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 .
Formal Matters
Claims 1-28 are pending.
Election/Restriction
Applicant's election with traverse of Group I, claims 1-27, in the reply filed on 03/03/2026 is acknowledged.
Applicant has also elected the following in the reply dated 03/03/2026:
Water soluble silicone materials as the species of the one or more hydrophobic agent(s);
Acrylates and any derivatives thereof as the species of the one or more polymer or copolymer fragments or combinations thereof;
The combination of water, carbohydrates, and trihydric alcohols as the species of the aqueous-solute fluid;
Moisturizing agents as the species of the one or more additive(s);
Rheological modifying agents as the species of the one or more functional agent(s);
Antioxidants as the species of the one or more therapeutic agent(s);
Polysiloxanes as the species of the at least one aesthetic modifying agent; and
Cream as the species of the composition form/formulation.
In a telephone conversation between the Examiner and Gerald Coon on 04/30/2026, the species election for the one or more hydrophobic agent(s) was clarified by Coon as polyalkylsiloxanes and the species election for the one or more polymer or copolymer fragments or combinations thereof was clarified by Coon as acrylates/C10-C30 alkyl acrylate crosspolymer.
The traversal is on the grounds that there is a disclosed relationship between Group I and Group II because the compositions of Group I are formed by the process of Group II. Applicant argues that the search and examination of all claims in the instant application can be made without serious burden to the Examiner.
This is not found persuasive because a composition that meets the limitations of instant claim 1, for example, can be formed from a process that differs from that of claim 28, and accordingly, the inventions of Groups I and II have acquired a separate status and require a different field of search. The requirement is still deemed proper and is therefore made FINAL.
Claim 28 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim 11 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species (i.e., Applicant has elected the one or more polymer or copolymer fragments or combinations thereof as acrylates/C10-C30 alkyl acrylate crosspolymer which is a synthetic polymer or copolymer fragment or combination thereof and not a natural polymer or copolymer fragment or combination thereof), there being no allowable generic or linking claim.
Claim 22 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species (i.e., Applicant has elected the aqueous-solute fluid as the combination of water, carbohydrates, and trihydric alcohols, for which trihydric alcohols are water soluble liquids recited in claim 23 and not recited in claim 22), there being no allowable generic or linking claim.
Claims 1-10, 12-21, and 23-27 are being examined to the extent of the elected species, i.e., the one or more hydrophobic agent(s) is polyalkylsiloxanes, the one or more polymer or copolymer fragments or combinations thereof is acrylates/C10-C30 alkyl acrylate crosspolymer, the aqueous-solute fluid is the combination of water, carbohydrates, and trihydric alcohols, the one or more additive(s) is moisturizing agents, the one or more functional agent(s) is rheological modifying agents, the one or more therapeutic agent(s) is antioxidants, the at least one aesthetic modifying agent is polysiloxanes, and the composition form/formulation is cream.
Drawings
The drawings are objected to because Figures 3 and 4 are illegible. The Examiner suggests formatting each of the figures on a landscape orientated page and enlarging the font size as a strategy to increase legibility.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because each of the first sentence and the second to last sentence of the abstract are an incomplete sentence.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because it contains embedded hyperlinks and/or other forms of browser-executable code throughout the specification. Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01.
Appropriate correction is required.
Claim Objections
Claims 1-3, 5-6, 9, and 19-20 are objected to because of the following:
In each of claim 1 (line 4 and line 10), claim 2 (line 10 and third to last line), claim 3 (line 1), and claim 5 (line 2), the recitation of “the particles of one or more hydrophobic agents(s)” should be amended to “the particles of the one or more hydrophobic agents(s)” in order to improve claim readability and consistency;
In line 2 of claim 6, the recitation of “particles of the one or more hydrophobic agents(s)” should be amended to “the particles of the one or more hydrophobic agents(s)” in order to improve claim readability and consistency;
Spanning the last two lines of claim 9, the recitation of “polyethylene and derivatives thereof, and any derivatives or combinations thereof” should be amended to “polyethylene, and any derivatives or combinations thereof” because the phrase “and derivatives thereof” is duplicative and unnecessary;
In line 2 of claim 19, the recitation of “the one or more polar solutes” should be amended to “the one or more polar solute(s)” in order to improve claim readability and consistency; and
Appearing twice in each of claims 19 and 20, a space should be added between the temperature value and the degree sign, i.e., “23°C” should be amended to “23 °C”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10, 12-21, and 23-27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
(a) Each of claims 1 and 2 are indefinite in the recitation of “wherein the one or more polymer or copolymer fragments, or combinations thereof, are sufficient to stabilize the particles of one or more hydrophobic agent(s) in said dispersion, at a level from about 0.05% w/w to about 70% w/w of said one or more hydrophobic agent(s), in said dispersion” because each of the claims earlier recite “wherein the particles of one or more hydrophobic agent(s) are present in an amount from about 0.01% wt. to about 70% wt.” and therefore it is unclear whether the recitation of “wherein the one or more polymer or copolymer fragments, or combinations thereof, are sufficient to stabilize the particles of one or more hydrophobic agent(s) in said dispersion, at a level from about 0.05% w/w to about 70% w/w of said one or more hydrophobic agent(s), in said dispersion” further limits the amount of the one or more hydrophobic agent(s) to about 0.05% wt. to about 70% wt., or whether something else is meant by the recitation. As written, one skilled in the art would not be reasonably apprised of the metes and bounds of the claims. Claims 3-10, 12-21, and 23-27 are rejected for depending from claims 1 and 2 without resolving the ambiguity.
(b) Claim 18 recites the limitation “the one or more hydrophobic aesthetic modifying agent(s)” spanning the first two lines of the claim. There is insufficient antecedent basis for this limitation in the claim because none of claims 18, 16, or 1 earlier recite “one or more hydrophobic aesthetic modifying agent(s)”, however claim 16 recites “at least one aesthetic modifying agent”. Thus, it is unclear whether the one or more hydrophobic aesthetic modifying agent(s) in claim 18 is referring to the at least one aesthetic modifying agent, or whether something else is meant by the phrase. As written, one skilled in the art would not be reasonably apprised of the metes and bounds of the claims.
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 1-10, 12-21, and 23-27 are rejected under 35 U.S.C. 103 as being unpatentable over Wilmott et al (US 9,980,886 B2, published 05/29/2018).
Wilmott et al teach a composition, that may be formulated as a cream, to apply to the skin, hair, or external mucosa of a human or animal, wherein animals include humans, domesticated animals (such as dogs, cats, hamsters, gerbils, guinea pigs, cattle, pigs, sheep, goats, horses, zebus, donkeys, mules, buffalos, camels, yaks, mice, rats, other rodents, gayals, rabbits, alpacas, vicunas, llamas, poultry, other domesticated birds, and the like), wild animals, and the like (See entire document, e.g., Abstract, Col. 17 Lines 58-64, Col. 18 Lines 49-51).
The composition may comprise a) a substantially surfactant-free dispersion of submicron particles of hydrophobic agent(s) in an aqueous-solvent fluid, wherein the substantially surfactant-free dispersion of submicron particles of hydrophobic agent(s) has an average particle size from 100 nm to 999 nm, and wherein the hydrophobic agent(s) comprise about 0.01% wt. to about 70% wt. of the dispersion composition; and b) rheological modifying agent(s); wherein a resultant aqueous-solvent fluid, including the aqueous or aqueous-solvent fluid of the dispersion, is 10% to 95% wt. of one or more water miscible solvent(s), and 4.99% to 89.99% wt. water, and 0.01% to 10% wt. of the rheological modifying agent(s) (e.g., Col. 2 Lines 10-24).
The one or more water miscible solvent(s) can include tri alcohols (i.e., trihydric alcohols) (e.g., Col. 7 Lines 3-4).
