CTNF 18/576,696 CTNF 85371 DETAILED ACTION Status of the Claims Claims 1-8, 17-19and 21-29 are pending in the instant application. Claims 17-19 and 26-29 have been withdrawn based upon Restriction/Election as discussed below. Claims 1-8 and 21-25 are being examined on the merits in the instant application. Advisory Notice 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Restriction/Election 08-25-02 Applicant's election of Group II drawn to method(s) of using, currently claims 1-8 and 21-15 in the reply filed on 05/04/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Applicants have elected the following species in the reply filed 05/04/2026: (a) a species of a nicotinamide nucleotide transhydrogenase (NNT) is usnic acid, and a Mitofusin 2 (MFN2) activator is N-(4-hydroxycyclohexyl)-6-phenylhexanamide. The requirement is deemed proper and is therefore made FINAL. 08-05 AIA Claim s 17-19 and 26-29 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected subject matter , there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/04/2026 . Priority The instant Application is a U.S. entry (371) of PCT/US2022/073434 filed 07/05/2022 and claims priority to U.S. Provisional Application No. 63/218,427 The U.S. effective filing date has been determined to be 07/05/2022, the filing date of the PCT/US2022/073434. The examiner finds no support for usnic acid (elected species of NTT activator) in 63/218,427. Information Disclosure Statement The information disclosure statements submitted on 05/15/2024 and 05/04/2026 were filed before the mailing date of the first office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Examiner. Specification The abstract of the disclosure is objected to because the abstract is from the PCT which does not appear on a single page without other text, and should be within the range of 50 to 150 words in length. 06-16 AIA Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). The instant Specification is further objected to because of the contradictory disclosure that: “A number of NNT activators are known in the art and suitable for use in the present methods and compositions, including usnic acid […].” (p. 20, lines 5-6). And that: “In some embodiments, the NNT inhibitor is usnic acid […].” (p. 20, line 9). The instant Specification is further objected to because of the contradictory disclosure that: “A number of MFN2 activators are known in the art and suitable for use in the present methods and compositions, including small molecules such as […] 6-Phenylhexanamide derivatives […] including derivatives of (trans-4-hydroxycyclohexyl )-6-phenylhexanamide such as N-( 4-hydroxycyclohexyl)-6-phenylhexanamide (MiM111) […]” (p. 20, lines 17-18 & 20-23). And that: “In some embodiments, the MFN2 inhibitor is MiM111 .” (p. 21, line 8). Appropriate correction is required. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-5, 7, 21-22 are rejected under 35 U.S.C. 102( a)(1 ) as being clearly anticipated by KIM (WO 2010053340 A1; published May 2010; Machine Translation attached, and relied on as indicated) . Applicant Claims Applicant claims a method of decreasing pigmentation in the skin, hair, and/or eye of a subject, said method comprising administering to the skin, hair and/or eye of a subject an effective amount of a composition comprising a nicotinamide nucleotide transhydrogenase (NNT) activator and/or a Mitofusin 2 (MFN2) activator (instant claim 1). Applicant has elected the following species: (a) a species of a nicotinamide nucleotide transhydrogenase (NNT) is usnic acid, and a Mitofusin 2 (MFN2) activator is N-(4-hydroxycyclohexyl)-6-phenylhexanamide. Disclosure of the Prior Art KIM discloses Skin-Whitening Composition (title) and particularly that: “The present invention relates to a skin-whitening cosmetic containing a compound having an activity which inhibits melanin production. A characterising feature of the skin-whitening cosmetic of the present invention is that it contains at least one active component selected from the group comprising cyclovirobuxine D, osthole, anomalin, esculin, cardamonin, usnic acid , oridonin, schizandrin B, curcumol, mollugin, wogonin, dihydromollugin and mixtures thereof. The compounds of the present invention inhibit the production of melanin and have an outstanding effect in hindering pigment deposition. Consequently, a composition such as a cosmetic containing one or more of these compounds as an active component can be used very effectively in skin whitening such as in improving liver spots and freckles.” (abstract)(instant claims 1-5, 21-22). KIM discloses the chemical structure for usnic acid on page 3, ([17]-[18]). The English language Machine Translation discloses that: “The compounds