DETAILED ACTION
Status of Claims
The amendments, and arguments, filed April 17, 2026, are acknowledged and have been fully considered. Claims 1-3, 5-13 and 15-21 are pending. Claims 1-2 have been amended; new claims 20-21 have been added; claims 7-10, 13 and 19 have been withdrawn; and claims 4 and 14 have been cancelled. Claims 1-3, 5-6, 11-12, 15-18 and 20-21 are currently under consideration. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Office Action: Final
Withdrawn Claim Objections & Rejections
The objection to claim 2 (at par. 4-5 of the 12/18/2025 Office action) is withdrawn in light of applicant’s 04/17/2026 amendments. Applicant’s 04/17/2026 remarks at p. 5, par. 1, are acknowledged.
The rejection of claim 14 under 35 U.S.C. § 112 (d) or 35 U.S.C. § 112 (pre-AIA ), fourth paragraph, as not being further limiting (at par. 6-7 of the 12/18/2025 Office action), is withdrawn in light of applicant’s 04/17/2026 amendments. Applicant’s 04/17/2026 remarks at p. 5, par. 2, are acknowledged.
The rejection of claims 1-3 and 6 under 35 U.S.C. § 102 (a)(2) by CHEN (CN 112190502 A; as evidenced by English language translation of CN 112190502 A) (at par. 8-14 of the 12/18/2025 Office action) is withdrawn in light of applicant’s 04/17/2026 amendments (in particular, the amendments to independent claim 1 reciting, “a degree of cationization of more than 1.5”).
The rejection of claims 1-6, 11-12 and 14-18 under 35 U.S.C. § 103 over CHEN (at par. 15-22 of the 12/18/2025 Office action) is maintained in modified form, in light of applicant’s 04/17/2026 amendments, which add new claim 20.
New Claim Objections - Necessitated by Amendments
The following claims are objected to because of the following informalities: Claim 21 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
Appropriate correction is required.
Modified Claim Rejections – 35 U.S.C. § 103 - Necessitated by Amendments
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 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 pre-AIA 35 U.S.C. § 103(a) 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 C.F.R. § 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 1-3, 5-6, 11-12, 15-18 and 20 are rejected under 35 U.S.C. § 103 as being unpatentable over CHEN (CN 112190502 A, Filed Sep. 21, 2020; as evidenced by English language translation of CN 112190502 A; on 08/29/2013 IDS; hereinafter, “Chen”; of record).
Paragraph numbers for Chen refer to English language translation of CN 112190502 A. Chen is directed to a hyaluronic acid quaternary ammonium salt compound. Chen, title & abstract. In this regard, Chen teaches a “hyaluronic acid quaternary ammonium salt complex” having “general formula (1),” wherein “the degree of substitution of the quaternary ammonium cation is preferably greater than 0.4 and less than 1.5”:
[0010] The hyaluronic acid quaternary ammonium salt complex of the present invention is also characterized in that the quaternary ammonium cation group is represented by the general formula (1),
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[0011] In the formula, R1 to R3 represent a hydrocarbon group having 1 to 4 carbon atoms, and X-represents a lactate ion or a chloride ion.
[0012] The hyaluronic acid quaternary ammonium salt complex of the present invention is also characterized in that the quaternary ammonium cation group is selected from 2-hydroxypropyltrimethylammonium ions with monovalent positive charge, 2-hydroxypropyltriethyl Ammonium ion, 2-hydroxypropyltripropylammonium and/or 2-hydroxypropyltributylammonium ion, preferably 2-hydroxypropyltrimethylammonium ion with a monovalent positive charge.
[0013] The hyaluronic acid quaternary ammonium salt complex of the present invention is also characterized in that the degree of substitution of the quaternary ammonium cation is preferably greater than 0.4 and less than 1.5, between 0.4 and 1.5.
Chen, par. [0010]-[0013], and Fig. 1 from p. 3 of CN 112190502 A.
Regarding independent claim 1 and the requirements:
1. A hydroxypropyltrialkylammonium hyaluronate and/or salt thereof, having a degree of cationization of more than 1.5.
Chen clearly teaches a “hyaluronic acid quaternary ammonium salt complex” having “general formula (1),” wherein “the degree of substitution of the quaternary ammonium cation is preferably greater than 0.4 and less than 1.5” (Chen, par. [0010]-[0013], and Fig. 1), WHEREBY it is noted:
a “hyaluronic acid quaternary ammonium salt complex” having “general formula (1)” (Chen, par. [0010]-[0011], and Fig. 1) relates to a “hydroxypropyltrialkylammonium hyaluronate and/or salt thereof” of claim 1.