A “hydrophobic agent” has a solubility of less than about 0.1% by weight in water (e.g., Col. 3 Lines 41-42). Wilmott et al teach that 85% or more, or 90% or more, of the hydrophobic agent particles by weight have a size within 300 nm, or within 250 nm, or within 200 nm, or within 150 nm, or within 100 nm, of the average particle size (e.g., Col. 4 Lines 35-49). The hydrophobic agent(s) can include aesthetic modifying agents and/or therapeutic agents, wherein suitable therapeutic agents include antioxidants and moisturizers and suitable aesthetic modifying agents include water-insoluble silicone materials such as polysiloxanes and polyalkylsiloxanes (e.g., Col. 7 Lines 27-28, 39-40, and 46, Col. 10 Lines 7-11).
The rheological modifying agent(s) can include polymeric and copolymeric rheological modifying agents, wherein suitable examples include acrylates, methacrylates, and derivatives thereof, such as acrylates/C10-C30 alkyl acrylate crosspolymer (e.g., Col. 13 Lines 19-21 and 24-25). The rheological modifying agent(s) can include carbohydrate based rheological modifying agents, wherein suitable examples include cellulose and derivatives thereof (such as carboxymethyl hydroxyethylcellulose, cellulose gum, hydroxyethylcellulose, hydroxypropylcellulose, hydroxypropyl methylcellulose, and ethylcellulose) (e.g., Col. 12 Lines 64-65, Col. 13 Lines 2-6). Wilmott et al teach both of acrylate/alkyl acrylate crosspolymers and polysaccharides (e.g., hydroxypropylcellulose) as particularly suitable rheological modifying agents (e.g., Col 14 Lines 16-18, 42, and 47).
The specific combination of features claimed is disclosed within the broad generic ranges taught by Wilmott et al but such “picking and choosing” within several variables does not necessarily give rise to anticipation (Corning Glass Works v. Sumitomo Elec., 868 F.2d 1251, 1262 (Fed. Circ. 1989)). That being said, however, it must be remembered that “[w]hen a patent simply arranges old elements with each performing the same function it had been known to perform and yields no more than one would expect from such an arrangement, the combination is obvious” (KSR v. Teleflex, 127 S.Ct. 1727, 1740 (2007) (quoting Sakraida v. A.G. Pro, 425 U.S. 273, 282 (1976)). “[W]hen the question is whether a patent claiming the combination of elements of prior art is obvious,” the relevant question is “whether the improvement is more than the predictable use of prior art elements according to their established functions” (Id.). Addressing the issue of obviousness, the Supreme Court noted that the analysis under 35 U.S.C. 103 “need not seek out precise teachings directed to the specific subject matter of the challenged claim, for a court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ” (KSR at 1741). The Court emphasized that “[a] person of ordinary skill is… a person of ordinary creativity, not an automaton” (Id. at 1742).
Consistent with this reasoning, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected various combinations of various disclosed ingredients of a composition from within the prior art disclosure of Wilmott et al and arrive at a composition, formulated as a cream, for application to the skin, hair, or external mucosa of a human, domesticated animal, or wild animal, comprising a) a substantially surfactant-free dispersion of submicron particles of hydrophobic agent(s) in an aqueous-solvent fluid, wherein the substantially surfactant-free dispersion of submicron particles of hydrophobic agent(s) has an average particle size from 100 nm to 999 nm, wherein the hydrophobic agent(s) comprise about 0.01% wt. to about 70% wt. of the dispersion composition, wherein the hydrophobic agent(s) have a solubility of less than about 0.1% by weight in water, wherein 85% or more, or 90% or more, of the hydrophobic agent particles by weight have a size within 300 nm, or within 250 nm, or within 200 nm, or within 150 nm, or within 100 nm, of the average particle size, and wherein the hydrophobic agent(s) include polysiloxanes and polyalkylsiloxanes as aesthetic modifying agents and antioxidants and moisturizers as therapeutic agents; and b) rheological modifying agent(s) being acrylates/C10-C30 alkyl acrylate crosspolymer and cellulose and/or derivatives thereof; wherein a resultant aqueous-solvent fluid, including the aqueous or aqueous-solvent fluid of the dispersion, is 10% to 95% wt. of one or more water miscible solvent(s) being tri alcohols, and 4.99% to 89.99% wt. water, and 0.01% to 10% wt. of the rheological modifying agent(s).
Regarding the ranges required by the instant claims, a prima facie case of obviousness typically exists when the ranges of a claimed composition overlap the ranges disclosed in the prior art (In re Peterson, 315 F.3d 1325, 1329 (Fed. Cir. 2003)). Specifically regarding limitation (iii) of instant claim 3, the composition of Wilmott et al wherein 85% or more, or 90% or more, of the hydrophobic agent particles by weight have a size within 300 nm, or within 250 nm, or within 200 nm, or within 150 nm, or within 100 nm, of the average particle size renders obvious the requirement of the one or more hydrophobic agent(s) being 85% or more of a size within ± 2.0 standard deviations, or within ± 1.9 standard deviations, or within ± 1.8 standard deviations, or within ± 1.7 standard deviations, or within ± 1.6 standard deviations, or within ± 1.5 standard deviations, of the average particle size.
The cellulose and/or derivatives thereof in the composition of Wilmott et al meet the limitation of carbohydrates as the elected species in the instant claims because, as evidenced by Embodiments 52 and 62 on Pages 74 and 76 of the specification, respectively, “carbohydrates include…polysaccharides (glycans) and any derivatives…thereof” and “polysaccharides (glycans) include…cellulose…and any derivatives…thereof”.
Regarding the limitations of the acrylates/C10-C30 alkyl acrylate crosspolymer being sufficient to stabilize the particles of polyalkylsiloxanes in the dispersion at a level from about 0.05% w/w to about 70% w/w of said polyalkylsiloxanes in said dispersion (instant claim 1 to the extent of the elected species) and the acrylates/C10-C30 alkyl acrylate crosspolymer providing a matrix that reduces Newtonian flow thereby reducing the number of hydrophobic particle collisions and potential coalescence (instant claim 7 to the extent of the elected species), because the composition of Wilmott et al is the same as the composition of the instant claims, the acrylates/C10-C30 alkyl acrylate crosspolymer in the composition of Wilmott et al necessarily is sufficient to stabilize the particles of polyalkylsiloxanes in the dispersion at a level from about 0.05% w/w to about 70% w/w of said polyalkylsiloxanes in said dispersion and provides a matrix that reduces Newtonian flow thereby reducing the number of hydrophobic particle collisions and potential coalescence. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. "Products of identical chemical composition cannot have mutually exclusive properties" (In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not" (In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product.
Claims 2, 4-6, 14, 17, and 24 are product-by-process claims and therefore it is the product that is given patentable weight, not the process by which the product is made. “[Elven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorne, 777 F.2d 695, 698, 227 USPQ S64, 966 (Fed. Cir. 1985). Therefore, claims 2, 4-6, 14, 17, and 24 are being examined to the extent of the resultant composition to the extent of the elected species rather than the method for obtaining the composition.
The composition of Wilmott et al being for the application to a human, domesticated animal, or wild animal meets the limitation of instant claim 25 that the composition is for use in one or more of nutritional, pharmaceutical, biomedical, cosmetic, food, animal care, household, veterinary health, and pet care applications. The composition of Wilmott et al formulated as a cream meets the limitations of instant claims 26-27 to the extent of the elected species of the composition form/formulation being a cream.
Thus, the composition of Wilmott et al renders obvious the composition of instant claims 1-10, 12-21, and 23-27.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10, 12-21, and 23-27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-7, 11-13, and 17-19 of U.S. Patent No. US 9,980,886 B2 (hereafter ‘886) in view of Wilmott et al (US 9,980,886 B2, published 05/29/2018).
