Prosecution Insights
Last updated: April 19, 2026
Application No. 18/544,330

TWO-STEP CLEANSING METHOD

Non-Final OA §103§112
Filed
Dec 18, 2023
Examiner
FUBARA, BLESSING M
Art Unit
1613
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
L'Oréal
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
96%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
786 granted / 1270 resolved
+1.9% vs TC avg
Strong +34% interview lift
Without
With
+34.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
38 currently pending
Career history
1308
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
36.3%
-3.7% vs TC avg
§102
18.6%
-21.4% vs TC avg
§112
20.6%
-19.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1270 resolved cases

Office Action

§103 §112
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. The examiner acknowledges receipt of response to restriction requirement filed 01/ 15/2026 and IDS filed 03/23/2026, 03/05/2026, 02/02/2026. 10/15/2024, and 12/18/2023 . Claims 5-7 and 9 are amended. Claims 1-20 are pending. Election/Restrictions In response to the restriction requirement of 12/08/2025, applicant has elected without traverse Group I, claims 1-17, in the reply filed on 01/15/2026 is acknowledged. The examiner also acknowledges applicant’s election of isobutyl methacrylate as methacrylate polymer of item of claim 1 (i) a; polycitronellol acetate as the solvent of item claim 1 (i) b; isodecane as the optional alkane of item of claim 1 (i) d; squalane as the nonpolar oil of item of claim 1 (ii) a; and candelilla was as specific solid fatty compound. The claims have not been amended to reflect limiting the claims to the elected species. Thus, claims 18-20 stand withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/15/2026. Claims 1-17 are under consideration. The examiner also acknowledges applicant’s request, to rejoins additional species that depend on or otherwise require all the limitations of allowable generic claim, upon allowance of a generic claim. Information Disclosure Statement The IDS filed 03/23/2026, 03/05/2026, 02/02/2026. 10/15/2024, and 12/18/2023 have been considered by the examiner. Claim Rejections - 35 USC § 112 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 appl icant regards as his invention. Claims 1-17 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 broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim s 12 and 15 and 16 recite broad recitation of one or more alkanes in line 2 (claim 12), thickening agents in line 2 of claim 15 and solid fatty compound in line 2 of claim 16 ; claim 12 also recites isodecane, isododecane, tetradecane and others as narrower forms of the broad alkane; claim 15 also recites polymers, gums, organoclays, hectorite gel, silica and others to narrow the thickening agent using the terms “for example” and “preferably” in lines 2 and 4; claim 16 also recites waxes, fatty alcohols, beeswax, candelilla wax, cetyl alcohol, lanolin, castor wax which are the narrower statement of the solid fatty compounds using the terms “preferably” and “example” in lines 2 and 3 . The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim s , and therefore not required, or (b) a required feature of the claims. Regarding claims 15 and 16, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim 1 and the claims dependent thereon are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: removing the makeup from the skin. The method of removing makeup from skin comprises the steps of applying first and second anhydrous compositions to the skin. The claims have failed to recite the step taken or the step to take to remove the makeup from the skin to effect/complete the method of removing the makeup from the skin. The as filed specification in at least , page 2, lines15-17, page 6, lines 21-23, page 20, lines 13-14 teach removing the makeup solidified by peeling, wiping or rinsing. Therefore, the claims are examined removing the makeup by peeling off the makeup coagulated by the anhydrous composition from the skin. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis ( i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 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. Claim (s) 1 -12 and 14 -17 is/are rejected under 35 U.S.C. 103 as being unpatentable over MITRA et al. (US 20220249342 A1) . MITRA et al. (US 20220249342 A1 ) method of removing makeup (paragraphs [0004], [0007], [0013], [0032], [0033] , [0034] , [0043] ) by applying anhydrous cosmetic cleansing composition to skin and peeling or sloughing off; in some embodiments the cosmetic cleansing composition is applied in a series of steps (paragraph [0035] , [0043] ). The cosmetic cleansing compositions comprises cosmetic carrier system and cleansing coagulant system (paragraph [0006]); the cleansing coagulant system congeals to form viscoelastic fluid that can bind and remove makeup ; the coagulant system includes oil and viscosity modifier that include food derived oil and methacrylate polymer components (paragraph [0043]). A named natural food derived oil is linseed oil and the polymer is polyisobutyl methacrylate (paragraph [0045]) . The polyisobutyl methacrylate in linseed oil natural derived oil meets the limitation of claim 1 (i) a, that hydrophobic polymer formed as a reaction product of a food derived oil and a methacrylate polymer. The cosmetic cleansing composition include alkanes, namely isododecane, iso-paraffin or isohexadecane (paragraph [0076]) and oily phase that includes isopropyl myristate (paragraph [0079]) with the isododecane meeting the limitation of the elected optional alkane of claims 1 and 9 and 12 , and the isopropyl myristate meets the requirement of solvent that is capable of solubilizing the hydrophobic polymer of claims 1 and 9. The cosmetic carrier system contains oily phase components including humectant (paragraph [0025]) such as squalane humectant (paragraphs [0113]- [0116], [0174], claim 5) meeting the elected squalane, nonpolar oil in which the hydrophobic polymer is not soluble of claims 1 and 14 . The cosmetic carrier system contains fatty alcohols (paragraph [0027]) such as C8-C25 fatty alcohol (paragraph [0103]); C16 is cetyl alcohol and C18 is stearyl alcohol, with fatty alcohols such as the cetyl and stearyl