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 Status
Claims 1-20 are currently pending.
Claims 19-20 have been withdrawn.
Claims 1-18 are being examined in this application.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-18) in the reply filed on 1/29/26 is acknowledged.
Claims 19-20 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/29/26.
Priority
The instant application claims priority to a foreign application FRANCE 23 01653 (filed on 02/23/2023).
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in France on 2/23/23. It is noted, however, that applicant has not filed a certified copy of the FRANCE 23 01653 application as required by 37 CFR 1.55.
It is noted that an attempt by Office to electronical retrieve the foreign priority document under the priority document exchange program has failed. See the notification on 7/23/2024.
Information Disclosure Statement
The IDS filed on 6/27/24 has been considered. See the attached PTO 1449 form.
Claim Objections
Claims 8, 11 and 15 are objected to because of the following informalities:
Claim 8, the language “at least one third composition” maybe misleading. It is suggested to change to “at least a third composition…”
Claim 11, recites “<< first composition(s)/second compositions(s)>>” Appropriate correction is required. It is suggested that “<< … >>” should be removed from the claim.
Claim 15, It is suggested to change from “one first composition” to “…the first composition…” and change from “one second composition” to “...the second composition…” in line 2 of the claim. This will allow proper antecedent basis for the terms. Also it is suggested to change “one third composition” in line 4 to “a third composition.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 6, 10, 11, and 16 are 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 “(or partitioned)”. It is not clear if this is reciting an example of tessellated form or if this is another alternative shape.
Claim 10 recites “the first composition … comprise at least one aqueous phase”, however, claim 1 on which claim 10 is dependent on, recites the “first composition is a solid composition”. It is not clear how a solid composition can comprise an aqueous phase.
Claim 11 recites the ratio “between 0.01 and 10”, which lacks clarity. It is not clear if the recitation means 0.01 of first composition vs. 10 of second composition or does it mean 0.01 or first composition and 1 of the second composition to a ration of 10 (first composition) : 1 (second composition) (i.e. 0.01:1 to 10:1). Applicants are also cautioned against introducing new matter.
Claim 16 recites phrase “if” which renders the scope of the claim indefinite. It is not clear whether the elements “configuration of honeycomb type for the first composition” following the phrase “if” are part of the claimed invention.
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.
Kim evidenced by Hao et.al.
Claim(s) 1-6 and 10-18 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kim et.al. (US10925812 B2 published 02/23/2021 and effectively filed 01/17/2020) and evidenced by Hao et.al. (Determination of pore size in reticulated polyurethane foam through pressure drop analysis of forced monophasic gas flow, Chemical Engineering Research and Design, Volume 215, 2025, Pages 253-262, ISSN 0263-8762).
For claim 1
Claim 1 A product comprising at least one first composition and at least one second composition, wherein:
- the first composition is a solid composition comprising at least one cavity such that the first composition has porosity greater than or equal to 20 % by volume relative to the total volume of the first composition,
- the second composition is a liquid composition,
and wherein all or part of the second composition is housed in all or part of the cavities of the first composition.
Kim teaches cosmetic product comprising urethane foam (reads on first solid composition) impregnated with a liquid composition (reads on second liquid composition is housed in solid composition) and foam has 70 to 120 pores per inch (column 6, lines 51-53, 56-59; claims 1 and 16) and the 120 pores per inch corresponds to porosity of approximately 96% as evidenced by Hao (Table 1). The porosity of 96% taught by Kim anticipates the claimed porosity of the first composition as greater than or equal to 20%, in the instant claim.
For claim 2
Claim 2 The product according to claim 1, wherein the second composition has viscosity higher than or equal to 5000 cps.
Kim teaches the liquid composition has viscosity of 5000 to 15,000 cps (column 6, lines 63-65, claim 16) which anticipates the claimed viscosity of the second composition as higher than or equal to 5000 cps as recited in the instant claim 2.
For claim 3
Claim 3 The product according to claim 1 wherein the first composition has porosity greater than or equal to 30 % by volume, relative to the total volume of the first composition.
Kim teaches urethane foam (reads as first solid composition) has 70 to 120 pores per inch which reads as porosity of 70 to 120% (claim 1, 16). The porosity of 70 to 120% taught by Kim anticipates the claimed porosity of the first composition as greater than or equal to 30%, in the instant claim.
For claim 4
Claim 4 The product according to claim 1 wherein the cavity/cavities of the first composition are through cavities.
Kim teaches urethane foam may have open cell structure (Column 5, lines 9-10; column 6, lines 45-50) which reads on through cavities of the first composition in the instant claim 4.
For claim 5
Claim 5 The product according to claim 1 wherein the first composition comprises one or more cavities, which is/are the same or different.
