0Notice 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/01/2026 has been entered.
Status of the Claims
Claims 1-16 and 18-21 are pending in the response of 07/01/2026.
Withdrawn rejections:
Applicant's amendments and arguments filed 07/01/2026 are acknowledged and have been fully considered. The Examiner has re-weighed all the evidence of record. Any rejection and/or objection not specifically addressed below are herein withdrawn.
The following rejection and/or objection are either reiterated or newly applied. They constitute the complete set of rejection and/or objection presently being applied to the instant application.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-3, 7, 9-15 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by IP.com “Modern sunscreen formulations”, 2020-11-05, XP013188249 (IDS of 07/17/2025, hereinafter “IP”) as evidenced by Noor et al. (US2007/0264204A1).
Applicant claims the below claim 1 filed on 07/01/2026:
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Prior Art
IP discloses sunscreen cream formulations (page 1) comprising oil phase A and aqueous phase B in the form of oil-in-water emulsion wherein the phase A contains cetinol B that is oily component, tinosorb S reading on the claimed bemotrizinol and acrylates/C10-30 alkyl acrylate crosspolymer in which C10-C30 includes stearyl (C18) acrylate and behenyl (C22) acrylate, and here, as evidenced by Noor at [0016] that one example of side chain crystalline polymers and side chain crystalline polymers include intelimer® polymers, and therefore, acrylates/C10-30 alkyl acrylate crosspolymer of IP of IP reads on the claimed semi-crystalline polymer comprising at least one alkyl acrylate chain having at least one crystallizable pendant chain and the phase B contains water, tinocare GL reading on the scleroglucan gum in an amount of 3% which is within the claimed range of 0.1 to 10%, 1,2 alcohol diol reading on the claimed C2 polyol surfactant, Eusolex 232 reading on the claimed active sunscreen agent and additional organic filter in an amount of 2%, etc. (page 3); the composition has a pH 7 which is within the claimed pH of 6 or greater and the composition is free of oxybenzone and/or octinoxate and/or mineral UV filter (e.g., page 3); other embodiment of sunscreen formulation on page 5 refers to an emulsion containing tinosorb S reading on the claimed bemotrizinol, 1,2-alchol diol surfactant, 3.0% tinocare GL reading on the claimed scleroglucan, and 3.0% Microperal M305 (=methylmethacrylate crosspolymer) reading on the claimed semi-crystalline polymer, and the weight ratio of semi-crystalline polymer to scleroglucan is 1:1 that is within the claimed about 5:1 to about 1:3 (page 5)(instant claims 1-3, 9-15 and 18-19); and the composition does not contain merocyanine UV filters (instant claim 20).
In light of the foregoing, instant claims 1-3, 9-15 and 18-20 are anticipated by IP.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
As indicated above, the present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Level of Ordinary Skill in the Art
(MPEP 2141.03)
MPEP 2141.03 (I) states: “The “hypothetical ‘person having ordinary skill in the art’ to which the claimed subject matter pertains would, of necessity have the capability of understanding the scientific and engineering principles applicable to the pertinent art.” Ex parte Hiyamizu, 10 USPQ2d 1393, 1394 (Bd. Pat. App. & Inter. 1988). The level of skill is that of a sunscreen research scientist, as is the case here, then one can assume comfortably that such an educated artisan will draw conventional ideas from sunscreen cosmetics, medicine, pharmacy, physiology and chemistry— without being told to do so.
In addition, the prior art itself reflects an appropriate level (MPEP 2141.03(II)).
Claims 1-3, 9-15 and 18-20 are rejected under 35 U.S.C. 103 as being obvious over IP.com “Modern sunscreen formulations”, 2020-11-05, XP013188249 (IDS of 07/17/2025, hereinafter “IP”) as evidenced by Noor et al. (US2007/0264204A1).
For the same reasons as noted with respect to the 102 rejection, claims 1-3, 9-15 and 18-20 are also obvious over IP.com.