of Formulas 1 to 12 mentioned above may be easily purchased on the market, or each may be used alone or in combination of two or more kinds thereof, such as skin, lotion, cream, foundation, essence, gel, pack, foam cleansing, soap etc. An effective amount may be added to various compositions such as ointments to exhibit skin lightening effects.” (p. 3 of 7, last paragraph)(instant claim 7). And that: “As shown in Table 1, the compounds of Formulas 1 to 12 showed excellent melanin production inhibitory activity even at low concentrations against melanoma cells of cultured rats, compared with arbutin, a whitening substance known in the art, and cytotoxicity Did not appear. This indicates that the present invention can be very useful for improving blemishes and freckles and skin whitening.” (p. 4 of 7, 4 th paragraph). And that: “Forty healthy men and women were selected and covered with aluminum foil in two rows of six holes with a diameter of 7 mm in the lower part of both arms, and 60 mJ with a ORIEL Solar Simulator 1000W at a distance of 10 cm from the arm. The amount of light of / cm 2 was investigated. The bases prepared according to Preparation Examples 1-12 and Comparative Example 1 were applied twice a day twice a day from 3 days before irradiation to 3 weeks after irradiation. For each, the degree of pigmentation of the preparation example and the comparative example was visually determined, and the degree of inhibition of pigmentation in the preparation example compared to the comparative example was evaluated in two steps: effective and no difference.” (p. 5 of 7, 2 nd paragraph). And further that: “As can be seen from the results of Table 4, the external application ointment of Preparation Examples 1 to 12 showed a whitening effect on at least 12 of 20 subjects, and showed no side effects in the skin and was safe and improved freckles and freckles. It can be seen that the skin whitening agent has an excellent effect on.” (p. 5 of 7, 4 th paragraph). Regarding instant claims 3 and 21, ephelis (claim 21, item (i)) is freckles, and lentigo senilis (claim 21, item (i)) is also know as liver spots, both localized skin disorders (instant claim 3). – KIM disclosing “Consequently, a composition such as a cosmetic containing one or more of these compounds as an active component can be used very effectively in skin whitening such as in improving liver spots and freckles.” including usnic acid. Additionally liver spots (lentigo senilis) are considered a UVB and/or UVA-induced pigmentation in the skin (instant claim 4) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim 1-5, 7-8, 21 and 22 are is rejected under 35 U.S.C. 103 as being unpatentable over KIM (WO 2010053340 A2; published May, 2010; Machine Translation attached, and relied on as indicated) in view of WENG (US 2015/0182570; published July, 2015) . Applicants Claims Applicant claims a method of decreasing pigmentation in the skin, hair, and/or eye of a subject, as discussed above. Determination of the scope and content of the prior art (MPEP 2141.01) KIM discloses compositions/methods for skin whitening including usnic acid, as discussed above and incorporated herein by reference. Ascertainment of the difference between the prior art and the claims (MPEP 2141.02) The difference between the rejected claims and the teachings of KIM is that KIM does not expressly teach the inclusion of DMSO (instant claim 8). WENG teaches compositions for wound healing and/or skin whitening (title, see whole document) including a pharmaceutically acceptable carrier such as dimethyl sulfoxide (DMSO)([0010], claim 2)(instant claim 7). Finding of prima facie obviousness Rationale and Motivation (MPEP 2142-2143) It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to produce a method of decreasing pigmentation in the skin (i.e. skin-whitening) by administering an effective amount of usnic acid, as suggested by KIM, and further to include a pharmaceutically acceptable solvent such as DMSO, as suggested by WENG. One skilled in the art would have been motivated to combine usnic acid and DMSO because it is generally considered to be prima facie obvious to combine compositions, each of which is taught by the prior art to be useful for the same purpose, in order to form a composition that is to be used for an identical purpose. The motivation for combining them flows from their having been used individually in the prior art, and from the being recognized in the prior art as useful for the same purpose. As shown by the recited teachings, instant claims are no more than the combination of conventional components of skin whitening compositions. It therefore follows that the instant claims define prima facie obvious subject matter. Cf. In re Kerkhoven , 626 F.2d 848, 205 USPQ 1069 (CCPA 1980). From the 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 would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, as evidenced by the references, especially in the absence of evidence to the contrary. 