Kim teaches foam has pores (Column 5, lines 31-43; Claims 1, 2, 16, and 18), which reads on cavities that are same or different as recited in the instant claim 5.
For claim 6
Claim 6 The product according to claim 1 wherein the cavity/cavities of the first composition are of round, oblong, ovoid, triangular, polygonal, honeycomb shape, or in tessellated form (or partitioned).
Kim teaches cosmetic product comprising urethane foam (reads on solid composition) impregnated with a liquid composition (reads on liquid composition is housed in solid composition) and the urethane foam has cavities of round shape (Pg.5, Figure.1), which reads on instant claim 6.
For claim 10
Claim 10 The product according to claim 1 wherein the first and/or second composition(s) further comprise at least one aqueous phase.
Kim teaches cosmetic composition to be impregnated in the urethane foam includes a liquid cosmetic composition which can be can be oil-in-water emulsion (column 6, lines 51-61) which reads on second composition comprising aqueous phase as recited in the instant claim.
For claim 11
Claim 11 The product according to claim 1 wherein the product has a weight ratio of « first composition(s) / second composition(s) » of between 0.01 and 10.
Kim teaches in its examples 1 and 3, urethane foam is formed in a circular shape having diameter of 48 mm, thickness of 10 mm (column 10, lines 41-49), and can be filled up with 15 gm of the same material (Column 9, last paragraph, lines 1-4; column 10, lines 41-49). Kim teaches the urethane foam has a density of 1-3 pounds per cubic foot (pcf) (claims 1 and 16) and is configured to release 0.3 g to 0.5 g of cosmetic liquid composition (claims 13 and 22). Examiner calculates weight of the urethane foam based on density of 1 pcf and the dimensions (48 mm diameter x 10 mm thickness) to be 0.28975 g. Examiner calculates weight ratio of urethane foam (reads as first solid composition) and cosmetic liquid composition (reads as second liquid composition) as 0.97:1 for 0.5 g of cosmetic liquid composition. Instant claim 11 is given broadest reasonable interpretation that the weight ratio of first composition to second composition is a range of 0.01:1 to 10:1. In the light of the broadest reasonable interpretation, the calculated ratio of 0.97:1 anticipates the genus of claimed weight ratio range of 0.01:1 to 10:1 in the instant claim 11.
For claim 12
Claim 12 The product according to claim 1 wherein the product is a cosmetic, pharmaceutical, nutraceutical or food product.
Kim teaches cosmetic product comprising solid composition (urethane foam) impregnated with second liquid cosmetic composition (claims 1-22).
For claim 13
Claim 13 The product according to claim 1 wherein the product is a cosmetic product dedicated to the care and/or makeup of a keratin material.
Kim teaches liquid cosmetic composition in the cosmetic product can make-up base or lipstick (claim 8) which reads on product dedicated to care of keratin material.
For claim 14
Claim 14 The product according to claim 1 wherein the product is a topical or oral product.
Kim teaches liquid cosmetic composition in the cosmetic product can make-up base or lipstick (claim 8) which reads on topical product.
For claim 15
Claim 15 A kit comprising:
-at least one first composition and at least one second composition according to claim 1;
- optionally at least one third composition dedicated to closing all or part of the cavities of the first composition; and
- optionally, at least one container.
Kim teaches cosmetic container (reads as kit) comprises urethane foam (reads on solid composition) and liquid composition impregnated (reads as housed in the cavities) in the foam. (claims 1, 16).
For claim 16
Claim 16 The kit according to claim 15, wherein the first composition, if it has a configuration of honeycomb type, comprises a plurality of sections, each of the sections defining a fractionable perimeter allowing the separation of at least one section from the remainder of the first composition.
Kim teaches cosmetic product comprising urethane foam (reads on first solid composition) impregnated with a liquid composition (reads on second liquid composition is housed in solid composition) and foam has 70 to 120 pores per inch (column 6, lines 51-53, 56-59; claims 1 and 16). The claim language “…if it has configuration of honeycomb type …” in the instant claim 16 is interpreted with broadest reasonable interpretation as having configuration of honeycomb is optional and not required to be included in the claim. In the light of broadest reasonable interpretation, instant claim 16 is anticipated by Kim’s teachings.
For claim 17
Claim 17 The kit according to claim 15, wherein the kit further comprises application / administering means.
Kim teaches cosmetic tool disposed in the cosmetic container (reads as kit) separately for applying the liquid composition released from the foam (claim 1, 7, 14, 15, and 16).
For claim 18
Claim 18 The kit according to claim 15, wherein the kit further comprises at least one application means onto keratin material chosen from the group formed by spatulas, various brushes, puffs or sponges.
Kim teaches that to use claimed invention, it is necessary to use a cosmetic applicator such as puffs (Column 4, lines 34-43).