Claims 4, 5, 7, 16 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over IP.com “Modern sunscreen formulations”, 2020-11-05, XP013188249 (IDS of 07/17/2025, hereinafter “IP”) in view of Safouane et al. (EP3709958B1, of record).
IP was discussed above with respect to instant claim 1.
IP discloses oil-in-water type emulsion formulations (see entire document) (instant claim 16).
However, IP does not expressly teach at least one semi-crystalline polymer of instant claims 4-5; surfactant of instant claim 7; and non-crosslinked feature of instant claim 21. The deficiencies are cured by Safouane.
Safouane discloses cosmetic or dermatological composition in the form of emulsion comprising acrylic polymer and merocyanine as UV screening agent wherein the acrylic polymer advantageously comprises monomeric units of formulae (A) and (B) ([0019], [0037], [0039], [0041] and [0044]) and claim 1 of prior art which reads on the claimed monomers, R1 groups including stearyl and behenyl group, a weight ratio of hydroxyethyl acrylate to all acrylates, and sum of (A) and (B):
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The example of acrylic polymer includes polyC10-30 acrylate (Intelimer®IP13-1)([0166]) which is non-crossed polymer, and the polymer has a number-average molecular weight Mn ranging from 2000 to 9000 g/mol ([0042]) that is identical to the claimed polymer Mn, and the polymer can be prepared by polymerization of monomer of alkyl acrylate with 2-hydroxyethyl acrylate ([0045]) and R1 is stearyl or behenyl radical in the formula (instant claims 4-5 and 21); the weight ratio of the said polymer contributes stability of the composition ([0018]-[0019]); the composition further contains UV-screening agent such as bis-ethylhexyloxyphenol methoxyphenyl triazine (=bemotrizinol), sold under the trade name Tinosorb S® by BASF ([0098]); the composition further contains additional UV-screening agents such as mineral pigments, cinnamic compounds, etc. ([0082]-[0086]) and the composition further contains surfactant such as alkylpolyglycoside ([0028], [0097] and [0128]) and conventional adjuvants ([0122]); and the composition has a preferable pH of 6 to 8.5 ([0134]) that overlaps the instant range of 6 or greater; and the composition has a 340 of SFP (in vitro) ([0170]) which is strong value. Although Safouane does not expressly teach the claimed surfactant, Safouane discloses selecting surfactants depends on the type of emulsion ([0128]) and thus, determining desired surfactant is a matter of choice because surfactants of Safouane would have yielded no more than predictable surfactant properties (instant claim 7); and the composition is provided in the form of oil-in-water type emulsion ([0016])([0138]).
It would have been obvious to modify the teachings of IP with the specific acrylate polymer of Safouane and certain SPF of in order to enhance stability of the composition and skin, as taught by Safouane. Additionally, it would have been obvious to lower the molecular weight Mn of acrylic polymer with 2000-9000g/mol of Safouane because lower Mn polymers generally have lower viscosity, leading to better spreadability, lighter, less greasy feel on the skin.
It would have been obvious to select specific values of pH and certain surfactant depending on the intended purpose, and relationship with other ingredients, etc. unless there is evidence to show such claimed features lead to unexpected results.
In light of the foregoing, instant claims 4-5, 7, 16 and 21 are obvious over IP in view of Safouane.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over IP.com “Modern sunscreen formulations”, 2020-11-05, XP013188249 (IDS of 07/17/2025, hereinafter “IP”) in view of Dembny, “Critical wavelength and broad-spectrum UV protection”, obtained from on-line website: Critical wavelength and broad-spectrum UV protection | Dr. Ken Dembny, 2019-06-28, pp. 1-8.
LP was discussed above with respect to instant claim 1.
However, the difference between the instant application and LP is that LP does not expressly teach the properties of instant claim 6. The deficiency is cured by Dembny.
Dembny discloses a good broad spectrum sunscreen that will protect against most of the UV spectrum from at least 370 nm of critical wavelength (page 4 of Dembny) (instant claim 6).