Instant claims 1-10, 12-21, and 23-27 recite a composition comprising: a dispersion comprising (i) particles of one or more hydrophobic agent(s), (ii) one or more polymer or copolymer fragments, or combinations thereof, and (iii) an aqueous-solute fluid; wherein the particles of one or more hydrophobic agent(s) are present in an amount from about 0.01% wt. to about 70% wt., the aqueous-solute fluid is present in an amount from about 1.0% wt. to about 98.5% wt., and the one or more polymer or copolymer fragments, or combinations thereof are present in an amount from about 0.01% wt. to about 10% wt., all based on the total weight of the composition; and wherein the one or more polymer or copolymer fragments, or combinations thereof, are sufficient to stabilize the particles of one or more hydrophobic agent(s) in said dispersion, at a level from about 0.05% w/w to about 70% w/w of said one or more hydrophobic agent(s), in said dispersion, which is prepared by a process comprising:preparing a premix comprising (i) one or more hydrophobic agent(s), (ii) one or more polymers or copolymers, or combinations thereof, (iii) an aqueous-solute fluid, and optionally (iv) one or more additive(s); subjecting the premix to low energy mixing to form a first dispersion; and subjecting the first dispersion to ultra-high energy mixing to form a second dispersion; wherein the second dispersion comprises (i) particles of one or more hydrophobic agent(s), (ii) one or more polymer or copolymer fragments, or combinations thereof, and (iii) an aqueous- solute fluid;wherein the particles of one or more hydrophobic agent(s) are present in an amount from about 0.01% wt. to about 70% wt., the aqueous-solute fluid is present in an amount from about 1.0% wt. to about 98.5% wt., and the one or more polymer or copolymer fragments, or combinations thereof are present in an amount from about 0.01% wt. to about 10% wt., all based on the total weight of the composition; and wherein the one or more polymer or copolymer fragments, or combinations thereof, are sufficient to stabilize the particles of one or more hydrophobic agent(s) in said dispersion, at a level from about 0.05% w/w to about 70% w/w of said one or more hydrophobic agent(s), in said dispersion, wherein the particles of one or more hydrophobic agent(s) (i) have an average particle size from about 100 nm to about 5 pm, (ii) have a solubility of less than about 0.1% by weight in water under standard conditions, and (iii) are 85% or more of a size within ± 2.0 standard deviations, or within ± 1.9 standard deviations, or within ± 1.8 standard deviations, or within ± 1.7 standard deviations, or within ± 1.6 standard deviations, or within ± 1.5 standard deviations, of the average particle size, wherein the one or more polymer or copolymer fragments, or combinations thereof, of the second dispersion exhibit at least a 10%, or 20%, or 30%, or 40%, or 50%, or 60%, or 70%, or 80%, or 90%, reduction in viscosity, as compared to the viscosity of the same one or more polymers, copolymers, or combinations thereof, of the first dispersion, under standard conditions, wherein the one or more polymer or copolymer fragments, or combinations thereof, of the second dispersion stabilize the particles of one or more hydrophobic agent(s) in said second dispersion for a greater period of time, when set to the same viscosity level, as compared to stabilization of the one or more hydrophobic agent(s) by the same one or more polymers, copolymers, or combinations thereof, of the first dispersion, under standard conditions, wherein the ultra-high energy mixing imparts a repulsive force that causes particles of the one or more hydrophobic agent(s) to repel or move away from each other in the second dispersion, thus enhancing the stability and dispersibility of the second dispersion, wherein the one or more polymer or copolymer fragments, or combinations thereof, provide a matrix that reduces Newtonian flow thereby reducing the number of hydrophobic particle collisions and potential coalescence, wherein the one or more polymer or copolymer fragments, or combinations thereof, are at least one selected from the group consisting of natural and synthetic polymer and copolymer fragments, and any derivatives or combinations thereof, wherein the one or more synthetic polymer or copolymer fragments, or combinations thereof, are at least one selected from the group consisting of fragments of the following: acrylates, methacrylates, acrylamides, vinyls, polyethylene and derivatives thereof, and any derivatives or combinations thereof, wherein the one or more synthetic polymer or copolymer fragments, or combinations thereof, are at least one selected from the group consisting of fragments of the following: carbomer and derivatives and salts thereof, acrylates/C10-C30 alkyl acrylate crosspolymer, acrylates/ceteth-20 itaconate copolymer, acrylates/ceteth-methacrylate copolymers, acrylates/steareth-20 methacrylate copolymers, acrylates/steareth-20 itaconate copolymers, acrylates/steareth-50 acrylate copolymers, acrylates/VA crosspolymers, acrylates/vinyl isodecanoate crosspolymers, acrylic acid/acrylonitrogen copolymers, ammonium acrylates/acrylonitrogen copolymers, glyceryl polymethacrylate, polyacrylic acid, PVM/MA decadiene crosspolymer, sodium acrylate/vinyl isodecanoate crosspolymers, sodium carbomer, ethylene/acrylic acid copolymer, ethylene/VA copolymer, acrylates/acrylamide copolymer, acrylate copolymers, acrylates/hydroxyester acrylate copolymers, acrylate/octylarylamide copolymers, acrylates/PVP copolymers, AMP/acrylate copolymers, butylester of PVM-MA copolymer, carboxylate vinyl acetate terpolymers, diglycol/CHDM/isophthalates/SIP copolymer, ethyl ester of PVM-MA copolymer, isopropyl ester of PVM-MA copolymer, octyl acrylamide/acrylate/butylaminoethyl methacrylate copolymers, polymethacrylamidopropyltrimonium chloride, polyvinyl caprolactam, PVP, PVP/dimethylaminoethylmethacrylate copolymer, PVP/DMAPA acrylate copolymers, PVP/carbamyl polyglycol ester, PVP/VA copolymer, PVP/VA vinyl propionate copolymer, PVP/vinylcaprolactam/DMAPA acrylate copolymers, sodium polyacrylate, VA/butyl maleate/isobornyl acrylate copolymers, VA/crotonates copolymer, VA/crotonates vinyl neodecanoate copolymer, VA/crotonates/vinyl propionate copolymer, vinyl caprolactam/PVP/dimethylaminoethylmethacrylate copolymer, hydroxyethyl acrylate/ copolymer, sodium acrylate/sodium acryloyldimethyl taurate copolymer (and) C15-C19 alkane (and) polyglyceryl-6 laurate (and) polyglycerin-6, polyquarternium-37, ammonium acryloyldimethyltaurate/VP copolymer, hydroxyethyl acrylate/sodium acryloyldimethyl taurate copolymer, polyacrylate crosspolymer-6, and any derivatives or combinations thereof, wherein the one or more hydrophobic agent(s) are at least one selected from the group consisting of: mono, di, tri, or poly alkyl (or alkenyl) esters, ethers, acetals and hemiacetals of a di-, tri-, or polyhydroxy compound, and any derivatives or combinations thereof; saturated and unsaturated, linear and branched natural or vegetable oils selected from the group consisting of soybean oil, almond oil, castor oil, canola oil, cottonseed oil, grapeseed oil, rice bran oil, palm oil, coconut oil, palm kernel oil, olive oil, linseed oil, sunflower oil, safflower oil, peanut oil, corn oil, and any derivatives or combinations thereof; water insoluble silicone materials selected from the group consisting of polyalkylsiloxanes, polyarylsiloxanes, polyalkylarylsiloxanes, polysiloxane gums, polyethersiloxane copolymers, silicone crosspolymers, and any derivatives or combinations thereof; water insoluble materials selected from the group consisting of diglycerides, triglycerides, lauramine oleate, isopropyl palmitate, mineral oil, petrolatum, and any derivatives or combinations thereof; and hemp oil and cannabinoids selected from the group consisting of cannabidiol (CBD), delta-9- tetrahydrocannabinol (THC), cannabinol (CBN), cannabigerol (CBG), cannabichromene oil (CBC), any hemp oil or cannabinoid species, and any derivatives or combinations thereof, wherein the one or more hydrophobic agent(s) comprise one or more therapeutic agent(s), further comprising: adding one or more functional agent(s) to the premix, or post-treating the first dispersion with one or more functional agent(s), or post- treating the second dispersion with one or more functional agent(s); wherein the one or more functional agent(s) are at least one selected from the group consisting of surfactants, neutralizing agents, chelating agents, foaming agents, rheological modifying agents, polypeptide rheological modifying agents, sensates, and any derivatives or combinations thereof, wherein the one or more therapeutic agent(s) comprise one or more hydrophobic agent(s) or one or more hydrophilic agent(s), and are at least one selected from the group consisting of: anti-acne