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 . 07-21-aia AIA Claims 1- 4, 6-8, 21, and 23-25 are re jected under 35 U.S.C. 103 as being unpatentable over MO RARIU (7,776,915; published August, 2010) in view of DORN (WO 2020/159797 A1 1 ; published August, 2020) and Sreedhar et al. (“Mitochondria in skin health, aging, and disease,” Cell Death and Disease, Vol. 11, article 444, pp. 1-14). Ap plicants Claims Applicant claims a method of decreasing pigmentation in the skin, hair, and/or eye of a subject, said method comprising administering to the skin, hair and/or eye of a subject an effective amount of a composition comprising a nicotinamide nucleotide transhydrogenase (NNT) activator and/or a Mitofusin 2 (MFN2) activator (instant claim 1). Applicant has elected the following species: (a) a species of a nicotinamide nucleotide transhydrogenase (NNT) is usnic acid, and a Mitofusin 2 (MFN2) activator is N-(4-hydroxycyclohexyl)-6-phenylhexanamide. Determination of the scope and content of the prior art (MPEP 2141.01) MORARIU teaches topical formulations and methods of use (title, see whole document) particularly that: “A topical composition comprising a lipoic acid, a carnitine, and a carnosine in a suitable vehicle for topical application and a method for treating skin is provided. The present compositions are useful in improving the appearance of aged skin characterized by wrinkles and loss of elasticity.” (abstract). MORARIU teaches that: “As skin ages, there is an increase in oxidative stress, an increase in inflammation, a decrease in collagen levels, over expression of the enzyme MMP, an increase in protein glycation, and an increase in mitochondrial decay. Additional aging processes include the intrinsic rate of proton leakage across the inner mitochondrial membrane, decreased membrane fluidity, and decreased levels and function of cardiolipin. The mitochondria, which create the energy the cells need by converting dietary and other cellular fuels into ATP, are adversely affected by these aging processes. It has been shown that oxidants generated by mitochondria are the major source of the oxidative lesions in the mitochondria that accumulate with age.” (col. 1, lines 45-58). MORARIU teaches that: “It is an object of the present invention to provide a method and composition for treating and protecting the skin.” (col. 2, lines 59-60). And that: “Treating skin comprises treating skin damage and the signs of aging of the skin. The skin damage may be due to chronoaging or photoaging, and includes, for example, wrinkles, sagging skin, and decreased elasticity. Treating skin may also provide treatment of hyperpigmentation. One topical composition comprises R-lipoic acid and/or R-dihydrolipidic acid, acetyl-l-carnitine, carnosine, and a dermatologically acceptable carrier. Another embodiment of the invention provides a method for reducing mitochondrial decay in skin cells, comprising administering a topical composition to the skin, containing a lipoic acid, a carnitine, and a carnosine, or the dermatologically acceptable salt of any of these components in an amount effective to treat skin.” (col. 2, lines 66-67; col. 3, lines 1-11). MORARIU teaches that their compositions include collagen enhancing agents including echinacoside (col. 23, last paragraph; particularly line 57-58). And “Mitochondrial Resuscitants […] may also be added to the lipoic acid, carnosine, and carnitine formulation. Mitochondrial decay in aging is a major driving force behind the aging process. […] The mitochondria are the powerhouses of the cell responsible for producing all cellular energy and convert carbohydrates and fatty acids into ATP. ATP is necessary for the production of proteins, which declines with aging ( e.g., collagen and elastin).” (col. 24, lines 20-31). MORARIU teaches that “Depigmenting agents may be added as an additional agent in the present invention.” (col. 3, 2 nd paragraph; col. 33, lines 28-29). MORARIU teaches that: “According to the invention, the formulations are administered transdermally (topically).” (col. 37, lines 31-32)(instant claim 1 “administering to the skin”). And that: “Many such compositions are known in the art, and can take the form of creams, gels, ointments, hydrogels, pastes or plasters, and liquid dosage forms, such as solutions, emulsions, in particular oil-in-water emulsions, suspensions, for example lotions etc., or even solid sticks.” (instant