However, Chen teaches that the “degree of substitution of the quaternary ammonium cation is preferably greater than 0.4 and less than 1.5” (Chen, par. [0013]), and therefore, Chen DOES NOT EXPRESSLY TEACH “a degree of cationization of more than 1.5” per the requirements of claim 1, as well as the requirements of claim 15-16 for:
15. The hydroxypropyltrialkylammonium hyaluronate and/or salt thereof according to claim 4 having a degree of cationization of at least 1.6.
16. The hydroxypropyltrialkylammonium hyaluronate and/or salt thereof according to claim 4 having a degree of cationization of at least 1.7.
In this regard, it is noted that MPEP § 2144.05 (I), states, “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).” In this regard, Chen teaches a “hyaluronic acid quaternary ammonium salt complex” having “general formula (1)” (Chen, par. [0010]-[0011], and Fig. 1) selected from “2 hydroxypropyltrimethylammonium ions with monovalent positive charge” (Chen, par. [0012]) wherein “degree of substitution of the quaternary ammonium cation is preferably greater than 0.4 and less than 1.5” (Chen, par. [0013]). However, Chen also teaches that “the surface of human skin and hair is usually negatively charged” while “introduced quaternary ammonium-containing cationic groups into HA to improve HA on the surface of skin and hair Adhesion, thereby improving HA moisturizing, lubricating, nourishing and repairing effects”:
[0006] The natural HA produced by extraction or fermentation has extremely high hydrophilicity and viscoelasticity. It has many functions such as moisturizing, lubricating, nourishing, and repairing when applied to the skin surface. However, because the surface of human skin and hair is usually negatively charged, and natural HA is a negatively charged polyanionic polysaccharide, it is difficult to adsorb on the surface of hair and skin to function. CN101316864 (Shiseido, Japan), CN101715457A (Kewpie, Japan), CN107739417A (Yangzhou Zhongfu Biotechnology Co., Ltd.), CN107556402A (Chongqing Technology and Business University), etc. introduced quaternary ammonium-containing cationic groups into HA to improve HA on the surface of skin and hair Adhesion, thereby improving HA moisturizing, lubricating, nourishing and repairing effects. Cationization strengthens the adhesion of HA to skin and hair, but after the degree of cationization is increased to a certain level, satisfactory moisturizing effect and smoothness cannot be obtained. In order to solve this problem, on the basis of the prior art of the present invention, monovalent anion lactic acid is introduced into cationized HA to replace halide ions and form salts with part of quaternary ammonium cations, which overcomes the defects of the prior art and makes the higher degree of substitution Cationized HA can also obtain satisfactory moisturizing effect and smoothness. The hyaluronic acid quaternary ammonium salt complex prepared by the invention has high adhesion and high moisturizing properties, and can be widely used for preparing care products and cosmetics for improving skin and hair and repairing the stratum corneum.
(Chen, par. [0006]), while broadly teaching “[t]he hyaluronic acid quaternary ammonium salt complex of the present invention is characterized in that: (j) the substitution degree of quaternary ammonium cation is 0.1-2.0”:
[0009] The hyaluronic acid quaternary ammonium salt complex of the present invention is characterized in that: (j) the substitution degree of quaternary ammonium cation is 0.1-2.0; (2:) 20% to 80% of the quaternary ammonium cation groups form a salt with lactic acid.
(Chen, par. [0009]). In this respect, it is further noted, “[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); and also MPEP § 2144.05(II)(A). In the instant case, “degree of substitution” or “degree of cationization” is clearly a result-effective variable, for which Chen teaches a “substitution degree of quaternary ammonium cation is 0.1-2.0” (Chen, par. [0009]) for “introduc[ing] quaternary ammonium-containing cationic groups into HA to improve HA on the surface of skin and hair Adhesion, thereby improving HA moisturizing, lubricating, nourishing and repairing effects” (Chen, par. [0006]). Therefore, it would have been customary for an artisan of ordinary skill to select an appropriate “degree of substitution” or “degree of cationization” per Chen’s broader disclosure in optimizing an HA for adhesion, wherein the “substitution degree of quaternary ammonium cation is 0.1-2.0” (Chen, par. [0009]), in order to obtain advantageous moisturizing, lubricating, nourishing and repairing effects (Chen, par. [0006]), thus rendering the range requirements of claims 1 and 15-16 obvious.
Thus, Chen renders claims 1 and 15-16 obvious.
Regarding claims 2-3 and 6 and the requirements:
2. The hydroxypropyltrialkylammonium hyaluronate and/or salt thereof according to claim 1, wherein the hydroxypropyltrialkylammonium hyaluronate and/or salt thereof is selected from the group consisting of: hydroxypropyltrimonium hyaluronate and/or salt thereof; hydroxypropyltriethylammonium hyaluronate and/or salt thereof; hydroxypropyltripropylammonium hyaluronate and/or salt thereof; and hydroxypropyltributylammonium hyaluronate and/or salt thereof.
