Claims 1-24 are pending in this application.
DETAILED ACTION
Notice of Pre-AIA or AIA Status
1 The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2 This action is responsive to the applicant’s election received by the office on January 02, 2026. Election of claims 1-6 is acknowledged. Claims 7-24 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention. Therefore, claims 1-6 are pending in this application.
Claim Rejections - 35 USC § 112
3 The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation “measured as described herein”. This limitation makes the claim indefinite because it is unclear what kind of measurement is used or described in the claim? The claimed specification does not provide any guidance.
The examiner suggests the amendment of claim 6 by deleting the limitation “measured as described herein” to make the claim in a proper and definite form.
Claim Rejections - 35 USC § 102
4 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.
5 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)(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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)1 as being anticipated by Allef et al. (US 2014/0349902 A1).
Allef et al. (US’ 902 A1) teaches aqueous hair and skin cleaning composition comprising solphorolipid (surfactant), Cocamidopropyl Betaine and sodium Lauryl sulfate (anionic surfactant) (see page 18, Table 84, Example XX), Allef et al. (US’ 902 A1) teaches a hair and skin cleaning composition same to those claimed, which inherently, should have same property of improving the mildness to the skin by reducing the amount of zein protein solubilised by the composition as claimed in claims 1 and 6, and wherein the composition does not comprise anionic surfactants of glycinate or sulphosuccinate as claimed in claim 2 (see page 18, Table 84, Example XX) and wherein the composition also comprises additional hair and skin care ingredients as claimed in claims 3-5 (see page 18, Table 84, Example XX). Allef et al. (US’ 902 A1) teaches all the limitations of the instant claims. Hence, Allef et al. (US’ 902 A1) anticipates the claims.
6 Claims 1 and 3-6 are rejected under 35 U.S.C. 102(a)1 as being anticipated by Cox et al. (US 2013/0040869 A1).
Cox et al. (US’ 869 A1) teaches a mild to the skin foaming personal wash, shower gel or shampoo composition comprising sophorolipid biosurfactant, anionic surfactant and foam boosting surfactants include olivamildopropyl betaines as claimed in claims 1, 3 and 6 (see claims 1 and 5), wherein the composition further comprises a non-volatile, water-insoluble silicones to provide hair or skin conditioning benefits as claimed in claims 4 and 5 (see page 3, paragraph, 0043). Cox et al. (US’ 869 A1) teaches mild to the skin detergent composition same to those claimed, which inherently should have same property of improving the mildness to skin of the composition by reducing the amount of zein protein solubilized by the composition as claimed in claims 1 and 6. Cox et al. (US’ 869 A1) teaches all the limitations of the instant claims. Hence, Cox et al. (US’ 869 A1) anticipates the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EISA B ELHILO whose telephone number is (571)272-1315. The examiner can normally be reached Monday-Friday, 7:00 AM to 3:30 PM.
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/EISA B ELHILO/Primary Examiner, Art Unit 1761