s Reply to Attorney Arguments Dated January 13, 2026
Applicant’s arguments have been considered but are moot because the new ground of rejection addresses each limitation of the claims as presently amended.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. 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).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 Toriana N. Vigil whose telephone number is (571)270-7549. The examiner can normally be reached Monday - Friday 9:00 a.m. - 5:00 p.m. EST.
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/TORIANA N. VIGIL/Examiner, Art Unit 1612
/SAHANA S KAUP/Supervisory Primary Examiner, Art Unit 1612