Lee
Claim(s) 1-3, 5, and 10 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Lee (WO2021242838A1 published 12/2/2021 and effectively filed 05/26/2021 or earlier).
For claim 1
Claim 1 A product comprising at least one first composition and at least one second composition, wherein:
- the first composition is a solid composition comprising at least one cavity such that the first composition has porosity greater than or equal to 20 % by volume relative to the total volume of the first composition,
- the second composition is a liquid composition,
and wherein all or part of the second composition is housed in all or part of the cavities of the first composition.
Lee teaches personal care product comprising flexible capsule (reads on solid composition) encapsulating a personal care product which can be liquid or gel (reads on liquid composition) in the core (reads on being housed within the cavity of solid composition) ([006], lines 1-6; [009], [015], lines 1-12; claim 26, 29, 30, 35. Lee teaches cross-sectional dimension of spherical first composition of 5 mm and the thickness of the sphere membrane of 0.1 mm which is calculated as approximately 88.6% porosity (claims 32-34).
For claim 2
Claim 2 The product according to claim 1, wherein the second composition has viscosity higher than or equal to 5000 cps.
Lee teaches personal care product (reads on second liquid composition) that can be liquid has viscosity of 100 to 4000 cps. ([022], lines 16-17, claim 6).
For claim 3
Claim 3 The product according to claim 1 wherein the first composition has porosity greater than or equal to 30 % by volume, relative to the total volume of the first composition.
Lee teaches cross-sectional dimension of spherical first composition can be 5 mm and the thickness of the sphere membrane can be 0.1 mm, which is calculated as approx. 88.6% porosity (claims 32-34). The calculated porosity anticipates the claimed range of porosity greater than or equal to 30% by volume relative to the total volume of the spherical first composition.
For claim 5
Claim 5 The product according to claim 1 wherein the first composition comprises one or more cavities, which is/are the same or different.
Lee teaches capsule has a membrane and a core (reads as first composition having a cavity) and personal care product is encapsulated in the core ([006], lines 1-6).
For claim 10
Claim 10 The product according to claim 1 wherein the first and/or second composition(s) further comprise at least one aqueous phase.
Lee teaches personal care compositions enclosed in the capsule may be hand soap which reads on aqueous phase ([005], lines 1-5; [009], lines 1-5; [015], lines 1-5; claim 30, 40).
Hee et.al. evidenced by Hao et.al.
Claim(s) 1-6, 8, and 10-18 are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Hee et.al. (KR102286122 B1 published 08/05/2021; machine translation is relied upon for rejection cited in PTO-892 03/25/2026) and evidenced by Hao et.al. (Determination of pore size in reticulated polyurethane foam through pressure drop analysis of forced monophasic gas flow, Chemical Engineering Research and Design, Volume 215, 2025, Pages 253-262, ISSN 0263-8762).
For claim 1
Claim 1 A product comprising at least one first composition and at least one second composition, wherein:
- the first composition is a solid composition comprising at least one cavity such that the first composition has porosity greater than or equal to 20 % by volume relative to the total volume of the first composition,
- the second composition is a liquid composition,
and wherein all or part of the second composition is housed in all or part of the cavities of the first composition.
Hee teaches liquid composition (reads on second liquid composition) impregnating porous material (reads on first solid composition) which can be porous sponge having through hole ([0001]; [0010]; [0016]; [0022]; claim 1). Hee teaches the sponge block can be foamed polyurethane ([0015]; claim 10). Hee teaches sponge block of foamed urethane can have 120 pores per inch (PPI) ([0011]; [0013]; claims 1, 12) which corresponds to porosity of approximately 96% as evidenced by Hao (Table 1). The porosity of the urethane foam of 96% taught by Hee anticipates claimed porosity of greater than or equal to 20% in the instant claim. Hee teaches sponge block having reticulated cell structure impregnated with a liquid cosmetic composition ([0001]; [0008]; [0010]; [0016]; claims 5, 6, 10, and 12) which reads as liquid composition is housed in the holes.
For claim 2
Claim 2 The product according to claim 1, wherein the second composition has viscosity higher than or equal to 5000 cps.
Hee teaches the viscosity of the cosmetic liquid composition can be 5000 to 40000 cps ([0025]).
For claim 3
Claim 3 The product according to claim 1 wherein the first composition has porosity greater than or equal to 30 % by volume, relative to the total volume of the first composition.
Hee teaches sponge block of foamed urethane can have 120 pores per inch (PPI) ([0011]; [0013]; claims 1, 12) which corresponds to porosity of approximately 96% as evidenced by Hao (Table 1). The porosity of the urethane foam of 96% taught by Hee anticipates claimed porosity of greater than or equal to 30% in the instant claim.
For claim 4
Claim 4 The product according to claim 1 wherein the cavity/cavities of the first composition are through cavities.