It would have been obvious to further modify the composition of IP/Safouane with critical wavelength of at least 370 nm of Dembny in order to provide a good broad spectrum sunscreen as taught by Dembny. Further, the claimed ratio properties other than critical wavelength would be a natural result of the combination of the prior art elements of LP/Safouane/Dembny, in the absence of evidence to the contrary because Safouane discloses SPF of 340 (in vitro) and Dembny teaches critical wavelength of at least 370nm. See MPEP 2112.01. Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1371 (Fed. Cir. 2008). (inherency is limited when applied to obviousness and is present only when the limitation at issue is the “natural result” of the combination of prior art elements; quoting In re Oelrich, 666 F.2d 578, 581 (CCPA 1981)).
Thus, instant claim 6 is obvious over LP in view of Dembny.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over IP.com “Modern sunscreen formulations”, 2020-11-05, XP013188249 (IDS of 07/17/2025, hereinafter “IP”) in view of Dembny, “Critical wavelength and broad-spectrum UV protection”, obtained from on-line website: Critical wavelength and broad-spectrum UV protection | Dr. Ken Dembny, 2019-06-28, pp. 1-8, and further in view of Safouane et al. (EP3709958B1, of record).
LP in view of Dembny was discussed above with respect to instant claim 6.
However, LP in view of Dembny does not expressly teach SPF of instant claim 8. The deficiency is cured by Safouane.
Safouane discloses that the composition has a 340 SFP (in vitro) ([0170]) which is strong value and may correspond to SPF of at least 30. In particular, Safouane discloses cosmetic or dermatological composition in the form of emulsion comprising acrylic polymer and merocyanine as UV screening agent wherein the acrylic polymer advantageously comprises monomeric units of formulae (A) and (B) ([0019], [0037], [0039], [0041] and [0044]) and claim 1 of prior art noted above.
It would have been obvious to select high SPF value in order to provide strong sunscreen activity, and the SPF value is also determined as a matter of choice or design depending on the intended purpose.
In light of the forgoing discussion, the Examiner concludes that the subject matter defined by the instant claims would have been obvious within the meaning of 35 USC 103.
From the combined teachings of the references, it is apparent that one of ordinary skill in the art would have had a reasonable expectation of success in producing the claimed invention. Therefore, the invention as a whole was prima facie obvious to one of ordinary skill in the art at the time the invention was made, as evidenced by the combined references, especially in the absence of evidence to the contrary.
Response to Arguments
Applicant’s arguments have been fully considered, but are not persuasive for the reasons as noted above. In particular, IP’s polymer has semi-crystalline structure as evidenced by Noor. Further, Safouane is relied on for disclosing the monomer units of acrylates, and uncross-linked, not for merocyanine UV filter. It is noted that one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. In reKeller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In reMerck & Co., Inc., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). MPEP 2145.
In light of the foregoing, applicant’s arguments are not persuasive.
Claims 1-3, 5, 10-15 and 18-21 are rejected under 35 U.S.C. 103 as being obvious over Douezan et al. (FR3115457A1 having publication date of 2022-10-21, citation is obtained from its corresponding US2023/0414467A1) in view of Noor et al. (US2007/0264204A1).