claim 7). Regarding the disease to be treated MORARIU clearly teaches treating chronoaging or photoaging (col. 3, lines 66-67; col. 3, lines 1-3) which is taught to encompass “pigmentary changes (lentigines, freckles, and areas of hypo- and hyper-pigmentation)” (col. 1, paragraphs 2-3). Which implies topical application after exposure to UVB and/or UVA exposure (instant claim 7)(MPEP §2144.01). The examiner notes that ephelis (claim 21, item (i)) is freckles, and lentigo (syn. lentigines)(claim 21, item (i)), both localized skin disorders associated with aging (instant claim 3). Ascertainment of the difference between the prior art and the claims (MPEP 2141.02) The difference between the rejected claims and the teachings of MORARIU is that MORARIU does not expressly teach the inclusion of the Mitofusin 2 (MFN2) activator N-(4-hydroxycyclohexyl)-6-phenylhexanamide (instant claims 1, 6 and 23-25); or the inclusion of DMSO instant claim 8. DORN teaches trans-4-hydroxycyclohexyl phenyl amide mitofusin activators and methods of use thereof (title, see whole document), and particularly “Compounds and compositions including stereoisomers of 6-phenylhexanamide derivative small molecule mitofusin activators are described. In particular, mitofusin activators comprising derivatives of (trans-4-hydroxylcyclohexyl)-6-phenylhexanamide, which are useful for treating diseases or disorders associated with a mitochondria-associated disease, disorder, or condition such as diseases or disorders associated with mitofusin-l (MFNI) and/or mitofusin-2 (MFN2), or mitochondrial dysfunction, are described. Methods of treatment and pharmaceutical formulations are also described.” (abstract). DORN teaches that: “In some aspects, the active trans-4-hydroxycyclohexyl stereoisomer of mitofusin activators: target mitofusin-1 (MFN1) or mitofusin-2 (MFN2); increase mitochondrial elongation by enhancing mitochondrial fusion; enhance mitochondrial function measured as inner membrane electrochemical polarization; enhance mitochondrial transport in nerve axons; correct cell and organ dysfunction caused by primary or secondary mitochondrial abnormalities; reverse mitochondrial defects (e.g., dysmorphometry, clustering, loss of polarization, loss of motility); restore, activate, regulate, modulate, promote, or enhance the fusion, function, tethering, transport, trafficking (e.g., axonal mitochondrial trafficking), mobility, or movement of mitochondria (in, optionally, a nerve or a neuron); enhance mitochondrial elongation or mitochondrial aspect ratio; disrupt intramolecular restraints in MFN2; allosterically activate MFN2; and repair morphological and functional defects in diseased or damaged neurons with mitochondrial abnormalities.” (p. 3, [0010]). DORN teaches that: “Yet another aspect of the present disclosure provides for a method of treating a mitochondria-associated disease, disorder, or condition in a subject , the method comprising administering to the subject a therapeutically effective amount of a mitofusin activator .” [emphasis added](p 6, [0018])(instant claim 1, an effective amount of a composition comprising […] a Mitofusin 2 (MFN2) activator.”). DORN teaches that: “In some aspects of the disclosure, in the method of treating a disease for which a mitofusin activator is indicated, the composition may further comprise a pharmaceutically acceptable excipient.” (p. 18, [0054]). And that: “Examples of solvents that form pharmaceutically acceptable solvates include, but are not limited to […] DMSO […].” (p. 24, [0078])(instant claim 8). DORN teaches that: “A formulation should suit the desired mode of administration. The agents of use with the current disclosure may be formulated by known methods for administration to a subject using several routes including, but not limited to […] topical […].” (p. 38, [0112]). DORN teaches that: “Also provided herein is a process of treating a mitochondria associated disease, disorder, or condition in a subject in need of administration of a therapeutically effective amount of a trans-4-hydroxycyclohexyl derivative mitofusin activator to prevent or treat a mitochondria-associated disease, disorder, or condition.” (p. 39, [0116]). DORN teaches the trans-4-hydroxycyclohexyl derivative includes the species N-(cis-4-Hydroxycyclohexyl)-6-phenylhexanamide (Example 1, p. 50, [0152])(instant claims 23-25). Sreedhar et al. teaches mitochondria in skin health, aging, and disease (title, see whole document), particularly that: “The skin is a high turnover organ, and its constant renewal depends on the rapid proliferation of its progenitor cells. The energy requirement for these metabolically active cells is met by mitochondrial respiration, an ATP generating