alcohols being waxy and meeting the requirement of claim 16. In an embodiment, the cleansing coagulant system alone or with a solvent is imbued in a pad or wipe or pod and the cosmetic carrier is separately imbued or contained in pad, wipe or pod (paragraph s [0030]- [0031]). The cleansing coagulant system meets the limitation of a first anhydrous composition and the cosmetic carrier system meets the limitation of the second coagulant system. For claim 1, MITRA does not specifically teach that the cleansing coagulant, which is the first anhydrous composition is applied followed by the cosmetic carrier composition, which is the second anhydrous composition. However, MITRA teaches that in some embodiments, the cosmetic cleansing composition is applied in a series of steps from one or more articles of manufacture in a series of steps, where after the first application one or more subsequent applications provides for reacting, fixing or coagulating the cleansing coagulant system component to form a semi solid or solid or congealed material that may thereafter be peeled or sloughed off from the keratinous tissue (paragraph [0035]). Therefore, before the effective date of the invention, the artisan would reasonably expect that applying the cleansing coagulant to the skin having makeup followed by application of the cosmetic carrier would provide a congealed material on the skin that would be effectively peeled off or sloughed of f to remove the makeup. It has been settled in In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) that selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results; and in In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930) ( that the s election of any order of mixing ingredients is prima facie obvious. For claim 2 , MITRA does not say that the applied anhydrous composition is not transparent. For claim 3 , isobutyl methacrylate in the linseed oil meets the claim. For claim 4 , linseed oil or sunflower oil is present at 60-80% (paragraph [0058]) which is specific point range within the claimed range of 50-85%; the polymer is present at 25-35% (paragraph [0057]) , a specific point range within the claimed range of 15-50%. For claim 5 , the polyisobutyl methacrylate polymer meets the claim. For claim 6 , the reaction product of linseed oil and polyisobutyl methacrylate meets the claim. For claim 7 , because the linseed oil at 60-80% and the isobutyl methacrylate polymer at 25-35% teaches the parts of the polymer to linseed oil, the ordinary skilled artisan would reasonably expect that the polymer in the reaction product would be at a certain parts by weight and the linseed oil will be at acceptable parts by weight to achieve a product that when applied would be expected to be peeled of f to remove the makeup. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) . For claim 8 , the one or more solvents capable of solubilizing the hydrophobic polymer has the recited characteristic of: “ solubilizing the hydrophobic polymer of (i)(a) have a dispersion component (D), a polar component (P), and a hydrogen bonding component (H), and a distance (Ra) less than or equal to 13.4 MPa 0.5 as per Hansen Solubility Parameters, wherein the distance (Ra) is defined by formula (I): Ra = ( 4(D - D1 ) 2 + (P – P 1 ) 2 + (H - H 1 ) 2 (I) ) (Square Root) wherein D 1 is 16.8 MPa 0.5 P 1 is 4.8 MPa 0.5 , and H 1 is 13.0 MPa 0.5 .” Because isopropyl alcohol, isododecane, isopropyl myristate are solvents that are capable of solubilizing the hydrophobic polymer as claimed in instant claim 9; and it is one or more of these that have the characteristic recited in claim 8, the isododecane and isopropyl myristate would also inherently have the characteristic recited in claim 9. For claim 9 , the isododecane and isopropyl myristate meet the requirement of solvent that is capable of solubilizing the hydrophobic polymer of claims 1 and 9 . For claim 1 1 , olive oil and sunflower oil (paragraph [0073]) meets the claim. For claim 12 , the isodecane meets the limitation of alkane in claim 12. For c laim 14 , the squalane meets the claim. For claim 15 , silica (paragraphs [0021], [0051], [0138], [0168], claim 3) meet the claim. For claim 16 , fatty alcohols are waxy and C16 (cetyl alcohol), C18 (stearyl alcohol) fatty alcohols (paragraph [0103]) meet the claim. For claim 10 , the polymer is present at 25-35% (paragraph [0057]) which is a specific point rang of the claimed 10-40% ; a lkane is present at from about 1% to about 12% or from about 3% to about 11% or from about 5% to about 10% (paragraph [0078]) with the 5-10% being a specific point within the claimed range of 1-25%, and Solvents such as water soluble solvents, namely isopropyl alcohol (paragraph [0094]) is present at 0.5-90% (paragraphs [0097], [0098]) . In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) . For claim 17 , the cosmetic carrier system comprises an oil phase (paragraphs [0012], [0024]-[0027] , [0048] ) and is present at from about 75% to about 99% (paragraph s [0023] , [0053]); the cosmetic carrier system i s a so l vent for the cosmetic coagulant system (paragraph [0054]). T he cosmetic carrier system is the second anhydrous composition and the coagulant system is the first anhydrous composition . Claim 17 (b) and (c) are optional. Therefore, MITRA renders claims 1-12 and 14-17 prima facie obvious. No claim is allowed. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT BLESSING M FUBARA whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-0594 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 7:30 am-6 pm (M-T) . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Brian Yong Kwon can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 5712720581 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BLESSING M FUBARA/ Primary Examiner, Art Unit 1613
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Prosecution Timeline

Dec 18, 2023
Application Filed
Apr 01, 2026
Non-Final Rejection — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
62%
Grant Probability
96%
With Interview (+34.2%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 1270 resolved cases by this examiner. Grant probability derived from career allow rate.

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