Applicant provides claim 1 filed on 07/01/2026 as noted above:
Douezan discloses a photoprotective composition comprising at least one aqueous phase containing (i) at least a first hydrophilic gelling agent chosen from non-starchy polysaccharides (more particularly, scleroglucan which reads on the claimed scleroglucan); and (ii) at least a second hydrophilic gelling agent chosen from 2-acrylamido-2-methylpropanesulfonic acid polymers and copolymers; at least one oily phase containing (a) at least a first lipophilic gelling agent chosen from amino acid-based gelling agents; and (b) at least a second lipophilic gelling agent chosen from dextrin esters; and said composition also comprising at least one UV-screening agent (more particularly, bis-ethylhexyloxyphenol methoxyphenyl triazin (=bemotrizinol=Tinosorb S) which reads on the claimed bemotrizinol (abstract, [0054], [0156] and claims 1 of prior art) and selecting desired UV filter among various filters is a matter of choice, and thus the ordinary artisan may not choose merocyanine series, mineral type sunscreens, oxybenzone/octinioxate when tinosorb S is used and the composition further comprises (c) third lipophilic gelling agent chosen from semi-crystalline polymers such as C10-C30 alkyl polyacrylate corresponding to the Intelimer® products ([0102]-[0104] and [0122]) which reads on the claimed at least one semi-crystalline polymer having at least one crystallizable side chain and also stearyl and behenyl groups and non-crosslinked, and the composition is in the form of emulsion such as water-in-oil or oil-in-water ([0475]) (instant claims 1-3, 5, 10, 12, 14, 15, 20 and 21); the composition further can comprise surfactants or emulsifiers; the at least one UV filters can be present in an amount of 0.5 to 50% ([0251]-[0252]) and therefore, when single UV filter is present, additional UV filter is absent which overlaps 10% or less (instant claim 11); the composition further comprises active agent ([0445]-[0457]) (instant claim 13); the first gelling agent polysaccharide including scleroglucan gum is present in an amount of 0.05 to 5% which overlaps the instant range of 0.1 to 10% (instant claim 18); and the third lipophilic semi-crystalline agent is present in an amount of 0.2 to 5% ([0132]) and scleroglucan gum is present in an amount of 0.05 to 5%, and thus, the ratio (e.g., 5% to 5%=1:1) is within the claimed range of about 5:1 to about 1:3 (instant claim 19).
In light of the foregoing, instant claims 1-3, 5, 10-15 and 18-21 are obvious over Douezen.
Claims 4, 7 and 16 are rejected under 35 U.S.C. 103 as being obvious over Douezan et al. (FR3115457A1 having publication date of 2022-10-21, citation is obtained from its corresponding US2023/0414467A1) in view of Noor et al. (US2007/0264204A1).
Douezen was discussed above with respect to claim 1. Douezen further discloses oil-in-water type emulsion ([0475]) (instant claim 16).
However, Douezen does not expressly teach at least one semi-crystalline polymer of instant claim 4; and surfactant of instant claim 7. The deficiencies are cured by Noor.
Noor discloses personal care compositions containing functionalized polymers (title) and the polymers include at least one of functionalized side chain crystalline polymers (FSCC) and/or side chain crystalline polymers (SCC) to obtain improved cosmetic or personal care formulations, and non-limiting examples of those polymers include Poly C12-22 Alkyl Acrylates/Methacrylic Acid Crosspolymer (Intelimer® 8600, Intelimer® 8100), Poly C10-30 alkyl acrylate (Intelimer® IPA 13-1, Intelimer® IPA 13-6), Poly C12-22 Alkyl Acrylates/Hydroxyethylacrylate Copolymer (Intelimer® 1261, Intelimer® 1266), Poly C8-22 Alkyl Acrylates/Butyl Dimethicone Methacrylate Copolymer (Intelimer® 1221, Intelimer® 1226), and Poly Acrylic Acid/C8-22 Alkyl Acrylate Copolymer (Intelimer® 1281, Intelimer® 1286) ([0016]), and here, the SCC polymer includes i) 70-99% of repeating units derived from at least one n-alkyl acrylate or methacrylate in which the n-alkyl group contains 16-22 carbon atoms, and ii) 1-50%, typically 15-25% of repeating units derived from at least one monomer from acrylic acid, methacrylic acid ester in which the ester group contains a hydroxyethyl group ([0044]), and the SCC polymers has number average molecular weight is generally from about 10,000 which may overlap the claimed value 9000. The amount of 70-99% and 15-25% is within the claimed range of 1:30 to 1:1, and the i)+ii) is at least 85%, which reads on the polymer of instant claim 4 (instant claim 4); the composition is provided in oil-in- water emulsion ([0015); and the composition further comprises surfactant such as glyceryl stearate, glyceryl dilaurate, etc. ([0201] and claim 14 of prior art) which reads on the claimed surfactant (instant claim 7). The SCC and/or FSCC polymers thickens, modify the rheology, improve sensory and feel, compatibility in wide variety of cosmetic ingredients, improved water resistance and rub off resistance, enhance SPF of sunscreen formulation, etc. ([0009] and [0017]-[0029]).