3. The hydroxypropyltrialkylammonium hyaluronate and/or salt thereof according to claim 2, wherein the hydroxypropyltrialkylammonium hyaluronate and/or salt thereof is hydroxypropyltrimonium hyaluronate and/or salt thereof.
[…]
6. The hydroxypropyltrialkylammonium hyaluronate and/or salt thereof according to claim 1, comprising or consisting of the chloride salt of hydroxypropyltrialkylammonium hyaluronate.
Chen teaches:
a “hyaluronic acid quaternary ammonium salt complex” selected from “2 hydroxypropyltrimethylammonium ions with monovalent positive charge” (Chen, par. [0012]), which reads on a “hydroxypropyltrimonium hyaluronate and/or salt thereof” of claims 2-3, and a “hydroxypropyltrialkylammonium hyaluronate” of claim 6; and
a “hyaluronic acid quaternary ammonium salt complex” having “general formula (1),” wherein “X-represents a […] a chloride ion” (Chen, par. [0010]-[0011], and Fig. 1), which reads on a “chloride salt” of claim 6.
Thus, Chen renders claims 2-3 and 6 obvious.
Regarding claims 5 and 17-18 and the requirements:
5. The hydroxypropyltrialkylammonium hyaluronate and/or salt thereof according claim 1, wherein the hydroxypropyltrialkylammonium hyaluronate and/or salt thereof is prepared from a hyaluronic acid or a salt thereof having an average molecular weight of about 10 kDa to about 200 kDa.
[…]
17. The hydroxypropyltrialkylammonium hyaluronate and/or salt thereof according claim 5, wherein the hydroxypropyltrialkylammonium hyaluronate and/or salt thereof is prepared from a hyaluronic acid or a salt thereof having an average molecular weight of about 15 kDa to about 150 kDa.
18. The hydroxypropyltrialkylammonium hyaluronate and/or salt thereof according claim 5, wherein the hydroxypropyltrialkylammonium hyaluronate and/or salt thereof is prepared from a hyaluronic acid or a salt thereof having an average molecular weight of about 20 kDa to about 100 kDa.
Chen teaches “[t]he average molecular weight range of hyaluronic acid and/or its salt is selected from 10 kDa to 7000 kDa, preferably 200 kDa to 2000 kDa, more preferably 400 kDa to 1000 kDa”:
[0024] In step G) of the above preparation method, hyaluronic acid and/or its salt is selected from hyaluronic acid, sodium hyaluronate, potassium hyaluronate, zinc hyaluronate, calcium hyaluronate, magnesium hyaluronate, ammonium hyaluronate And/or one or a mixture of two or more of tetrabutylammonium hyaluronic acid; preferably sodium hyaluronate. The average molecular weight range of hyaluronic acid and/or its salt is selected from 10 kDa to 7000 kDa, preferably 200 kDa to 2000 kDa, more preferably 400 kDa to 1000 kDa.
Chen, par. [0024]. See MPEP § 2144.05 (I) regarding the obviousness of prior art overlapping claimed numerical ranges.
Thus, Chen renders claims 5 and 17-18 obvious.
Regarding claims 11-12 and the requirements:
11. A cosmetic composition comprising the hydroxypropyltrialkylammonium hyaluronate and/or salt thereof according to claim 1 and a suitable carrier.
12. The cosmetic composition according to claim 11, wherein the cosmetic composition is a hair care or a skin care composition.
Chen teaches a “hyaluronic acid quaternary ammonium salt complex” added to “commonly used ingredients of cosmetics”:
[0033] The hyaluronic acid quaternary ammonium salt complex of the present invention is added to the commonly used ingredients of cosmetics and formulated into various forms such as solutions, gels, ointments, creams or emulsions, and can be used to prepare daily-use bath products, such as body wash, shampoo, care Hair conditioner, cleanser, shampoo, conditioner, shaving cream, shaving foam, shaving lotion, etc.; also can prepare daily care products, such as moisturizer, moisturizing spray, moisturizing facial mask, toner, toner, Skin lotion, exfoliating gel, acne gel, face cream, body cream, hand cream, foot cream, repair essence, moisturizer, moisturizing cream, repair cream, moisturizing lipstick, lip gioss, lip glaze, hair removal cream, Styling gel, hair repair gel, hair softener, etc.
(Chen, par. [0033]), wherein “various forms such as solutions, gels, ointments, creams or emulsions” are encompassed by a “suitable carrier” of claim 11 for a “cosmetic composition” of claims 11-12. See MPEP § 2123 [R-5] regarding the obviousness of rearranging a reference according to the teachings of that same reference.
