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 .
Claim Rejections - 35 USC § 102
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 –
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ito et al (WO 2020004182).
With regards to claims 1, 8, and 11-12, Ito teaches a fragrance composition and a method for evaluating the fragrance (0004) that includes skin temperature because the skin temperature changes depending on the blood flow circulating within the skin tissue which is regulated by the contraction and dilation of vascular smooth muscle (0019) and further teaches that the skin temperature of the subject was lowered after inhaling the perfume ingredient (0040).
With regards to claim 2, Ito teaches the composition to include 2,2,6-trimethylcyclohexanecarboxylate ethyl (0009).
With regards to claim 3, Ito teaches the composition contain isopulegol (claimed A1) at a concentration of 20 grams and hydroxycitronellal/citronellal (claimed A2) at a concentration of 170 grams (0039 table 1) reading on a ratio of A1/A2 of 0.1.
With regards to claim 4, Ito teaches the composition to contain vanillin (0029) and piperonal (0029).
With regards to claim 5, Ito teaches the composition to include vanillin and farnesole (0029) wherein the amount of the dihydrofarsanal to be 1 gram and the amount of vanillin compound to be 0.07 (0039) reading on a ratio of 0.07.
With regards to claims 6 and 7, Ito teaches the composition to include 1-(2,2,6-trimethylcyclohexyl)-3-hexanol (0009).
With regards to claim 9, Ito teaches the amount of the fragrance to be 0.000001-100% by mass (0032).
With regards to claim 10, Ito teaches the composition to be exposed to the subject (0037) and for the product made from said fragrance to include air care products (reading on not being applied to the skin or mouth) (0009).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references teach a fragrance composition that changes the sense of temperature but does not explicitly measure the skin temperature: Shoji et al (CN 1845983), Shoji et al (US 2006/0270587), Harvey et al (CA 2806439), Ishida et al (US 2009/0208427), Shoji et al (EP 1661973), Shoji et al (US 2010/0048686), Komatsuki et al (US 2011/0081393), Ishida et al (US 2012/0219512), Komatsuki et al (US 2013/0131169), Lombardo et al (US 2018/0030373), Warr et al (US 2021/0179969), Holland et al (EP 2799863), Aida et al (CN 101238203), and Okazaki et al (WO 2005/049773); the following references teach the change of skin temperature from exposure to a fragrance composition: Mori et al (US 2013/0149399), Satoh et al (2003, Analytical sciences, Vol 19, 139-146), Mori et al (US 2015/0072031), and Mori et al (WO 2011/152006).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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/JESSICA WHITELEY/Primary Examiner, Art Unit 1763
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