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 .
Claim Rejections - 35 USC § 103
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 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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Wyk US Patent Application Publication 2008/0051860 in view of Medina US Patent Application Publication 2021/0361552 and further in view of Bowker GB 2589883.
As to claim 1, Wyk teaches a method for using a multi-layer cosmetic mask 10. The mask comprises a thermally reflective layer, composed of a metal foil or similar material (Wyk Abstract, para. 0010). Wyk specifically teaches the inner layer 12 is made from a material having at least one reflective surface, such as a gold foil (Fig. 1; para. 0022).
Wyk teaches the gold foil is used to coat a face and can be used to coat a part other than the face of a human being (Wyk para. 0010 and claim 2).
Wyk does not teach a method where three gold foils having same shape and size are used; one sheet of three sheets are used in two sheets by cutting one-half; one sheet of two one-half sheets is attached onto a forehead and another sheet is attached onto the part other than the face; and two whole sheets of three sheets are attached onto both cheeks of the human being so as to cover the face and the part other than the face of the human being. Instead, Wyk teaches the gold foil in one sheet that is cut to conform to the contours of the face (Wyk para. 0021 and claim 3). Wyk teaches the inner layer 12 is made from at least one reflective surface, such as gold foil which enable(s) body heat to be reflected back to the surface of the skin of the user (Wyk para. 0022). Wyk teaches the gold foil (inner layer 12) must be positioned such that a reflective surface of the layer faces the skin of the user, ensuring that heat emitted by the body is reflected back toward the skin (Wyk para. 0024). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the gold foil in three sheets instead of one sheet as taught in Wyk, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Wyk does not teach the gold foil is edible. Medina, from the same field of endeavor, a cosmetic composition for the skin, teaches a lip scrub to remove dead skin cells that tend to dull the skin. Medina teaches the composition comprises an edible gold that is chemically inert and will not react inside the body. Medina further teaches 24-karat edible gold is the purest, softest form to digest since it has very few impurities. It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify Wyk with a 24-karat edible gold for the benefits taught in Medina.
Wyk/Medina teach the present invention substantially as claimed, but do not teach the edible gold in foil sheets. Bowker, from the same field of endeavor, cosmetic compositions for the skin, teaches a cosmetic composition comprising gold foil sheets, where the composition is formed from edible gold (Bowker page 3, lines 21-30; page 4, lines 6-9; page 19, Table 2; page 20, line 1; pages 22-23, example 7). Bowker teaches the composition is suitable for coating skin (page 17, line 12) and provides visual benefits to the skin such as highlights, reflection and shimmering effects to provide accentuation and embellishment (Bowker page 1, lines 12-15). Bowker teaches the gold has been added to cosmetics to provide an antioxidant effect to improve firmness and elasticity of skin (Bowker page 1, lines 22-23). Bowker uses an Edible Gold Flake (23 carat) product in the skin composition (Bowker, page 19, Table 2; page 20, line 1; pages 22-23, example 7). Bowker references face mask products containing gold are known, for example 24K Gold Mask from Peter Thomas Roth (Bowker page 1, lines 19-23). Edible gold must be in 23-24k form to ensure safety and prevent toxic reactions from impurities as discussed above. It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify the face mask of Wyk/Medina with an edible gold foil for the benefits taught in Bowker.
As to claims 2 and 3, Wyk/Medina/Bowker teach the method of claim 1, comprises the steps of applying a moisturizing composition to the skin prior to applying the reflective foil layer (Wyk Abstract and para. 0023). Wyk/Medina/Bowker do not specifically teach two kinds of cream are applied to the face in succession. Wyk/Medina/Bowker teach, however, before the gold foils are attached onto the face and the parts other than the face of the human being (Wyk para. 0010), a suitable amount of cosmetic product 22 is applied to the skin 20 of the user (Wyk para. 0023). Wyk teaches the product 22 can be a moisturizing, rejuvenating, anti-aging, anti-pigmentation, cosmetic or pharmaceutical cream (Wyk para. 0023). Since Wyk teaches different cosmetic products can be applied to the skin, it would have been obvious to one having ordinary skill in the art before the invention was originally filed to apply more than one type of cosmetic product before applying the gold foil layer as layering products allows the user to target different skincare needs.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chung et al. US 2009/0022765 teaches cosmetic compositions comprising gold particles.
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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781