process driven by a series of protein complexes collectively known as the electron transport chain (ETC) that is located on the inner membrane of the mitochondria. However, reactive oxygen species (ROS) like superoxide, singlet oxygen, peroxides are inevitably produced during respiration and disrupt macromolecular and cellular structures if not quenched by the antioxidant system. The oxidative damage caused by mitochondrial ROS production has been established as the molecular basis of multiple pathophysiological conditions, including aging and cancer. Not surprisingly, the mitochondria are the primary organelle affected during chronological and UV-induced skin aging, the phenotypic manifestations of which are the direct consequence of mitochondrial dysfunction. Also, deletions and other aberrations in the mitochondrial DNA (mtDNA) are frequent in photo-aged skin and skin cancer lesions. Recent studies have revealed a more innate role of the mitochondria in maintaining skin homeostasis and pigmentation, which are affected when the essential mitochondrial functions are impaired. Some common and rare skin disorders have a mitochondrial involvement and include dermal manifestations of primary mitochondrial diseases as well as congenital skin diseases caused by damaged mitochondria. With studies increasingly supporting the close association between mitochondria and skin health, its therapeutic targeting in the skin—either via an ATP production boost or free radical scavenging—has gained attention from clinicians and aestheticians alike. Numerous bioactive compounds have been identified that improve mitochondrial functions and have proved effective against aged and diseased skin. In this review, we discuss the essential role of mitochondria in regulating normal and abnormal skin physiology and the possibility of targeting this organelle in various skin disorders.” (abstract). Sreedhar et al. teaches the “Mitochondrial role in skin aging” (p. 4, col. 2), including “Chronological skin aging” and “Photo-aging” (p. 6, col. 1). Sreedhar et al. teaches that: “While chronological aging is associated with a 10–20% decrease in melanin production per decade, chronic UV exposure increases the amount of this photo-protective pigment, resulting in the typical “mottled” appearance of photo-aged skin. Melanocytes are highly susceptible to oxidative damage since melanogenesis is pro-oxidative and have higher basal levels of ROS compared to other cell types. Melanocytes from UV-exposed skin show an increase in ROS and melanin levels compared to the cells isolated from normal skin. While endogenous melanin is known to protect melanocytes from photo-oxidative damage by absorbing the UV rays, chronic UV exposure can lead to melanin oxidation, which in turn increases ROS levels and further aggravates the oxidative damage.” (p. 6, col. 2, last paragraph through p. 7, col. 1, 1 st paragraph). Sreedhar et al. teaches that: “Taken together, bioactive compounds targeting the mitochondria have proved effective against age-related as well as UV-induced skin damage, in addition to different skin diseases with mitochondrial involvement.” (p. 11, col. 1, 1 st paragraph). Finding of prima facie obviousness Rationale and Motivation (MPEP 2142-2143) It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to produce a method of treating and protecting the skin including damage and the signs of aging of the skin due to chronoaging or photoaging, and treating skin may also provide treatment of hyperpigmentation, as suggested by MORARIU, and further to include a mitochondrial resusitant, as suggested by MORARIU, such the mitochondrial disease treating compositions of DORN, as skin health, aging and disease are associated with mitochondrial damage, as suggested by Sreedhar et al., and particularly chronological and photoaging. From the 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 would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, as evidenced by the references, especially in the absence of evidence to the contrary. 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 . 