It would have been obvious to modify the teachings of Douezen with non- crosslinked specific semi-crystalline SCC and/or functional SCC polymers and surfactants to enhance the properties of compositions (e.g., thickens, modify the rheology, improve sensory and feel, compatibility in wide variety of cosmetic ingredients, improved water resistance and rub off resistance, enhance SPF of sunscreen formulation, etc.) as taught by Noor (see [0009] and [0017]-[0029]).
In light of the foregoing, instant claims 4, 7 and 16 are obvious over Douezen in view of Noor.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Douezen et al. (FR3115457A1 having publication date of 2022-10-21, citation is obtained from its corresponding US2023/0414467A1) in view of Dembny, “Critical wavelength and broad-spectrum UV protection”, obtained from on-line website: Critical wavelength and broad-spectrum UV protection | Dr. Ken Dembny, 2019-06-28, pp. 1-8.
Douezen was discussed above with respect to claim 1.
However, the difference between the instant application and Douezen is that Douezen does not expressly teach the properties of instant claim 6. The deficiency is cured by Dembny.
Dembny discloses a good broad spectrum sunscreen that will protect against most of the UV spectrum from at least 370 nm of critical wavelength (page 4 of Dembny) (instant claim 6).
It would have been obvious to further modify the composition of Douezen/Noor with critical wavelength of at least 370nm of Dembny in order to provide a good broad spectrum sunscreen as taught by Dembny. Further, the claimed ratio properties other than critical wavelength would be a natural result of the combination of the prior art elements of Douezen/Noor/Dembny, in the absence of evidence to the contrary because Douezen/Noor disclose high satisfactory SPF ([0023 of Douezen and Noor] and Dembny teaches critical wavelength of at least 370nm. See MPEP 2112.01. Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1371 (Fed. Cir. 2008). (inherency is limited when applied to obviousness and is present only when the limitation at issue is the “natural result” of the combination of prior art elements; quoting In re Oelrich, 666 F.2d 578, 581 (CCPA 1981)).
Thus, instant claim 6 is obvious over Douezen in view of Dembny.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Douezen et al. (FR3115457A1 having publication date of 2022-10-21, citation is obtained from its corresponding US2023/0414467A1) in view of Dembny and further in view of Safouane et al. (EP3709958B1)
Douezen in view of Dembny was discussed above with respect to claims 1 and 6.
However, Douezen in view of Dembny does not expressly teach SPF value of instant claim 8. The deficiency is cured by Safouane.
Safouane discloses that the composition containing semi-crystalline polymer and surfactant has a 340 SFP (in vitro) ([0170]) which is strong value and may correspond to SPF of at least 30 (instant claim 8). In particular, Safouane discloses cosmetic or dermatological composition in the form of emulsion comprising acrylic polymer and merocyanine as UV screening agent wherein the acrylic polymer advantageously comprises monomeric units of formulae (A) and (B) ([0019], [0037], [0039], [0041] and [0044]) and claim 1 of prior art noted above; the surfactant includes alkylpolyglycoside ([0097]).
It would have been obvious to select high SPF value in order to provide strong sunscreen activity, and the SPF value is also determined as a matter of choice or design depending on the intended purpose.
In light of the foregoing, instant claim 8 is obvious over Douezon in view of Dembny and further in view of Safouane.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Douezen et al. (FR3115457A1 having publication date of 2022-10-21, citation is obtained from its corresponding US2023/0414467A1) in view of Safouane et al. (EP3709958B1).
Douezen was discussed above with respect to claim 1.