Hee teaches that porous sponge block has plurality of through holes which reads on through cavities ([0010]; claim 6).
For claim 5
Claim 5 The product according to claim 1 wherein the first composition comprises one or more cavities, which is/are the same or different.
Hee teaches that porous sponge block has plurality of through holes ([0010]; claim 6). Hee also teaches porous sponge block has a reticulated cell structure ([0010]; [0016]; [0028]; [0030]; claims 1, 12) which reads as cavities being different as recited in the instant claim.
For claim 6
Claim 6 The product according to claim 1 wherein the cavity/cavities of the first composition are of round, oblong, ovoid, triangular, polygonal, honeycomb shape, or in tessellated form (or partitioned).
Hee teaches the through holes can be of circular (reads on round shape) or rectangular shapes ([0034]).
For claim 8
Claim 8 The product according to claim 1 wherein the product further comprises at least one third composition dedicated to closing all or part of the cavities of the first composition.
Hee teaches the product comprising sponge block filled with cosmetic liquid composition (reads on second liquid composition), may include inner lid (reads on third composition) to prevent leakage of liquid composition from the sponge block ([0023]).
For claim 10
Claim 10 The product according to claim 1 wherein the first and/or second composition(s) further comprise at least one aqueous phase.
Hee teaches cosmetic liquid composition (reads on second liquid composition) can be oil-in-water emulsion ([0024]; [0025]). Oil-in-water emulsion reads as aqueous phase because water is the continuous phase surrounding oil droplets in such emulsions.
For claim 11
Claim 11 The product according to claim 1 wherein the product has a weight ratio of « first composition(s) / second composition(s) » of between 0.01 and 10.
Hee teaches polyurethane foam having diameter of 48 mm, thickness of 10 mm ([0051]), and can be filled up with 15 gm of the liquid cosmetic composition (reads as second composition) having viscosity of 26,500 cps ([0076]). Hee teaches the urethane foam has a density of 1-3 pounds per cubic foot (pcf) ([0011], [0032], claim 3). Examiner calculates weight of the urethane foam based on density of 1 pcf and the dimensions (48 mm diameter x 10 mm thickness) to be 0.28975 g. Examiner calculates weight ratio of urethane foam (reads as first solid composition) and cosmetic liquid composition (reads as second liquid composition) as 0.02:1 for 15 g of cosmetic liquid composition. Instant claim 11 is given broadest reasonable interpretation that the weight ratio of first composition to second composition is a range of 0.01:1 to 10:1. In the light of the broadest reasonable interpretation, the calculated ratio of 0.02:1 anticipates the genus of claimed weight ratio range of 0.01:1 to 10:1 in the instant claim 11.
For claim 12
Claim 12 The product according to claim 1 wherein the product is a cosmetic, pharmaceutical, nutraceutical or food product.
Hee teaches the sponge block impregnating or supporting liquid cosmetic composition and discharging cosmetic ([0008]; [0010]; claims 1, 3, 5-7, 10-12,16, and 17)
For claim 13
Claim 13 The product according to claim 1 wherein the product is a cosmetic product dedicated to the care and/or makeup of a keratin material.
Hee teaches liquid composition can be base makeup or sun cream ([0054]).
For claim 14
Claim 14 The product according to claim 1 wherein the product is a topical or oral product.
Hee teaches liquid composition can be base makeup or sun cream ([0054]) which reads on topical product.
For claim 15
Claim 15 A kit comprising:
-at least one first composition and at least one second composition according to claim 1;
- optionally at least one third composition dedicated to closing all or part of the cavities of the first composition; and
- optionally, at least one container.
Hee teaches cosmetic container (reads as kit) comprises sponge block which is urethane foam (reads on solid composition) and liquid cosmetic composition impregnated in the reticulated cell structure (reads as housed in the cavities) of the sponge block (claim 12).
For claim 16
Claim 16 The kit according to claim 15, wherein the first composition, if it has a configuration of honeycomb type, comprises a plurality of sections, each of the sections defining a fractionable perimeter allowing the separation of at least one section from the remainder of the first composition.
Hee teaches first composition is porous sponge block having plurality of through holes ([0010]; claim 6). The claim language “…if it has configuration of honeycomb type …” in the instant claim 16 is interpreted with broadest reasonable interpretation as having configuration of honeycomb is optional and not required to be included in the claim. In the light of broadest reasonable interpretation, instant claim 16 is anticipated by Hee’s teachings.
Claim 17 The kit according to claim 15, wherein the kit further comprises application / administering means.
Claim 18 The kit according to claim 15, wherein the kit further comprises at least one application means onto keratin material chosen from the group formed by spatulas, various brushes, puffs or sponges.