Thus, Chen renders claims 11-12 obvious.
Regarding claim 20 and the requirements:
20.([…]) The hydroxypropyltrialkylammonium hyaluronate and/or salt thereof according claim 1, wherein the hydroxypropyltrialkylammonium hyaluronate and/or salt thereof comprises or consists of the chloride salt of hydroxypropyltrialkylammonium hyaluronate.
Chen teaches a “hyaluronic acid quaternary ammonium salt complex” having “general formula (1)” (Chen, par. [0010]-[0013]), wherein “X-represents […] a chloride ion” (Chen, par. [0011]), which is “the chloride salt of hydroxypropyltrialkylammonium hyaluronate” of claim 20.
Thus, Chen renders claim 20 obvious.
Response to Arguments
Applicants’ arguments, filed on April 17, 2026 (hereinafter, referred to as “Remarks”), have been fully considered, but they are not persuasive.
Applicant argues: “Claim 1 has no overlap with Chen” for being directed to “values even lesser than the ‘less than 1 .5’ are to be preferred,” and “thus ‘teaches away’ from consideration of any values of 1.5 or more” (Remarks, p. 6, par. 2). In response: it is noted that the criteria for establishing a case of prima facie obviousness is not whether the prior art exemplifies all the claimed limitations but whether the prior art suggests the claimed limitations. According to MPEP § 2123, “Disclosed examples and preferred embodiments do not constitute a teaching away from the broader disclosure or nonpreferred embodiment”. A reference is relevant as prior art for all that it contains. In the instant case, Chen teaches a “hyaluronic acid quaternary ammonium salt complex” having “general formula (1),” (Chen, par. [0010]-[0013], and Fig. 1), wherein “degree of substitution” or “degree of cationization” is clearly a result-effective variable because Chen teaches a “substitution degree of quaternary ammonium cation [that] is 0.1-2.0” (Chen, par. [0009]) for “introduc[ing] quaternary ammonium-containing cationic groups into HA to improve HA on the surface of skin and hair Adhesion, thereby improving HA moisturizing, lubricating, nourishing and repairing effects” (Chen, par. [0006]). Therefore, it would have been customary for an artisan of ordinary skill to select an appropriate “degree of substitution” or “degree of cationization” per Chen’s broader disclosure in optimizing an HA for adhesion, wherein the “substitution degree of quaternary ammonium cation is 0.1-2.0” (Chen, par. [0009]), in order to obtain advantageous moisturizing, lubricating, nourishing and repairing effects (Chen, par. [0006]), thereby rendering obvious the requirement of claim 1 for “[a] hydroxypropyltrialkylammonium hyaluronate and/or salt thereof, having a degree of cationization of more than 1.5.”
Applicant also argues:
As noted above, Chen teaches “ .. optimizing an HA for adhesion .. “, and this is supported by Chens’ disclosure, particularly at paras. [0062], [0065] which demonstrates ‘leave-on’ applications. The principle most relevant to Chen is thus dermal adhesion, and this is contrary to the technical problem of ‘rinse-off’ properties. See applicant's specification generally, including page 18, lines 7 - 10. Chen does not in any appropriate manner, disclose or even remotely hint or suggest that, by increasing the degree of cationization, a product suitable for rinse-off application could be obtained.
Additionally, Chan can be further differentiated in that from Chen’s paragraphs [0062][0066] disclosing comparative tests with sodium hyaluronate and the quaternary ammonium salts with and without lactic acid, Chen makes apparent that the lactic acid complex concurrently with sodium hyaluronate and the quaternary ammonium salts is important to achieve the desired effects.
(Remarks, p. 7, par. 1-2). In response: the scope of the instant claims is drawn to
1. A hydroxypropyltrialkylammonium hyaluronate and/or salt thereof, having a degree of cationization of more than 1.5.
NOT a more particular rinse-off cosmetic composition for hair or skin care. Therefore, claim 1 should be amended to recite:
1. A cosmetic composition comprising a[[A]] hydroxypropyltrialkylammonium hyaluronate and/or salt thereof, having a degree of cationization of more than 1.5 and a suitable carrier,
wherein the cosmetic composition is a hair care or a skin care composition,
wherein the cosmetic composition is a rinse-off formulation.
(with the preambles of the dependent claims amended similarly) in order to overcome the obviousness rejection of record based on Chen.
Summary/Conclusion
Claims 1-3, 5-6, 11-12, 15-18 and 20 are rejected. Claim 21 is objected to. No claims are allowed.
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC LAZARO whose telephone number is (571)272-2845. The examiner can normally be reached on Monday through Friday, 8:30am to 5:00pm EST; alternating Fridays out.
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/DOMINIC LAZARO/Primary Examiner, Art Unit 1611
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