07-22-aia AIA Claim s 1, 5 and 22, are rejected under 35 U.S.C. 103 as being unpatentable over MORARIU in view of DORN and Sreedhar et al . as applied to claim s 1-4, 6-8, 21, and 23-25 above, and further in view of KIM (WO 2010053340 A1; published May, 2010; Machine Translation attached, and relied on as indicated) . Applicants Claims Applicant claims a method of decreasing pigmentation in the skin, hair, and/or eye of a subject, said method comprising administering to the skin, hair and/or eye of a subject an effective amount of a composition comprising a nicotinamide nucleotide transhydrogenase (NNT) activator and/or a Mitofusin 2 (MFN2) activator (instant claim 1). Applicant has elected the following species: (a) a species of a nicotinamide nucleotide transhydrogenase (NNT) is usnic acid, and a Mitofusin 2 (MFN2) activator is N-(4-hydroxycyclohexyl)-6-phenylhexanamide. Determination of the scope and content of the prior art (MPEP 2141.01) MORARIU teaches topical formulations and methods of use, as discussed above and incorporated herein by reference. And particularly MORARIU teaches that “Depigmenting agents may be added as an additional agent in the present invention.” (col. 3, 2 nd paragraph; col. 33, lines 28-29). DORN teaches trans-4-hydroxycyclohexyl phenyl amide mitofusin activators and methods of use thereof, as discussed above and incorporated herein by reference. Sreedhar et al. teaches mitochondria in skin health, aging, and disease, as discussed above and incorporated herein by reference. Ascertainment of the difference between the prior art and the claims (MPEP 2141.02) The difference between the rejected claims and the teachings of MORARIU et al. is that MORARIU et al. do not teach including the depigmenting (whitening) agent usnic acid. KIM discloses compositions/methods for skin whitening including usnic acid, as discussed above and incorporated herein by reference. Finding of prima facie obviousness Rationale and Motivation (MPEP 2142-2143) It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to produce a method of treating and protecting the skin including damage and the signs of aging of the skin due to chronoaging or photoaging, and treating skin may also provide treatment of hyperpigmentation, as suggested by MORARIU, and further to include a mitochondrial resusitant, as suggested by MORARIU, such the mitochondrial disease treating compositions of DORN, as skin health, aging and disease are associated with mitochondrial damage, as suggested by Sreedhar et al., and particularly chronological and photoaging, the composition further including a depigmenting agent, as suggested by MORARIU, including usnic acid, as disclosed by KIM. From the 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 would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, as evidenced by the references, especially in the absence of evidence to the contrary. 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. Conclusion Claims 1-8 and 21-25 are pending and have been examined on the merits. The instant Specification is objected to (abstract, and contradictory disclosure). Claims 1-5, 7, 21-22 are rejected under 35 U.S.C. 102(a)(1); and claims 1-8, 21-25 are rejected under 35 U.S.C. 103. No claims allowed at this time. Any inquiry concerning this communication or earlier communications from the examiner should be directed to IVAN A GREENE whose telephone number is (571)270-5868. The examiner can normally be reached M-F, 8-5 PM PST. 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, David Blanchard can be reached on (571) 272-0827. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /IVAN A GREENE/Examiner, Art Unit 1619 /TIGABU KASSA/Primary Examiner, Art Unit 1619 Application/Control Number: 18/576,696 Page 2 Art Unit: 1619 Application/Control Number: 18/576,696 Page 3 Art Unit: 1619 Application/Control Number: 18/576,696 Page 4 Art Unit: 1619 Application/Control Number: 18/576,696 Page 5 Art Unit: 1619 Application/Control Number: 18/576,696 Page 6 Art Unit: 1619 Application/Control Number: 18/576,696 Page 7 Art Unit: 1619 Application/Control Number: 18/576,696 Page 8 Art Unit: 1619 Application/Control Number: 18/576,696 Page 9 Art Unit: 1619 Application/Control Number: 18/576,696 Page 10 Art Unit: 1619 Application/Control Number: 18/576,696 Page 11 Art Unit: 1619 Application/Control Number: 18/576,696 Page 12 Art Unit: 1619 Application/Control Number: 18/576,696 Page 13 Art Unit: 1619 Application/Control Number: 18/576,696 Page 14 Art Unit: 1619 Application/Control Number: 18/576,696 Page 15 Art Unit: 1619 Application/Control Number: 18/576,696 Page 16 Art Unit: 1619 Application/Control Number: 18/576,696 Page 17 Art Unit: 1619 Application/Control Number: 18/576,696 Page 18 Art Unit: 1619 Application/Control Number: 18/576,696 Page 19 Art Unit: 1619 Application/Control Number: 18/576,696 Page 20 Art Unit: 1619 Application/Control Number: 18/576,696 Page 21 Art Unit: 1619 Application/Control Number: 18/576,696 Page 22 Art Unit: 1619 Application/Control Number: 18/576,696 Page 23 Art Unit: 1619 Application/Control Number: 18/576,696 Page 24 Art Unit: 1619 Application/Control Number: 18/576,696 Page 25 Art Unit: 1619 1 Of record as cited on Applicant’s IDS dated 05/15/2024, Patent Document citation no. 9.
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