Hee teaches a cosmetic container (reads as a kit) comprising a sponge block (reads as first solid cosmetic composition) and a liquid cosmetic composition (reads on second liquid cosmetic composition) impregnated in the foam block. Hee further teaches administering the cosmetic composition using puff ([0045], line 1; [0076], line 3; [0078], line 3) which reads on instant claims 17 and 18.
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.
Kim et.al. evidenced by Hao et.al.
Claim(s) 1-6, 7, and 10-18 is/are rejected under 35 U.S.C. 103 as being unpatentable by Kim et.al. (US10925812 B2 published 02/23/2021 and effectively filed 01/17/2020) and evidenced by Hao et.al. (Determination of pore size in reticulated polyurethane foam through pressure drop analysis of forced monophasic gas flow, Chemical Engineering Research and Design, Volume 215, 2025, Pages 253-262, ISSN 0263-8762).
Kim teaches cosmetic product comprising urethane foam (reads on first solid composition) impregnated with a liquid composition (reads on second liquid composition is housed in solid composition), throughout the reference, as discussed above.
For claim 7
Claim 7 The product according to claim 1 wherein the ratio between the volume of the cavity/cavities and the total volume of the first composition is between 0.2 and 0.9.
Kim teaches urethane foam is circular shape having diameter of 48 mm and thickness of 10 mm (Column 10, lines 44-46). Kim also teaches urethane foam (reads as first solid composition) has 70 to 120 pores per inch (Claims 1 and 16). The porosity of foam with 120 pores per inch corresponds to porosity of approximately 96% as evidenced by Hao (Table 1). The volume of the urethane foam is calculated to be 18.1 cm3 based on the diameter (48 mm) and the thickness (10 mm). Examiner calculates volume of open space to be 17.37 cm3 (volume of cavities = volume of foam x 0.96) when the porosity of urethane foam is 96%. Examiner calculates ratio of volume of cavities to total volume of first composition (urethane foam) as 17.37 (volume of cavities)/18.1(total volume of foam) = 0.96 which is prima facie obvious over the claimed ratio range of 0.2 to 0.9 in the instant claim 7. (MPEP 2144.05 (II)(A)).
Kim et al, does not explicit teach the ratio of cavities to total volume of the foam is within 0.2-0.9.
However, the Kim reference teaches urethane foam with various densities are known in the art, for example, Table 4 lists foams with density as high as 6.6 pcf, which would calculate to be 91% cavity volume ratio.
It would have been obvious for a person of ordinary skills in the art to optimize the porosity of the polyurethane foam through routine optimization and arrive at the claimed invention. A skilled artisan would have been motivated to optimize porosity of the polyurethane foam to support the desired second liquid composition and to dispense or administer the desired amount of the liquid composition.
A person of ordinary skills in the art would have reasonable expectation of success of optimizing porosity of the polyurethane foam because Kim teaches it is routine to generate foam with desired porosity for various purposes.
Kim et.al. evidenced by Hao et.al. and Elodie et.al.
Claim(s) 1-7, 9, and 10-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US10925812 B2 published 02/23/2021 and effectively filed 01/17/2020) and evidenced by Hao et.al. (Determination of pore size in reticulated polyurethane foam through pressure drop analysis of forced monophasic gas flow, Chemical Engineering Research and Design, Volume 215, 2025, Pages 253-262, ISSN 0263-8762) as applied to claims 1-7 and 10-18 above, and further in view of Elodie et.al. (US10238584B2 published 03/26/2019 and effectively filed 02/25/2014).
Kim teaches cosmetic product comprising urethane foam (reads on first solid composition) impregnated with a liquid composition (reads on second liquid composition is housed in solid composition), throughout the reference, as discussed above.
Kim does not teach first and/or second composition(s) comprise at least one lipophilic gelling agent.
Elodie teaches cosmetic composition for making up and caring for keratin materials, comprising aqueous phase gelled with at least one synthetic polymeric hydrophilic gelling agent and at least one oily phase gelled with at least one lipophilic gelling agent (Abstract, column 2, lines 16-23). Elodie teaches using emulsions comprising aqueous phase and oily phase, for freshness and comfort (column 1, lines 11-13). Elodie also teaches that use of emulsion of lipophilic gelling agent and hydrophilic gelling agent, has large number of technical performance qualities (column 2, lines 16-23)
It would have been prima facie obvious for a person of ordinary skills in the art before effective filing date of the claimed invention to use emulsion comprising hydrophilic and lipophilic gelling agents as taught by Elodie in the liquid cosmetic composition taught by Kim and arrive at the claimed invention because of advantages such as large number of technical performance qualities of gelling agents taught by Elodie.
A person of ordinary skill in the art would have reasonable expectation of success of achieving such modifications since Elodie have demonstrated that use of lipophilic gelling agent containing emulsion used in the making up keratin materials is routine and known in the art and Kim teaches porous urethane foam impregnated with the cosmetic liquid composition which can be oil-in-water type emulsion (Column 6, lines 56-61; claim 5).