agents, antimicrobial agents, anti-inflammatory agents, analgesics, anti-erythemal agents, anti-pruritic agents, anti-edemal agents, anti-psoriatic agents, anti-fungal agents, skin protectants, sunscreen agents, vitamins, antioxidants, scavengers, anti- irritants, anti-bacterial agents, antiviral agents, antiaging agents, photoprotection agents, hair growth enhancers, hair growth inhibitors, hair removal agents, antidandruff agents, anti-seborrheic agents, exfoliating agents, wound healing agents, anti-ectoparasitic agents, sebum modulators, immunomodulators, hormones, botanicals, moisturizing agents, hand sanitizing agents, astringents, sensates, antibiotics, anesthetics, steroids, tissue healing substances, tissue regenerating substances, amino acids, peptides, minerals, ceramides, biohyaluronic acids, bleaching ingredients, hemp oils, cannabinoids, and any derivatives or combinations thereof, wherein the one or more hydrophobic agent(s) comprise at least one aesthetic modifying agent, further comprising treating or post-treating the premix, or post-treating the first dispersion, or post-treating the second dispersion, such that: pH is raised or lowered by the addition of an alkali or acid, respectively; viscosity is increased or decreased by the addition of a thickening agent or salt, respectively; specific gravity is adjusted by the addition of one or more of an antifoam, centrifugation, vacuum, and reduction in viscosity with sweeping mixing; refractive index is adjusted up or down by the addition of a high refractive index solvent/solute or water; or active levels are adjusted by the addition of a hydrophobic active dispersion, wherein the one or more hydrophobic aesthetic modifying agent(s) comprise at least one compound selected from the group consisting of: polysiloxanes, cyclic siloxanes, polyalkylsiloxanes, polyarylsiloxanes, polyalkylarylsiloxanes, polysiloxane gums, polyethersiloxane copolymers, and silicone crosspolymers, wherein the aqueous-solute fluid comprises water, or a combination of water and one or more polar solute(s); wherein the one or more polar solutes have a water solubility of 0.1% or greater at a temperature of 23°C and a pressure of 100 kPa (1 bar), and have a dielectric constant of greater than 10 at a temperature of 23 C and a pressure of 100 kPa (1 bar), wherein the one or more polar solutes are selected from the group consisting of: water soluble solids at a temperature of 23°C and a pressure of 100 kPa (1 bar), water soluble liquids at a temperature of 23°C and a pressure of 100 kPa (1 bar), and any derivatives or combinations thereof, wherein the water soluble solids are at least one selected from the group consisting of: carbohydrates; amino acids, peptides, and proteins; vitamins; minerals; and any derivatives or combinations thereof; and wherein the water soluble liquids comprise flowable, non-viscous, semi-viscous, or viscous liquids, wherein the water soluble liquids comprise water miscible liquids; wherein the water miscible liquids are at least one selected from the group consisting of: acetaldehyde, acetic acid, acetone, 1,2-butylene glycol, 1,3-butylene glycol, 1,4-butylene glycol, 2-butoxyethanol, dimethyl sulfoxide, ethanol, ethoxydiglycol, triethylene glycol, ethylene glycol, methanol, isopropanol, 1,2-propylene glycol, 1,3-propylene glycol, 1-propanol, propanoic acid, diglycerin, polyglycerol, glycerin, 1.5-pentylene glycol, hexylene glycol, and any derivatives or combinations thereof, wherein the one or more additive(s) comprise one or more active or therapeutic ingredient(s); wherein the one or more active or therapeutic ingredient(s) are at least one selected from the group consisting of: anti-acne agents, antimicrobial agents, anti- inflammatory agents, analgesics, anti-erythemal agents, antipruritic agents, antiedemal agents, anti-psoriatic agents, antifungal agents, skin protectants, sunscreen agents, vitamins, antioxidants, anti-irritants, anti-bacterial agents, antiviral agents, antiaging agents, photoprotection agents, exfoliating agents, wound healing agents, sebum modulators, immunomodulators, hormones, botanicals, moisturizing agents, hand sanitizing agents, astringents, sensates, antibiotics, anesthetics, steroids, tissue healing substances, tissue regenerating substances, amino acids, peptides, minerals, ceramides, hyaluronic acids, skin bleaching ingredients, pre-biotics, probiotics, hemp oils, cannabinoids, and humectants, for use in one or more of nutritional, pharmaceutical, biomedical, cosmetic, food, animal care, household, veterinary health, and pet care applications, which is in the form of, or formulated as, a light liquid, heavy liquid, gel, light or soft cream, heavy or rich cream, light lotion, viscous lotion, butter, balm, stick, spray, mist, light fluid, rich fluid, liquid/toner, fluid/serum, or foam, and which is formulated as a sunscreen lotion, a sunscreen spray, a sunscreen toner, a moisturizing hand sanitizer, a body lotion, a body spray, a natural oil liquid, a natural oil spray, a natural oil toner, an exfoliating mask, a lubricating shaving gel, a cream, a hemp oil or cannabinoid or any variants, hybrids, or derivatives thereof.
Claims 1-4, 6-7, 11-13, and 17-19 of ‘886 recite a composition comprising: an aqueous-solvent fluid and submicron particles of hydrophobic agent(s) dispersed and suspended in the aqueous-solvent fluid, wherein the submicron particles are 90% wt. or more non-polar, wherein 85% or more of the submicron particles have a size within 300 nm of the average particle size; wherein the aqueous-solvent fluid comprises: 20% to 95% wt. of a solvent comprising one or more water miscible solvents that is water miscible, and water; wherein 70% wt. or more of the water miscible solvents, and 20% wt. or more of the aqueous-solvent fluid is one or more of mono- or di-hydroxy compounds selected from the group consisting of C1 or C3 alcohols, diethylene glycol, propylene glycol, butylene glycol, pentylene glycol and hexylene glycol; wherein the composition is substantially surfactant-free, wherein the amount of surfactant, if present, is not sufficient to materially lower the surface tension of the aqueous-solvent fluid; and wherein the dispersed submicron particles are stable; and wherein phospholipid in the composition, if present, is in an amount of 15% or less, as a percentage of the phospholipid plus hydrophobic agent that is not phospholipid, wherein the composition comprises about 20% to about 80% weight of water-miscible solvent and about 0.1% to about 70% weight of said submicron particles, wherein the composition comprises about 10% to about 79.9% weight of water, further comprising one or more of a therapeutic agent(s) selected from the group consisting of: anti-acne agents, antimicrobial agents, anti-inflammatory agents, analgesics, anti-erythemal agents, anti-pruritic agents, anti-edemal agents, anti-psoriatic agents, anti-fungal agents, skin protectants, sunscreen agents, vitamins, antioxidants, scavengers, anti-irritants, anti-bacterial agents, antiviral agents, antiaging agents, photoprotection agents, hair growth enhancers, hair growth inhibitors, hair removal agents, antidandruff agents, anti-seborrheic agents, exfoliating agents, wound healing agents, anti-ectoparasitic agents, sebum modulators, immunomodulators, hormones, botanicals, moisturizers, astringents, sensates, antibiotics, anesthetics, steroids, tissue healing substances, tissue regenerating substances, amino acids, peptides, minerals, ceramides, biohyaluronic acids, and bleaching ingredients, wherein the submicron particles of hydrophobic agent(s) comprises between 0.1% to 70% wt. of the composition, wherein the submicron particles of hydrophobic agent(s) have an average particle size between about 100 nm to 999 nm, wherein at least 90% of the submicron particles of hydrophobic agent(s) by weight have a particle size within 300 nm of the average particle size, wherein at least 95% of the submicron particles of hydrophobic agent(s) by weight have a particle size within 300 nm of the average particle size, further comprising a rheological modifying agent, and wherein the composition is formulated as a shave cream, wherein the composition further comprises an effective amount of the one or more therapeutic agent(s), wherein the one or more therapeutic agent(s) further comprises one or more hydrophobic agents, wherein the composition further comprises an effective amount of one or more aesthetic modifying agents, and wherein the one or more aesthetic modifying agents further comprise one or more hydrophobic agents
Claims 1-4, 6-7, 11-13, and 17-19 of ‘886 do not recite the hydrophobic agent(s) being polyalkylsiloxanes, the rheological modifying agent being acrylates/C10-C30 alkyl acrylate crosspolymer, the one or more aesthetic modifying agents being polysiloxanes, or the composition comprising carbohydrates.
