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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/06/2026 has been entered.
Claim Rejections - 35 USC § 102
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.
Claims 1-5, 8, 11 and 13-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao et al. WO 2018075832 A1.
This rejection has been cancelled in view of the Amendment filed 04/06/2026.
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.
Claims 1-5, 7, 8 and 11-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. WO 2018075832 A1, in view of Kinoshita CN 102947436 A.
Zhao teaches a compact hair care composition comprising (a) a combination of linear sulfates (with alkyl tail of 12 carbon atoms and above) and branched sulfates (with alkyl tail of 12 carbon atoms and above) at a certain ratio and (b) low content of a viscosity reducing agent such as a water miscible solvent or a hydrotrope. Additionally, the products can be clear. A concentrated shampoo composition comprising: from about 20 weight % to about 45 weight % total surfactant; from about 2 weight % to about 25 weight % branched anionic surfactant with a tail having an alkyl chain with 12 to 18 carbon atoms; from about 5% weight % to about 30 weight % linear anionic surfactant with a tail having an alkyl chain with 12 to 18 carbon atom; from 0.1 weight% to about 8 weight% of a viscosity reducing agent; from about 40 weight % to about 80 weight % of water; wherein the compact shampoo has a viscosity of less than 3000cP. See Abstract and pages 2-3. Branched anionic and linear anionic surfactants can be found in pages 3-5. Additional surfactants can be found in pages 6-7. Amphoteric surfactant at a concentration of up to about 10% by weight can be found in pages 7-8. Viscosity reducing agent, which can include water-miscible solvents, hydroptropes, and combinations thereof. The content of the viscosity reducing agent can be as low as about 0.1 wt % (thus, substantially free). See page 9. Cationic polymer having the claimed molecular weight and charge density are found in pages 10-15. Composition further comprising conditioning agent can be found in page 23. The hair care composition may have a liquid phase viscosity of less than about 3000 centipoise (cP), alternatively from about 1 cP centipoise to about 3000 cP, alternatively from about 10 cP centipoise to about 3000 cP, alternatively from about 20 cP to about 2500 cP, alternatively from about 50 to about 2500 cP, alternatively from about 50to about 2000 cP measured at 26.5°C as defined herein. See page 32. Composition further comprising anti-dandruff agents include one material or a mixture selected from the groups consisting of: azoles, such as climbazole, ketoconazole, itraconazole, econazole, and elubiol; hydroxyl pyridones, such as octopirox (piroctone olamine), ciclopirox, rilopirox, and MEA-Hydroxyoctyloxypyridinone; kerolytic agents, such as salicylic acid and other hydroxy acids; strobilurins such as azoxystrobin and metal chelators such as 1,10-phenanthroline. In another embodiment, the azole anti-microbials is an imidazole selected from the group consisting of: benzimidazole, benzothiazole, bifonazole, butaconazole nitrate, climbazole, clotrimazole, croconazole, eberconazole, econazole, elubiol, fenticonazole, fluconazole, 10 flutimazole, isoconazole, ketoconazole, lanoconazole, metronidazole, miconazole, neticonazole, omoconazole, oxiconazole nitrate, sertaconazole, sulconazole nitrate, tioconazole, thiazole, and mixtures thereof, or the azole anti-microbials is a triazole selected from the group consisting of: terconazole, itraconazole, and mixtures thereof. See page 33. Method for using the compact hair composition can be found in page 34. Clear shampoo can be found on page 1.
Zhao does not expressly teach electrolytic viscosity modifier. However, shampoo comprising electrolytic viscosity modifier such as sodium chloride is known in the art.
Kinoshita teaches a concentrated liquid state composition which is easy to operate before and after being diluted by water. The concentrated liquid state detergent composition of the present invention is characterized by comprising: (A) an anionic surfactant, (B) an amphoteric surfactant, (C) 5 to 15 mass % of a monohydric or dihydric alcohol, (D) 8 to 18 mass % of a nonionic surfactant with the IOB value of 0.8 to 1.1 and the molecular weight of 500 or lower, and (E) 45 mass % or less of water, wherein the sum of (A) and (B) is 40 to 60 mass %; wherein the blending ratio (C):(D) is 3.5:1 to 1:2.5; and wherein the viscosity at 30 DEG C is 300 mPa s or higher when the composition is diluted until the concentration of (A) and (B) becomes 15 mass %. See Abstract. through coordination of the gelation inhibitor, although at high concentrations can be surfactant-containing system, namely reduces the hair detergent composition of the content becomes easy operation of viscous, but from skin irritation, the point of view of safety, or little detergent for cleaning trouble degree of all hair property, and is preferably under the condition of the high-concentration surfactant is used. Therefore, if considered as security or usability of the hair detergent composition, preferably highly concentrated in conveying providing the surfactant composition, when using or using front diluting by water, making state of the liquid composition is generally used with the same consistency, but on the other hand, through gelation inhibitor inhibits the viscosity increase caused by high concentration of surfactant of the composition is diluted by water viscosity is lower, not to the liquid detergent composition has a generally moderately viscous use feeling. should to be noted, in the above patent literature I to 3, viscosity of the diluted composition during or after dilution without research, in addition, technical patent literature 4 records through dilution is less than half of the viscosity of the composition. Therefore, even if concentration, using water to dilute to concentration generally also display adapted to the viscosity of the concentrated detergent composition as the product or semi-finished product raw material still has not been achieved. See paragraphs 0017-0018. The concentrated detergent composition of the invention