Hee et.al. evidenced by Hao et.al.
Claim(s) 1-6, 7, 8, and 10-18 are rejected under 35 U.S.C. 103 as being unpatentable by Hee et.al. (KR102286122 B1 published 08/05/2021; machine translation is relied upon for rejection cited in PTO-892 03/25/2026) and evidenced by Hao et.al. (Determination of pore size in reticulated polyurethane foam through pressure drop analysis of forced monophasic gas flow, Chemical Engineering Research and Design, Volume 215, 2025, Pages 253-262, ISSN 0263-8762).
Hee teaches a product comprising porous foam block and a liquid cosmetic composition impregnated in the foam cavities, throughout the reference, as discussed above.
For claim 7
Claim 7 The product according to claim 1 wherein the ratio between the volume of the cavity/cavities and the total volume of the first composition is between 0.2 and 0.9.
Hee teaches a product comprising porous foam block and a liquid cosmetic composition impregnated in the foam cavities, throughout the reference.
Hee teaches sponge block of foamed polyurethane can have 70-120 pores per inch (PPI) ([0011]; [0013]; claims 1, 12) and 120 PPI corresponds to porosity of approximately 96% as evidenced by Hao (Table 1). Hee teaches polyurethane foam has thickness of 10 mm and the diameter of 48 mm ([0051]). The volume of the polyurethane foam is calculated to be 18.1 cm3 based on the diameter (48 mm) and the thickness (10 mm). Examiner calculates volume of open space to be 17.37 cm3, (volume of cavities = volume of foam x 0.96) when the porosity of polyurethane foam is 96%. Examiner calculates ratio of volume of cavities to total volume of polyurethane foam (first solid composition) as 17.37 (volume of cavities)/18.1(total volume of foam) = 0.96. The calculated volume ratio of 0.96 is prima facie obvious over the claimed ratio range of 0.2 to 0.9 in the instant claim 7. (MPEP 2144.05 (II)(A)).
It would have been obvious for a person of ordinary skills in the art to optimize the porosity of the polyurethane foam through routine optimization and arrive at the claimed invention. A skilled artisan would have been motivated to optimize porosity of the polyurethane foam to support the desired second liquid composition and to dispense or administer the desired amount of the liquid composition.
A person of ordinary skills in the art would have reasonable expectation of success of optimizing porosity of the polyurethane foam because Hee teaches that polyurethane foam is suitable for carrying a cosmetic composition and can have as low as 70 pores per inch of ([0025]; [0031]).
Hee et.al. evidenced by Hao et.al. and Elodie et.al.
Claim(s) 1-8, 9, and 10-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hee et.al. (KR102286122 B1 published 08/05/2021; machine translation is relied upon for rejection cited in PTO-892 03/25/2026) and evidenced by Hao et.al. (Determination of pore size in reticulated polyurethane foam through pressure drop analysis of forced monophasic gas flow, Chemical Engineering Research and Design, Volume 215, 2025, Pages 253-262, ISSN 0263-8762) applied to claims 1-8, and 10-18 above, and further in view of Elodie et.al. (US10238584B2 published 03/26/2019 and effectively filed 02/25/2014)
Hee teaches a product comprising porous foam block and a liquid cosmetic composition impregnated in the foam cavities, throughout the reference, as discussed above.
Hee does not teach first and/or second composition(s) comprise at least one lipophilic gelling agent.
Elodie teaches cosmetic composition for making up and caring for keratin materials, comprising aqueous phase gelled with at least one synthetic polymeric hydrophilic gelling agent and at least one oily phase gelled with at least one lipophilic gelling agent (Abstract, column 2, lines 16-23). Elodie teaches using emulsions comprising aqueous phase and oily phase, for freshness and comfort (column 1, lines 11-13). Elodie also teaches that use of emulsion of lipophilic gelling agent and hydrophilic gelling agent, has large number of technical performance qualities (column 2, lines 16-23)
It would have been prima facie obvious for a person of ordinary skills in the art before effective filing date of the claimed invention to use emulsion comprising hydrophilic and lipophilic gelling agents as taught by Elodie in the liquid cosmetic composition taught by Hee and arrive at the claimed invention because of advantages such as large number of technical performance qualities of gelling agents taught by Elodie as discussed above.
A person of ordinary skill in the art would have reasonable expectation of success of achieving such modifications since Elodie have demonstrated that use of lipophilic gelling agent containing emulsion used in the making up keratin materials is routine and known in the art and Hee teaches porous urethane foam impregnated with the cosmetic liquid composition comprising oil-in-water emulsion ([0025]; [0033]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
US’866
Claims 1, 3-7, 9, 10, and 12-15 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-6, 9, 10, and 12 of co-pending Application No. US 18/859,866 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference patent US’866 claims solid cosmetic care composition comprising at least one cavity such that composition has porosity of greater than or equal to 20% by volume relative to the total volume of said composition, and an aqueous phase dispersed in the solid composition in encapsulated form.