However, Douezen does not expressly teach pH of instant claim 9. The deficiency is cured by Safouane.
Safouane discloses that the composition containing semi-crystalline polymer and surfactant has a 340 SFP (in vitro) ([0170]) which is strong value and may correspond to SPF of at least 30. In particular, Safouane discloses cosmetic or dermatological composition in the form of emulsion comprising acrylic polymer and merocyanine as UV screening agent wherein the acrylic polymer advantageously comprises monomeric units of formulae (A) and (B) ([0019], [0037], [0039], [0041] and [0044]) and claim 1 of prior art noted above; the surfactant includes alkylpolyglycoside ([0097]); the composition has a pH of particularly 6 to 8.5 ([0134]) which overlaps the instant range of pH of 6 or greater (instant claim 9).
It would have been obvious to select pH depending on the intended purpose, and relationship with other ingredients, etc. unless there is evidence to show such claimed features lead to unexpected results.
In light of the foregoing, instant claim 9 is obvious over Douezon in view of Safouane.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of copending application No. 18/832780 in view of IP.com “Modern sunscreen formulations”, 2020-11-05, XP013188249 (IDS of 07/17/2025, hereinafter “IP”).
Although the claims at issue are not identical, they are not patentably distinct from each other because both set claims require the same UV screening agent, i.e., at least one semi-crystalline polymer comprising monomer units of formulae (A) and (B) with overlapping pH. However, copending ‘780 does not expressly teach bemotrizinol and at least one scleroglucan. The deficiency is cured by LP.
LP discloses bemotrizinol and scleroglucan (pages 3 and 5). It would have been obvious to add those ingredients of LP to the composition of copending ‘780 in order to enhance the properties of the composition of copending ‘780.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional double patenting rejection since the conflicting claims have not yet been patented.
Claims 1-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of copending application No. 18/543823 in view of IP.com “Modern sunscreen formulations”, 2020-11-05, XP013188249 (IDS of 07/17/2025, hereinafter “IP”)
Although the claims at issue are not identical, they are not patentably distinct from each other because both set claims require the same UV screening agent, i.e., at least one polymer comprising monomer units of formulae (A) and (B), C12-C24 fatty acid ester of C2-24 polyol, one carboxylic or carboxylate anionic surfactant. However, copending ‘823 does not expressly teach bemotrizinol and at least one scleroglucan. The deficiency is cured by The deficiency is cured by LP.
LP discloses bemotrizinol and scleroglucan (pages 3 and 5). It would have been obvious to further add those ingredients of LP to the composition of copending ‘823 in order to enhance the properties of the composition of copending ‘823.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional double patenting rejection since the conflicting claims have not yet been patented.
Claims 1-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of copending application No. 18/543702 in view of IP.com “Modern sunscreen formulations”, 2020-11-05, XP013188249 (IDS of 07/17/2025, hereinafter “IP”)
Although the claims at issue are not identical, they are not patentably distinct from each other because both set claims require the same components of bemotrizinol, and at least one polymer comprising monomer units of formulae (A) and (B), C12-C24 fatty acid ester of C2-24 polyol, one carboxylic or carboxylate anionic surfactant. However, copending ‘702 does not expressly teach at least one scleroglucan. The deficiency is cured by LP.
LP discloses bemotrizinol and scleroglucan (pages 3 and 5). It would have been obvious to further add those ingredients of LP to the composition of copending ‘702 in order to enhance the properties of the composition of copending ‘702.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional double patenting rejection since the conflicting claims have not yet been patented.
Response to Arguments
Applicant’s arguments against the applied reference IP.com have been fully considered, but are not persuasive for the same reason as in the above prior art rejections. LP.com was relied to disclose scleroglucan gum. And LP.com also discloses semi-crystalline crosspolymer as noted above.
Conclusion
All claims examined are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYUNG S CHANG whose telephone number is (571)270-1392. The examiner can normally be reached M-F 8-5.
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/KYUNG S CHANG/Primary Examiner, Art Unit 1613
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