These deficiencies are made up for in the teaching of Wilmott et al, which has been discussed in detail supra.
It would have been prima facie obvious to one of ordinary skill in the art, based on the teaching of Wilmott et al, to use polyalkylsiloxanes and polysiloxanes as hydrophobic agent(s) and to use acrylates/C10-C30 alkyl acrylate crosspolymer and carbohydrates as rheological modifying agents in the composition of the claims of ‘886. One of ordinary skill in the art would have been motivated to do so because Wilmott et al teach hydrophobic agent(s) as including aesthetic modifying agents such as water-insoluble silicone materials, e.g., polysiloxanes and polyalkylsiloxanes and teach rheological modifying agent(s) as including polymeric and copolymeric rheological modifying agents such as acrylates, methacrylates, and derivatives thereof, e.g., acrylates/C10-C30 alkyl acrylate crosspolymer, and carbohydrate based rheological modifying agents, e.g., cellulose and derivatives thereof.
Thus, claims 1-4, 6-7, 11-13, and 17-19 of ‘886 in view of Wilmott et al render obvious instant claims 1-10, 12-21, and 23-27 to the extent of the elected species, i.e., the one or more hydrophobic agent(s) is polyalkylsiloxanes, the one or more polymer or copolymer fragments or combinations thereof is acrylates/C10-C30 alkyl acrylate crosspolymer, the aqueous-solute fluid is the combination of water, carbohydrates, and trihydric alcohols, the one or more additive(s) is moisturizing agents, the one or more functional agent(s) is rheological modifying agents, the one or more therapeutic agent(s) is antioxidants, the at least one aesthetic modifying agent is polysiloxanes, and the composition form/formulation is cream.
Claims 1-10, 12-21, and 23-27 are directed to an invention not patentably distinct from claims 1-4, 6-7, 11-13, and 17-19 of commonly assigned U.S. Patent No. 9,980,886 B2. Specifically, see above.
The U.S. Patent and Trademark Office may not institute a derivation proceeding in the absence of a timely filed petition. The USPTO normally will not institute a derivation proceeding between applications or a patent and an application having common ownership (see 37 CFR 42.411 ). Commonly assigned U.S. Patent No. 9,980,886 B2, discussed above, may form the basis for a rejection of the noted claims under 35 U.S.C. 102 or 103 if the commonly assigned case qualifies as prior art under 35 U.S.C. 102(a)(2) and the patentably indistinct inventions were not commonly owned or deemed to be commonly owned not later than the effective filing date under 35 U.S.C. 100(i) of the claimed invention.
In order for the examiner to resolve this issue the applicant or patent owner can provide a statement under 35 U.S.C. 102(b)(2)(C) and 37 CFR 1.104(c)(4)(i) to the effect that the subject matter and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person. Alternatively, the applicant or patent owner can provide a statement under 35 U.S.C. 102(c) and 37 CFR 1.104(c)(4)(ii) to the effect that the subject matter was developed and the claimed invention was made by or on behalf of one or more parties to a joint research agreement that was in effect on or before the effective filing date of the claimed invention, and the claimed invention was made as a result of activities undertaken within the scope of the joint research agreement; the application must also be amended to disclose the names of the parties to the joint research agreement.
A showing that the inventions were commonly owned or deemed to be commonly owned not later than the effective filing date under 35 U.S.C. 100(i) of the claimed invention will preclude a rejection under 35 U.S.C. 102 or 103 based upon the commonly assigned case. Alternatively, applicant may take action to amend or cancel claims such that the applications, or the patent and the application, no longer contain claims directed to patentably indistinct inventions.
Claims 1-10, 12-21, and 23-27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 7-15, 17-27, and 29-31 of copending Application No. 18/544,271 (hereafter ‘271) in view of Wilmott et al (US 9,980,886 B2, published 05/29/2018).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant claims 1-10, 12-21, and 23-27 recite a composition comprising: a dispersion comprising (i) particles of one or more hydrophobic agent(s), (ii) one or more polymer or copolymer fragments, or combinations thereof, and (iii) an aqueous-solute fluid; wherein the particles of one or more hydrophobic agent(s) are present in an amount from about 0.01% wt. to about 70% wt., the aqueous-solute fluid is present in an amount from about 1.0% wt. to about 98.5% wt., and the one or more polymer or copolymer fragments, or combinations thereof are present in an amount from about 0.01% wt. to about 10% wt., all based on the total weight of the composition; and wherein the one or more polymer or copolymer fragments, or combinations thereof, are sufficient to stabilize the particles of one or more hydrophobic agent(s) in said dispersion, at a level from about 0.05% w/w to about 70% w/w of said one or more hydrophobic agent(s), in said dispersion, which is prepared by a process comprising:preparing a premix comprising (i) one or more hydrophobic agent(s), (ii) one or more polymers or copolymers, or combinations thereof, (iii) an aqueous-solute fluid, and optionally (iv) one or more additive(s); subjecting the premix to low energy mixing to form a first dispersion; and subjecting the first dispersion to ultra-high energy mixing to form a second dispersion; wherein the second dispersion comprises (i) particles of one or more hydrophobic agent(s), (ii) one or more polymer or copolymer fragments, or combinations thereof, and (iii) an aqueous- solute fluid;wherein the particles of one or more hydrophobic agent(s) are present in an amount from about 0.01% wt. to about 70% wt., the aqueous-solute fluid is present in an amount from about 1.0% wt. to about 98.5% wt., and the one or more polymer or copolymer fragments, or combinations thereof are present in an amount from about 0.01% wt. to about 10% wt., all based on the total weight of the composition; and wherein the one or more polymer or copolymer fragments, or combinations thereof, are sufficient to stabilize the particles of one or more hydrophobic agent(s) in said dispersion, at a level from about 0.05% w/w to about 70% w/w of said one or more hydrophobic agent(s), in said dispersion, wherein the particles of one or more hydrophobic agent(s) (i) have an average particle size from about 100 nm to about 5 pm, (ii) have a solubility of less than about 0.1% by weight in water under standard conditions, and (iii) are 85% or more of a size within ± 2.0 standard deviations, or within ± 1.9 standard deviations, or within ± 1.8 standard deviations, or within ± 1.7 standard deviations, or within ± 1.6 standard deviations, or within ± 1.5 standard deviations, of the average particle size, wherein the one or more polymer or copolymer fragments, or combinations thereof, of the second dispersion exhibit at least a 10%, or 20%, or 30%, or 40%, or 50%, or 60%, or 70%, or 80%, or 90%, reduction in viscosity, as compared to the viscosity of the same one or more polymers, copolymers, or combinations thereof, of the first dispersion, under standard conditions, wherein the one or more polymer or copolymer fragments, or combinations thereof, of the second dispersion stabilize the particles of one or more hydrophobic agent(s) in said second dispersion for a greater period of time, when set to the same viscosity level, as compared to stabilization of the one or more hydrophobic agent(s) by the same one or more polymers, copolymers, or combinations thereof, of the first dispersion, under standard conditions, wherein the ultra-high energy mixing imparts a repulsive force that causes particles of the one or more hydrophobic agent(s) to repel or move away from each other in the second dispersion, thus enhancing the stability and dispersibility of the second dispersion, wherein the one or more polymer or copolymer fragments, or combinations thereof, provide a matrix that reduces Newtonian flow thereby reducing the number of hydrophobic particle collisions and potential coalescence, wherein the one or more polymer or copolymer fragments, or combinations thereof, are at least one selected from the group consisting of natural and synthetic polymer and copolymer fragments, and any derivatives or combinations thereof, wherein the one or more synthetic polymer or copolymer fragments, or combinations thereof, are at least one selected from the group consisting of fragments of the following: acrylates, methacrylates, acrylamides, vinyls, polyethylene and derivatives thereof, and any derivatives or combinations thereof, wherein the one or more synthetic polymer or copolymer fragments, or combinations thereof, are at least one selected from the group consisting of fragments of the following: carbomer and derivatives and salts thereof, acrylates/C10-C30 alkyl acrylate crosspolymer, acrylates/ceteth-20 itaconate copolymer, acrylates/ceteth-methacrylate copolymers, acrylates/steareth-20 