US’866 claims a solid cosmetic care composition of a keratin material and the said composition comprises at least one cavity such that said composition comprises a porosity greater than or equal to 20% by volume relative to the total volume of said solid composition (claim 1) and at least one aqueous composition(reads on instant claim 10) dispersed in the said solid composition in encapsulated form (claim 10) which reads as second liquid composition housed in the cavity as recited in the instant claim 1. US’866 claims solid composition has porosity greater than or equal to 30% (claim 2) which reads on instant claim 3. US’866 claims cavity(ies) is/are of the solid composition are through cavities (Claims 3) which reads on instant claim 4 and one or a plurality of cavities, preferably a plurality of cavities, either identical or different (claim 4) which reads on instant claim 5. US’866 claims the cavity(ies) is/are round, oblong, ovoid, triangular, polygonal, honeycomb, or in the shape of a paving (or cutout), claimed in the (claim 5) which reads on instant claim 6. US’866 claims the ratio between the volume of the cavity(ies) and the total volume of the composition is comprised between 0.2 and 0.9 (claim 6) which reads on instant claim 7. US’866 claims the solid cosmetic composition comprises at least one lipophilic gelling agent (claim 9) which reads on instant claim 9. US’866 claims solid cosmetic care composition of a keratin material, more particularly the skin and/or the lips (claim 1) which reads on the cosmetic product of instant claims 12 and 13 and the topical product of the instant claim 14. US’866 claims a Kit comprising at least a first solid composition, at least one second liquid composition, and optionally, at least one container (claim 12) which reads on instant claim 15.
This is a provisional non-statutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
US’473 and Dan
Claims 1, 3-7, 9, 10, and 12-15 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 2-6, 9, 10, and 12 of co-pending Application No. 18/860,473 in view of US2017/0181934A1 (Dan, published 06/29/2017 and effectively filed 12/29/2015).
US”473 claims solid cosmetic composition dedicated to provide sun protection for a keratin material comprising at least one cavity and the said composition has porosity of greater than or equal to 20% by volume of the total volume of said solid composition (claim 1) which reads on instant claim 1. US”473 further claims the porosity of the solid composition is greater than or equal to 30% by volume of the total volume of said solid composition (claim 2) which reads on instant claim 3. US”473 claims that cavity(ies) is/are through (claim 3) which reads on instant claim 4 and further claims the cavities are either identical or different (claim 4) which reads on instant claim 5. US”473 claims that cavity(ies) is/are round, oblong, triangular, polygonal, honeycomb, or in the shape of a paving (claim 5) which reads on instant claim 6. US”473 claims the ratio between the volume of the cavity (ies) and the total volume of the composition is comprised between 0.2 and 0.9 (claim 6) which reads on instant claim 7. US”473 claims the solid composition comprises at least one lipophilic gelling agent (claim 9) which reads on instant claim 9. US”473 claims the solid composition comprises at least one aqueous phase dispersed in the solid composition (claim 10) which reads on instant claim 10. US”473 claims product is a cosmetic product (claim 1) as recited in the instant claim 12, dedicated to care of keratin material (claim 1) as recited in the instant claim 13 which also reads as topical product as claimed in the instant claim 14. US”473 claims a kit comprising the solid composition, one second liquid composition, and optionally at least one container (claim 12) which reads on instant claim 15.
US”473 differs from the claimed invention in that it does not claim the part or whole of the second liquid composition is housed in the cavities of the solid composition as claimed in the instant claim 1.
Dan teaches porous soap carrier (reads as solid composition) comprising personal care ingredients and may have through cavities ([0021], claims 1,3, and 5). Dan also teaches personal care additive compositions such as sun block composition are housed in the cavities ([0028], lines 5-12, claim 12).
It would have been prima facie obvious for a person of ordinary skills in the art before the effective filing date of the claimed invention to dispose the second liquid composition in to the cavities of the solid cosmetic composition claimed in US”473 according to Dan and arrive at the instantly claimed invention of claim 1 because Dan teaches that porous solid composition with cavities allows user to customize a personal care product by selecting liquid composition to be housed in the cavities.
A person of ordinary skill in the art would have reasonable expectation of success of disposing skincare liquid compositions in to the cavities of the solid cosmetic composition since Dan demonstrates disposing personal care compositions in the cavities of solid cosmetic product is routine and known in the art.
This is a provisional non-statutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
US’998 and Dan
Claims 1, 3-7, 10, and 12-15 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-6, 10, and 12 of co-pending Application No. 18/874,998 in view of US2017/0181934A1 (Dan, published 06/29/2017 and effectively filed 12/29/2015).
