DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant's election with traverse of Group I in the reply filed on 6/12/2026 is acknowledged. The traversal is on the ground(s) that the claims have been deemed novel and inventive in the international stage. This is not found persuasive because each case is examined on its own merits regardless of the international stage.
The requirement is still deemed proper and is therefore made FINAL.
Claims 13-14 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/12/2026.
INFORMATION DISCLOSURE STATEMENT
2. Information Disclosure Statement filed 1/7/2025 is acknowledged.
Claim Rejections- 35 USC § 103
3. 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.
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 1-2, 4-8, 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Shen (US Patent 6245325) in view of Shen (WO 0010512).
Shen (US Patent 6245325) (hereinafter ‘625) disclose enhanced efficacy antiperspirant salts which are stable in aqueous solution with compositions containing calcium and amino acid or a hydroxy acid. The stability of aluminum-zirconium tetrachlorohydrate-gly is obtained with Ca/Al ratio of 3.8 to 7.5 and Gly/Al ratio of 1.9 to 3.8 which is performed by ageing the solution to a temperature which is typically about 40-100 for 2 to 120 hours (column 3, line 66- column 4, line 48; column 7, lines 20-48, examples and Table 2A). Spray drying is taught (Table 3, Ex 3). The calcium salt is selected from calcium chloride (claim 3). Example 8 shows mixing to form the emulsion inclusion of fragrance. The aluminium-zirconium salt and glycine is forms a complex.
The ‘625 reference does not teach aluminium-zirconium penta-chlorohydrex glycine complex. Shen (WO 0010512) (as cited on the IDS 1/7/2025) (hereinafter ‘512) teaches compositions comprising enhanced efficacy antiperspirant salts stabilized by inclusion of calcium and an amino acid or a hydroxy acid (See entire document, e.g., Abstract). A preferred salt is aluminum-zirconium chlorohydrate which includes the penta-chlorohydrate form (e.g., Page 7 Lines 30-34). Preferred calcium salts include calcium chloride (i.e., a suitable calcium salt having a solubility in water of 10 g/L or greater of the instant claims; see claim 9) (e.g., Page 8 Lines 32-33). The most preferred amino and/or hydroxy acid is glycine, and the amino and/or hydroxy acid may be included as part of the antiperspirant salt complex such as, for example, Al-Zr-Gly salts (e.g. aluminum- zirconium tetrachlorohydrate-gly), wherein the glycine content of the salts may be adjusted (e.g., Page 9 Lines 22-24, 30-34). The composition will comprise in percent by weight about 18% to about 45% antiperspirant salt, about 20% to about 80% water, an amino acid or a hydroxy acid in an amount to provide an acid:Al+Zr weight ratio of about 2:1 to about 1:20, and a soluble calcium salt in an amount to provide a Ca:Al+Zr weight ratio of about 1:1 to about 1:28 (e.g., Page 10 Lines 13-19). The compositions may be formulated as oil-in-water and water-in-oil emulsions (e.g., Example 7 on Page 19 Line 30-Page 20 Line 3). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to substitute the tetrachlorohydrate with the penta-chlorohydrate form. One would have been motivated to do so because both are used in compositions comprising enhanced efficacy antiperspirant salts.
4. Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Shen (US Patent 6245325) in view of Shen (WO 0010512) as applied to claims 1-2, 4-8, 10-12 above, and further in view of Li (US Patent 7078220).
The modified ‘325 has been discussed supra but does not disclose pH.
Li (US Patent 7078220) disclose antiperspirant compositions with aluminum-zirconium and that show high pH values (abstract). The pH is at least 3.5 (col. 5, lines 50-52).Products with lower pH tend to increase the irritancy potential of the actives (col. 1 lines 25-26). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to adjust the pH of the composition such that it is at least 3.5. One would have been motivated to adjust the pH to avoid the irritancy potential of the actives.
5. Claims 1 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Shen (US Patent 6245325) in view of Shen (WO 0010512) as applied to claims 1-2, 4-8, 10-12 above, and further in view of Mikkelsen et al. (US 20190105256) and Askem et al. (US 20210007950).
The modified ‘325 has been discussed supra and does not disclose oil carrier and structuring agent to form a solid stick or soft solid composition.
Mikkelsen et al. (US 20190105256) (hereinafter Mikkelsen et al.) disclose antiperspirant compositions where structurant that help provide and maintain the basic structure and shape of the antiperspirant stick while preventing or minimalizing crystallinity of the stick (para 0028). The structurant helps impart structural integrity to the stick that is sufficient to withstand typical forces during application of the composition to skin of a user (para 0028).
Askem et al. (US 20210007950) disclose carrier oils for the active in antiperspirant compositions (para 0051). The carrier oil can be a masking oil which serves the purpose of reducing visible deposits when the composition accidentally meets clothing, for example. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to further include a structuring agent and carrier oil in antiperspirant stick compositions. One would have been motivated to do so because the structurant would impart structural integrity to the stick and the carrier could serve the purpose of reducing visible deposits when the composition accidentally meets clothing.
CORRESPONDENCE
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Danah Al-awadi whose telephone number is (571) 270-7668. The examiner can normally be reached on 9:00 am - 6:00 pm; M-F (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Robert A. Wax can be reached on (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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/DANAH AL-AWADI/Primary Examiner, Art Unit 1615
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