methacrylate copolymers, acrylates/steareth-20 itaconate copolymers, acrylates/steareth-50 acrylate copolymers, acrylates/VA crosspolymers, acrylates/vinyl isodecanoate crosspolymers, acrylic acid/acrylonitrogen copolymers, ammonium acrylates/acrylonitrogen copolymers, glyceryl polymethacrylate, polyacrylic acid, PVM/MA decadiene crosspolymer, sodium acrylate/vinyl isodecanoate crosspolymers, sodium carbomer, ethylene/acrylic acid copolymer, ethylene/VA copolymer, acrylates/acrylamide copolymer, acrylate copolymers, acrylates/hydroxyester acrylate copolymers, acrylate/octylarylamide copolymers, acrylates/PVP copolymers, AMP/acrylate copolymers, butylester of PVM-MA copolymer, carboxylate vinyl acetate terpolymers, diglycol/CHDM/isophthalates/SIP copolymer, ethyl ester of PVM-MA copolymer, isopropyl ester of PVM-MA copolymer, octyl acrylamide/acrylate/butylaminoethyl methacrylate copolymers, polymethacrylamidopropyltrimonium chloride, polyvinyl caprolactam, PVP, PVP/dimethylaminoethylmethacrylate copolymer, PVP/DMAPA acrylate copolymers, PVP/carbamyl polyglycol ester, PVP/VA copolymer, PVP/VA vinyl propionate copolymer, PVP/vinylcaprolactam/DMAPA acrylate copolymers, sodium polyacrylate, VA/butyl maleate/isobornyl acrylate copolymers, VA/crotonates copolymer, VA/crotonates vinyl neodecanoate copolymer, VA/crotonates/vinyl propionate copolymer, vinyl caprolactam/PVP/dimethylaminoethylmethacrylate copolymer, hydroxyethyl acrylate/ copolymer, sodium acrylate/sodium acryloyldimethyl taurate copolymer (and) C15-C19 alkane (and) polyglyceryl-6 laurate (and) polyglycerin-6, polyquarternium-37, ammonium acryloyldimethyltaurate/VP copolymer, hydroxyethyl acrylate/sodium acryloyldimethyl taurate copolymer, polyacrylate crosspolymer-6, and any derivatives or combinations thereof, wherein the one or more hydrophobic agent(s) are at least one selected from the group consisting of: mono, di, tri, or poly alkyl (or alkenyl) esters, ethers, acetals and hemiacetals of a di-, tri-, or polyhydroxy compound, and any derivatives or combinations thereof; saturated and unsaturated, linear and branched natural or vegetable oils selected from the group consisting of soybean oil, almond oil, castor oil, canola oil, cottonseed oil, grapeseed oil, rice bran oil, palm oil, coconut oil, palm kernel oil, olive oil, linseed oil, sunflower oil, safflower oil, peanut oil, corn oil, and any derivatives or combinations thereof; water insoluble silicone materials selected from the group consisting of polyalkylsiloxanes, polyarylsiloxanes, polyalkylarylsiloxanes, polysiloxane gums, polyethersiloxane copolymers, silicone crosspolymers, and any derivatives or combinations thereof; water insoluble materials selected from the group consisting of diglycerides, triglycerides, lauramine oleate, isopropyl palmitate, mineral oil, petrolatum, and any derivatives or combinations thereof; and hemp oil and cannabinoids selected from the group consisting of cannabidiol (CBD), delta-9- tetrahydrocannabinol (THC), cannabinol (CBN), cannabigerol (CBG), cannabichromene oil (CBC), any hemp oil or cannabinoid species, and any derivatives or combinations thereof, wherein the one or more hydrophobic agent(s) comprise one or more therapeutic agent(s), further comprising: adding one or more functional agent(s) to the premix, or post-treating the first dispersion with one or more functional agent(s), or post- treating the second dispersion with one or more functional agent(s); wherein the one or more functional agent(s) are at least one selected from the group consisting of surfactants, neutralizing agents, chelating agents, foaming agents, rheological modifying agents, polypeptide rheological modifying agents, sensates, and any derivatives or combinations thereof, wherein the one or more therapeutic agent(s) comprise one or more hydrophobic agent(s) or one or more hydrophilic agent(s), and are at least one selected from the group consisting of: anti-acne agents, antimicrobial agents, anti-inflammatory agents, analgesics, anti-erythemal agents, anti-pruritic agents, anti-edemal agents, anti-psoriatic agents, anti-fungal agents, skin protectants, sunscreen agents, vitamins, antioxidants, scavengers, anti- irritants, anti-bacterial agents, antiviral agents, antiaging agents, photoprotection agents, hair growth enhancers, hair growth inhibitors, hair removal agents, antidandruff agents, anti-seborrheic agents, exfoliating agents, wound healing agents, anti-ectoparasitic agents, sebum modulators, immunomodulators, hormones, botanicals, moisturizing agents, hand sanitizing agents, astringents, sensates, antibiotics, anesthetics, steroids, tissue healing substances, tissue regenerating substances, amino acids, peptides, minerals, ceramides, biohyaluronic acids, bleaching ingredients, hemp oils, cannabinoids, and any derivatives or combinations thereof, wherein the one or more hydrophobic agent(s) comprise at least one aesthetic modifying agent, further comprising treating or post-treating the premix, or post-treating the first dispersion, or post-treating the second dispersion, such that: pH is raised or lowered by the addition of an alkali or acid, respectively; viscosity is increased or decreased by the addition of a thickening agent or salt, respectively; specific gravity is adjusted by the addition of one or more of an antifoam, centrifugation, vacuum, and reduction in viscosity with sweeping mixing; refractive index is adjusted up or down by the addition of a high refractive index solvent/solute or water; or active levels are adjusted by the addition of a hydrophobic active dispersion, wherein the one or more hydrophobic aesthetic modifying agent(s) comprise at least one compound selected from the group consisting of: polysiloxanes, cyclic siloxanes, polyalkylsiloxanes, polyarylsiloxanes, polyalkylarylsiloxanes, polysiloxane gums, polyethersiloxane copolymers, and silicone crosspolymers, wherein the aqueous-solute fluid comprises water, or a combination of water and one or more polar solute(s); wherein the one or more polar solutes have a water solubility of 0.1% or greater at a temperature of 23°C and a pressure of 100 kPa (1 bar), and have a dielectric constant of greater than 10 at a temperature of 23 C and a pressure of 100 kPa (1 bar), wherein the one or more polar solutes are selected from the group consisting of: water soluble solids at a temperature of 23°C and a pressure of 100 kPa (1 bar), water soluble liquids at a temperature of 23°C and a pressure of 100 kPa (1 bar), and any derivatives or combinations thereof, wherein the water soluble solids are at least one selected from the group consisting of: carbohydrates; amino acids, peptides, and proteins; vitamins; minerals; and any derivatives or combinations thereof; and wherein the water soluble liquids comprise flowable, non-viscous, semi-viscous, or viscous liquids, wherein the water soluble liquids comprise water miscible liquids; wherein the water miscible liquids are at least one selected from the group consisting of: acetaldehyde, acetic acid, acetone, 1,2-butylene glycol, 1,3-butylene glycol, 1,4-butylene glycol, 2-butoxyethanol, dimethyl sulfoxide, ethanol, ethoxydiglycol, triethylene glycol, ethylene glycol, methanol, isopropanol, 1,2-propylene glycol, 1,3-propylene glycol, 1-propanol, propanoic acid, diglycerin, polyglycerol, glycerin, 1.5-pentylene glycol, hexylene glycol, and any derivatives or combinations thereof, wherein the one or more additive(s) comprise one or more active or therapeutic ingredient(s); wherein the one or more active or therapeutic ingredient(s) are at least one selected from the group consisting of: anti-acne agents, antimicrobial agents, anti- inflammatory agents, analgesics, anti-erythemal agents, antipruritic agents, antiedemal agents, anti-psoriatic agents, antifungal agents, skin protectants, sunscreen agents, vitamins, antioxidants, anti-irritants, anti-bacterial agents, antiviral agents, antiaging agents, photoprotection agents, exfoliating agents, wound healing agents, sebum modulators, immunomodulators, hormones, botanicals, moisturizing agents, hand sanitizing agents, astringents, sensates, antibiotics, anesthetics, steroids, tissue healing substances, tissue regenerating substances, amino acids, peptides, minerals, ceramides, hyaluronic acids, skin bleaching ingredients, pre-biotics, probiotics, hemp oils, cannabinoids, and humectants, for use in one or more of nutritional, pharmaceutical, biomedical, cosmetic, food, animal care, household, veterinary health, and pet care applications, which is in the form of, or formulated as, a light liquid, heavy liquid, gel, light or soft cream, heavy or rich cream, light lotion, viscous lotion, butter, balm, stick, spray, mist, light fluid, rich fluid, liquid/toner, fluid/serum, or foam, and which is formulated as a sunscreen lotion, a sunscreen spray, a sunscreen toner, a moisturizing hand sanitizer, a body lotion, a body spray, a natural oil liquid, a natural oil spray, a natural oil toner, an exfoliating mask, a lubricating shaving gel, a cream, a hemp oil or cannabinoid or any variants, hybrids, or derivatives thereof.
