DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after December 07, 2023, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
Receipt is acknowledged of Applicants’ claimed invention filed on 12/07/2023 in the matter of Application N° 18/567,817. Said documents are entered on the record. The Examiner further acknowledges the following:
Thus, claims 1-10 represent all claims currently under consideration.
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being anticipated by Suresh et al. (CN105407718), English translation (AU2014276460A1), In view of Wilczek et al. (WO2010080426A1)
Regarding claim 1, Suresh et al. teach a composite opacifier dispersion (See paragraph 00180 and 00182 and 00238), an aqueous dispersion medium (See paragraph 00234), a surfactant (See paragraph 00180), a polycaprolactone polymer (See paragraph 00107) and plurality of composite opacifier wherein the opacifier particles comprise metal oxide particles selected from the group zinc oxide and titanium oxide and mixtures thereof (See paragraph 0063). Having a size greater than 100 nm to about 1,000 nm as measured by dynamic light scattering (See paragraph 00121 and paragraph 29), and wherein the composite opacifier particles have an average particle size of 50 nm to about 2500 nm (See paragraph 00121).
However, Suresh et al. do not explicitly disclose certain aspects of the claimed invention, including modified/encapsulated titanium dioxide structure, improved dispersibility feature, or specific structural relationship.
Wilczek et al. teach modified encapsulated titanium dioxide comprising an intimate mixture of crude titanium dioxide and a polycaprolactone based polymer. Wilczek et al. further teach that such modification provides improved dispersibility and improved appearance, and that the modified titanium dioxide may be incorporated into formulations without the need for additional dispersants. Wilczek et al. also disclose that suitable processing aids may include surfactants, wetting agents, and dispersing agents, and that titanium dioxide particles may have mean particle sizes within the nanometer range overlapping those taught by Suresh et al. (See abstract, paragraphs 5 6, 11, 12, and 15, and claims 1 and 3).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the composite opacifier dispersion of Suresh et al. by utilizing the modified/encapsulated titanium dioxide of Wilczek et al. because Wilczek et al explicitly teach that such modification improves dispersibility and appearance of titanium dioxide in compositions. A person of ordinary skill in the art would have been motivated to incorporate these teachings into the dispersion system of Suresh et al. in order to achieve improved dispersion stability and optical properties, which are recognized goals in the formulation of opacifier-containing compositions.
Furthermore, both references are directed to similar fields of endeavor, namely compositions comprising titanium dioxide or zinc oxide particles dispersed with polymers (including polycaprolactone), and both addresses improving dispersion and performance characteristics of such particles. The combination therefore, represents the use of a known material (modified titanium dioxide) to improve similar compositions for its known purpose (improved dispersibility and performance), which is considered obvious.
Regarding claim 2, Suresh et al. teach an aqueous personal care rinse, comprising a dermatologically acceptable aqueous vehicle (See paragraph 00229 and 00230), and a dermatologically acceptable cleaning surfactant (See paragraph 00231), and the composite opacifier dispersion (See paragraph 00180 and 00182 and 00238), wherein the opacifier particles comprise metal oxide particles selected from the group zinc oxide and titanium oxide and mixtures thereof (See paragraph 0063). Having a size greater than 100 nm to about 1,000 nm as measured by dynamic light scattering (See paragraph 00121 and paragraph 29), and wherein the composite opacifier particles have an average particle size of 50 nm to about 2500 nm (See paragraph 00121).
Regarding claim 3, Suresh et al. teach a personal care rinse off composition, wherein the aqueous personal care rinse off composition is selected from shampoo, conditioner (See paragraph 0018 and 0019), and body wash formulations (See paragraph 00237), and face wash formulation (See paragraph 00173) wherein the dermatologically acceptable cleaning surfactant is selected from betaines (as required by instant claim 4 (See paragraph 00231) wherein the additive is selected from the group consisting of surfactants, wherein the metal oxide particles are titanium dioxide particles (as required by instant claim 5 (See paragraph 117).
Suresh also teaches that the composition can further comprise an aqueous personal care rinse off composition, comprising a rheology modifier (as required by instant claim 6 (See paragraph 00180) wherein the suitable biodegradable polymers include, polycaprolactone polymer wherein the molecular weight is from 10,000 to 1,000,000 Daltons (as required by instant claims 7, (See paragraph 00107). Since the reference teaches polycaprolactone, it is anticipated that the polycaprolactone polymer will have the molecular weight ranging from 20,000 to 200,000 and 25,000 to 150,000 Daltons (as required by instant claims 8 and 9 based on the specific polycarprolactone).
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kimberly Barber whose telephone number is (703) 756-5302. The examiner can normally be reached on Monday through Friday from 6:30 AM to 3:30 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert A. Wax, can be reached at telephone number (571) 272-0623. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY BARBER/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615