comprises: (A) an anionic surfactant, (B) an amphoteric surfactant, (C) 5 to 15 mass % of I-or 2-alcohols, (D) 8 to 18 mass % of IOB is O. 8 to 1. I, the molecular quantity nonionic surfactant is below 500, (E) 45 % of water by mass, and (A) and (B) 40 to 60 mass %, the matching ratio (C): (D) is 3.5 I to I: 2.5 of liquid detergent composition, wherein said composition is diluted concentration until the (A) and (B) is 15 mass % viscosity is more than 300mPa mPas at 30 degrees centigrade. See paragraph 0021. he invention in (D) nonionic surface active agent with quantity is 8 to 18 mass % of the composition, more preferably from 10 to 15 mass %. (D) component quantity is not less than 8 by mass based on the composition, sometimes can significantly reduce the viscosity of the solution after dilution. In addition, matching amount is more than 18 mass %, there is a situation before diluted composition of high viscosity changeable preparation becomes difficult, or diluted in the composition has a viscosity substantially increased dilution becomes difficult. In addition, in the invention, the (C) component and (D) component of the total quantity with respect to purity containing 40 mass % of more than (A) component and (B) component of the composition, is preferably 20 to 30 mass %, more preferably from 24 to 22 mass %. In particular, the (C) and (D) of the mixing proportion is (C): (D) = 3.5: I to I: 2.5, preferably 2: I to I: 1.5. the ratio of the total quantity is less than 20 mass % of component (A) and component (B) is too large, the concentrated detergent composition difficult diluted with water. In addition, the total amount is more than 30 mass %, the (A) component and (B) component ratio is too small, the concentrated detergent composition is diluted in the water easily, but after diluting the solution of the adhesive sometimes becomes too low. See paragraphs 0080-0081. In addition, the invention said concentrated liquid detergent composition can be used each time the required quantity to the palm dilution used, and can be previously filled into proper size prior to use of the container to dilute to be used. The concentrated liquid detergent composition of the invention, because there is no high viscosity region depending on the water content, thereby diluting in front-dilution-diluted always maintain viscosity of easy operation. Common situation, composition of the liquid viscosity at 30 degrees centigrade is 20000mPa mPa.s or less, can be easily mixed, more than 50000mPa s, mixing will be difficult. the liquid viscosity, a viscosity of the liquid composition (liquid) of the present invention, and the composition is diluted with water to the (A) component and (B) component has a total concentration in a purity of 15 mass % in the process at 30 degrees centigrade, normal pressure is 50000mPa mPa s or less, preferably 20000mPa mPa s or less. So that the concentrated liquid detergent composition of the invention after dilution of the liquid viscosity is more than 300mPa mPas at 30 degrees centigrade and under normal pressure. after diluting, viscosity of the composition is used is 300mPa s, become too low viscosity and difficult to operate and difficult to coating the composition on the hair. especially considering the easy operability when used as a detergent, preferably is adjusted so that the liquid viscosity after diluting is 300 to 20000mPa mPa.s (30 degrees centigrade). When using the viscosity exceeds 20000mPas, the viscosity is too high, the cleaning object of coating and picking and placing in the container becomes difficult. Said diluted composition refers to the influence of micellar structure caused by surfactants and the like [0094] that is, diluted in this application are both easy to operate in viscosity increase (change in viscosity) to 50000mPa S, preferably to 20000mPa s, after preceding dilution (in use) has a viscosity of more than 300mPa mPas, preferably 300 to 20000mPa S. Furthermore, the phase state of the composition of the present invention and the diluted thing preferably I phase. is separated into 2 phase state, not only the composition of easy operability, but the stability is not preferred. Furthermore, the concentrated liquid detergent composition of the present invention, in order to make the viscosity of the composition with high viscosity region is reduced, and more easily diluted in water, preferably with salt of organic or inorganic. As salt can be organic acid salt, amino acid salt, inorganic salt and so on. as the organic acid salt, such as adduced salt of citric acid, lactic acid, oxalic acid, butanedioic acid, malic acid, tartaric acid, sulfonic acid, metal salt (sodium salt, potassium salt), amine salts and the like. can be exemplified as amino hydrochloride salt of glycine, alanine, proline, lysine, aspartic acid, glutamic acid, etc., metal salt (sodium salt, potassium salt), amine salts and the like. as an inorganic salt can be sodium, potassium, magnesium, calcium, ammonium, carbonate, phosphate, nitrate, borate, sulfate, sulfite, halide (sodium chloride, potassium chloride, ammonium chloride, etc.) and the like. Other components, such as oil components, the cationic surfactant, powder ingredients, natural polymer, synthetic polymer, tackifier, ultraviolet absorbers, metal ion blocking agent, pH adjusting agent, skin nutrient, vitamins, antioxidants, antioxidant aids, fragrance and so on. See paragraphs 0090-0100.
Thus, it would have been prima facie obvious to one of ordinary skill in the art to, by routine experimentation include electrolyte viscosity agent in view of the teaching in Kinoshita with the expectation to obtain a shampoo composition having translucency or transparency level desired. This is because Kinoshita teaches using electrolyte in shampoo composition is known in the art.
Response to Arguments
Applicant’s arguments filed 04/06/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 SUSAN T TRAN whose telephone number is (571)272-0606. The examiner can normally be reached Monday-Friday, 8:30 am-5:30 pm.
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, ROBERT A. WAX can be reached at 571-272-0623. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SUSAN T TRAN/Primary Examiner, Art Unit 1615
Prosecution Insights