Claims 1, 3, 7-15, 17-27, and 29-31 of ‘271 recite a sprayable composition comprising: a dispersion comprising (i) particles of one or more hydrophobic agent(s), (ii) one or more polymer or copolymer fragments, or combinations thereof, and (iii) an aqueous-solute fluid; wherein the particles of one or more hydrophobic agent(s) are present in an amount from about 0.01% wt. to about 70% wt., the aqueous-solute fluid is present in an amount from about 1.0% wt. to about 98.5% wt., and the one or more polymer or copolymer fragments, or combinations thereof are present in an amount from about 0.01% wt. to about 10% wt., all based on the total weight of the sprayable composition; wherein the one or more polymer or copolymer fragments, or combinations thereof, are sufficient to stabilize the particles of one or more hydrophobic agent(s) in said dispersion, at a level from about 0.05% w/w to about 70% w/w of said one or more hydrophobic agent(s), in said dispersion; and wherein the sprayable composition is an aqueous-solute fluid and has a viscosity sufficient to form a spray of preset or desired droplet size upon dispensing from a spray dispenser, wherein the particles of one or more hydrophobic agent(s) (i) have an average particle size from about 100 nm to about 5 μm, (ii) have a solubility of less than about 0.1% by weight in water under standard conditions, and (iii) are 85% or more of a size within ± 2.0 standard deviations, or within ± 1.9 standard deviations, or within ± 1.8 standard deviations, or within ± 1.7 standard deviations, or within ±1.6 standard deviations, or within ± 1.5 standard deviations, of the average particle size, wherein said dispersion is prepared by a process comprising: preparing a premix comprising (i) one or more hydrophobic agent(s), (ii) one or more polymers or copolymers, or combinations thereof, (iii) an aqueous-solute fluid, and optionally (iv) one or more additive(s); subjecting the premix to low energy mixing to form a first dispersion; and subjecting the first dispersion to ultra-high energy mixing to form a second dispersion; wherein the second dispersion comprises (i) particles of one or more hydrophobic agent(s), (ii) one or more polymer or copolymer fragments, or combinations thereof, and (iii) an aqueous-solute fluid; wherein the particles of one or more hydrophobic agent(s) are present in an amount from about 0.01% wt. to about 70% wt., the aqueous-solute fluid is present in an amount from about 1.0% wt. to about 98.5% wt., and the one or more polymer or copolymer fragments, or combinations thereof are present in an amount from about 0.01% wt. to about 10% wt., all based on the total weight of the dispersion; and wherein the one or more polymer or copolymer fragments, or combinations thereof, are sufficient to stabilize the particles of one or more hydrophobic agent(s) in said dispersion, at a level from about 0.05% w/w to about 70% w/w of said one or more hydrophobic agent(s), in said dispersion, wherein the one or more polymer or copolymer fragments, or combinations thereof, of the second dispersion exhibit at least a 10%, or 20%, or 30%, or 40%, or 50%, or 60%, or 70%, or 80%, or 90%, reduction in viscosity, as compared to the viscosity of the same one or more polymers, copolymers, or combinations thereof, of the first dispersion, under standard conditions, wherein the one or more polymer or copolymer fragments, or combinations thereof, of the second dispersion stabilize the particles of one or more hydrophobic agent(s) in said second dispersion for a greater period of time, when set to the same viscosity level, as compared to stabilization of the one or more hydrophobic agent(s) by the same one or more polymers, copolymers, or combinations thereof, of the first dispersion, under standard conditions, wherein the ultra-high energy mixing imparts a repulsive force that causes particles of the one or more hydrophobic agent(s) to repel or move away from each other in the second dispersion, thus enhancing the stability and dispersibility of the second dispersion, wherein the one or more polymer or copolymer fragments, or combinations thereof, provide a matrix that reduces Newtonian flow thereby reducing the number of hydrophobic particle collisions and potential coalescence, wherein the one or more polymer or copolymer fragments, or combinations thereof, are at least one selected from the group consisting of natural and synthetic polymer and copolymer fragments, and any derivatives or combinations thereof, wherein the one or more synthetic polymer or copolymer fragments, or combinations thereof, are at least one selected from the group consisting of fragments of the following: acrylates, methacrylates, acrylamides, vinyls, polyethylene and derivatives thereof, and any derivatives or combinations thereof; and wherein the one or more natural polymer or copolymer fragments, or combinations thereof, are at least one selected from the group consisting of fragments of the following: carbohydrate-based monomer units or derivatives thereof; proteins including casein; and any derivatives or combinations thereof, wherein the one or more hydrophobic agent(s) are at least one selected from the group consisting of: mono, di, tri, or poly alkyl (or alkenyl) esters, ethers, acetals and hemiacetals of a di-, tri-, or polyhydroxy compound, and any derivatives or combinations thereof; saturated and unsaturated, linear and branched natural or vegetable oils selected from the group consisting of soybean oil, almond oil, castor oil, canola oil, cottonseed oil, grapeseed oil, rice bran oil, palm oil, coconut oil, palm kernel oil, olive oil, linseed oil, sunflower oil, safflower oil, peanut oil, corn oil, and any derivatives or combinations thereof; water insoluble silicone materials selected from the group consisting of polyalkylsiloxanes, polyarylsiloxanes, polyalkylarylsiloxanes, polysiloxane gums, polyethersiloxane copolymers, silicone crosspolymers, and any derivatives or combinations thereof; and water insoluble materials selected from the group consisting of diglycerides, triglycerides, lauramine oleate, isopropyl palmitate, mineral oil, petrolatum, and any derivatives or combinations thereof; and hemp oil and cannabinoids selected from the group consisting of cannabidiol (CBD), delta-9-tetrahydrocannabinol (THC), cannabinol (CBN), cannabigerol (CBG), cannabichromene oil (CBC), any hemp oil or cannabinoid species, and any derivatives or combinations thereof, wherein the one or more hydrophobic agent(s) comprise one or more active or therapeutic agent(s), wherein the one or more active or therapeutic agent(s) comprise one or more hydrophobic agent(s) or one or more hydrophilic agent(s), and are at least one selected from the group consisting of: anti-acne agents, antimicrobial agents, anti-inflammatory agents, analgesics, anti-erythemal agents, anti-pruritic agents, anti-edemal agents, anti-psoriatic agents, anti-fungal agents, skin protectants, sunscreen agents, vitamins, antioxidants, scavengers, anti-irritants, anti-bacterial agents, antiviral agents, antiaging agents, photoprotection agents, hair growth enhancers, hair growth inhibitors, hair removal agents, antidandruff agents, anti-seborrheic agents, exfoliating agents, wound healing agents, anti-ectoparasitic agents, sebum modulators, immunomodulators, hormones, botanicals, moisturizing agents, hand sanitizing agents, astringents, sensates, antibiotics, anesthetics, steroids, tissue healing substances, tissue regenerating substances, amino acids, peptides, minerals, ceramides, biohyaluronic acids, bleaching ingredients, hemp oils, cannabinoids, and any derivatives or combinations thereof, wherein the one or more hydrophobic agent(s) comprise one or more hydrophobic aesthetic modifying agent(s); wherein the one or more hydrophobic aesthetic modifying agent(s) comprise at least one compound selected from the group consisting of: polysiloxanes, cyclic siloxanes, polyalkylsiloxanes, polyarylsiloxanes, polyalkylarylsiloxanes, polysiloxane gums, polyethersiloxane copolymers, and silicone crosspolymers, further comprising treating or post-treating the premix, or post-treating the first dispersion, or post-treating the second dispersion, such that: pH is raised or lowered by the addition of an alkali or acid, respectively; viscosity is increased or decreased by the addition of a thickening agent or salt, respectively; specific gravity is adjusted by the addition of one or more of an antifoam, centrifugation, vacuum, and reduction in viscosity with sweeping mixing; refractive index is adjusted up or down by the addition of a high refractive index solvent/solute or water; or active levels are adjusted by the addition of a hydrophobic active dispersion, wherein the aqueous-solute fluid comprises water, or a combination of water and one or more polar solute(s), wherein the one or more polar solutes have a water solubility of 0.1% or greater at a temperature of 23° C. and a pressure of 100 kPa (1 bar); and a dielectric constant of greater than 10 at a temperature of 23° C. and a pressure of 100 kPa (1 bar), wherein the one or more polar solutes are selected from the group consisting of: water soluble solids at a temperature of 23° C. and a pressure of 100 kPa (1 bar), water soluble liquids at a temperature of 23° C. and a pressure of 100 kPa (1 bar), and any derivatives or combinations thereof, wherein the water soluble solids are at least one selected from the group consisting of: carbohydrates; amino acids, peptides, and proteins; vitamins; minerals; and any derivatives or combinations thereof; and wherein the water soluble liquids comprise flowable, non-viscous, semi-viscous, or viscous liquids, wherein the water soluble liquids comprise water miscible liquids; wherein the water miscible liquids are at least one selected from the group consisting of: acetaldehyde, acetic acid, acetone, 1,2-butylene glycol, 1,3-butylene glycol, 1,4-butylene glycol, 2-butoxyethanol, dimethyl sulfoxide, ethanol, ethoxydiglycol, triethylene glycol, ethylene glycol, methanol, isopropanol, 1,2-propylene glycol, 1,3-propylene glycol, 1-propanol, propanoic acid, diglycerin, polyglycerol, glycerin, 1.5-pentylene glycol, hexylene glycol, and any derivatives or combinations thereof, wherein the one or more additive(s) comprise one or more active or therapeutic ingredient(s); wherein the one or more active or therapeutic ingredient(s) are at least one selected from the group consisting of: anti-acne agents, antimicrobial agents, anti-inflammatory agents, analgesics, anti-erythemal agents, antipruritic agents, antiedemal agents, anti-psoriatic agents, antifungal agents, skin protectants, sunscreen agents, vitamins, antioxidants, anti-irritants, anti-bacterial agents, antiviral agents, antiaging agents, photoprotection agents, exfoliating agents, wound healing agents, sebum modulators, immunomodulators, hormones, botanicals, moisturizing agents, hand sanitizing agents, astringents, sensates, antibiotics, anesthetics, steroids, tissue healing substances, tissue regenerating substances, amino acids, peptides, minerals, ceramides, hyaluronic acids, skin bleaching ingredients, pre-biotics, probiotics, hemp oils, cannabinoids, and humectants; wherein the one or more additive(s) are present in an amount from about 0.005% wt. to about 90% wt., or from about 0.01% wt. to about 75% wt., based on the total weight of the sprayable composition, for use in one or more of nutritional, pharmaceutical, biomedical, cosmetic, food, animal care, household, veterinary health, and pet care applications, which is in the form of, or formulated as, a light liquid, gel, light lotion, viscous lotion, flowable butter, spray, mist, light fluid, rich fluid, liquid/toner, fluid/serum, or foam, further comprising one or more functional agent(s); wherein the one or more functional agent(s) are at least one selected from the group consisting of surfactants, neutralizing agents, chelating agents, foaming agents, rheological modifying agents, sensates, and any derivatives or combinations thereof, further comprising one or more active or therapeutic agent(s); wherein the one or more active or therapeutic agent(s) comprise one or more hydrophilic agent(s), and are at least one selected from the group consisting of: anti-acne agents, antimicrobial agents, anti-inflammatory agents, analgesics, anti-erythemal agents, anti-pruritic agents, anti-edemal agents, anti-psoriatic agents, anti-fungal agents, skin protectants, sunscreen agents, vitamins, antioxidants, scavengers, anti-irritants, anti-bacterial agents, antiviral agents, antiaging agents, photoprotection agents, hair growth enhancers, hair growth inhibitors, hair removal agents, antidandruff agents, anti-seborrheic agents, exfoliating agents, wound healing agents, anti-ectoparasitic agents, sebum modulators, immunomodulators, hormones, botanicals, moisturizing agents, hand sanitizing agents, astringents, sensates, antibiotics, anesthetics, steroids, tissue healing substances, tissue regenerating substances, amino acids, peptides, minerals, ceramides, biohyaluronic acids, bleaching ingredients, hemp oils, cannabinoids, and any derivatives or combinations thereof, and wherein pH is raised or lowered by the addition of an alkali or acid, respectively; viscosity is increased or decreased by the addition of a thickening agent or salt, respectively; specific gravity is adjusted by the addition of one or more of an antifoam, centrifugation, vacuum, and reduction in viscosity with sweeping mixing; refractive index is adjusted up or down by the addition of a high refractive index solvent/solute or water; sprayable composition properties adjusted by the addition of water miscible agents; or active levels are adjusted by the addition of a hydrophobic active dispersion.
Claims 1, 3, 7-15, 17-27, and 29-31 of ‘271 do not recite the one or more synthetic polymer or copolymer fragments, or combinations thereof being acrylates/C10-C30 alkyl acrylate crosspolymer.
This deficiency is made up for in the teaching of Wilmott et al, which has been discussed in detail supra.
It would have been prima facie obvious to one of ordinary skill in the art, based on the teaching of Wilmott et al, to use acrylates/C10-C30 alkyl acrylate crosspolymer as the one or more synthetic polymer or copolymer fragments, or combinations thereof in the composition of ‘271. One of ordinary skill in the art would have been motivated to do so because the claims of ‘271 recite that the one or more synthetic polymer or copolymer fragments, or combinations thereof may be selected from a group including acrylates, methacrylates, and any derivatives thereof and Wilmott et al teach suitable examples of acrylates, methacrylates, and derivatives thereof as including acrylates/C10-C30 alkyl acrylate crosspolymer.
Thus, claims 1, 3, 7-15, 17-27, and 29-31 of ‘271 in view of Wilmott et al render obvious instant claims 1-10, 12-21, and 23-27 to the extent of the elected species, i.e., the one or more hydrophobic agent(s) is polyalkylsiloxanes, the one or more polymer or copolymer fragments or combinations thereof is acrylates/C10-C30 alkyl acrylate crosspolymer, the aqueous-solute fluid is the combination of water, carbohydrates, and trihydric alcohols, the one or more additive(s) is moisturizing agents, the one or more functional agent(s) is rheological modifying agents, the one or more therapeutic agent(s) is antioxidants, the at least one aesthetic modifying agent is polysiloxanes, and the composition form/formulation is cream.
Conclusion
No claims are allowable.
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/K.E.O./Examiner, Art Unit 1619
/NICOLE P BABSON/Primary Examiner, Art Unit 1619
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