US”998 claims solid cosmetic hair and/or scalp care composition comprising at least one hair care agent comprising at least one cavity and the said composition has porosity of greater than or equal to 20% by volume of the total volume of said solid composition (claim 1) which reads on instant claim 1. US” 998 further claims the porosity of the solid composition is greater than or equal to 30% by volume of the total volume of said solid composition (claim 2) which reads on instant claim 3. US” 998 claims that cavity(ies) is/are through (claim 3) which reads on instant claim 4 and further claims the cavities are either identical or different (claim 4) which reads on instant claim 5. US” 998 claims that cavity(ies) is/are round, oblong, triangular, polygonal, honeycomb or of tessellated shape (claim 5) which reads on instant claim 6. US” 998 claims the ratio between the volume of the cavity (ies) and the total volume of the composition is comprised between 0.2 and 0.9 (claim 6) which reads on instant claim 7. US” 998 claims the solid composition comprises at least one aqueous phase dispersed in the solid composition in encapsulated form (claim 10) which reads on instant claim 10. US” 998 claims product is a cosmetic product (claim 1) as recited in the instant claim 12, dedicated to care of hair and/or scalp (claim 1) reads on product dedicated to care of keratin material as recited in the instant claim 13 which also reads as topical product as claimed in the instant claim 14. US” 998 claims a kit comprising the solid composition, one second liquid composition, and optionally at least one container (claim 12) which reads on instant claim 15.
US”998 differs from the claimed invention in that it does not claim the part or whole of the second liquid composition is housed in the cavities of the solid composition as claimed in the instant claim 1.
Dan teaches porous soap carrier (reads as solid composition) comprising personal care ingredients and may have through cavities ([0021], claims 1,3, and 5). Dan also teaches personal care additive composition are housed in the cavities ([0028], lines 5-12, claim 12).
It would have been prima facie obvious for a person of ordinary skills in the art before the effective filing date of the claimed invention to dispose the second liquid composition in to the cavities of the solid cosmetic hair and/or scalp care composition claimed in US”998 according to Dan and arrive at the instantly claimed invention of claim 1 because Dan teaches that porous solid composition with cavities allows user to customize a personal care product by selecting liquid composition to be housed in the cavities.
A person of ordinary skill in the art would have reasonable expectation of success of disposing cosmetic liquid compositions in to the cavities of the solid hair and/or scalp care composition since Dan demonstrates disposing personal care compositions in the cavities of solid cosmetic product is routine and known in the art.
This is a provisional non-statutory double patenting rejection.
US’338 and Dan
Claims 1, 3-7, 9, 10, and 12-15 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-8, 10, and 11 of co-pending Application No. 18/860,338 in view of US2017/0181934A1 (Dan, published 06/29/2017 and effectively filed 12/29/2015).
US”338 claims solid cosmetic composition intended for beautifying of a keratin material comprising at least one cavity such that the said composition comprises a porosity of greater than or equal to 20% by volume of the total volume of said solid composition (claim 1) which reads on instant claim 1. US” 338 further claims the porosity of the solid composition is greater than or equal to 30% by volume of the total volume of said solid composition (claim 2) which reads on instant claim 3. US” 338 claims that cavity(ies) is/are through (claim 3) which reads on instant claim 4 and further claims that one or a plurality of cavities are either identical or different (claim 4) which reads on instant claim 5. US” 338 claims that cavity(ies) is/are round, oblong, triangular, polygonal, honeycomb shape (claim 5) which reads on instant claim 6. US” 338 claims the ratio between the volume of the cavity (ies) and the total volume of the composition is comprised between 0.2 and 0.9 (claim 6) which reads on instant claim 7. US” 338 claims solid composition comprises at least one lipophilic gelling agent (claim 7) which reads on instant claim 9. US” 338 claims the solid composition comprises at least one aqueous phase dispersed in the solid composition (claim 8) which reads on instant claim 10. US” 338 claims a solid cosmetic composition (claim 1) as recited in the instant claim 12, dedicated to care of hair and/or scalp (claim 1) reads on product dedicated to cleaning and/or beautifying of keratin material as recited in the instant claim 13. US” 338 claims solid composition is a topical composition (claim 10) which reads as topical product as claimed in the instant claim 14. US” 338 claims a kit comprising the solid composition, one second liquid composition, and optionally at least one container (claim 11) which reads on instant claim 15.
US”338 differs from the claimed invention in that it does not claim the part or whole of the second liquid composition is housed in the cavities of the solid composition as claimed in the instant claim 1.
Dan teaches porous soap carrier (reads as solid composition) comprising personal care ingredients and may have through cavities ([0021], claims 1,3, and 5). Dan also teaches personal care additive composition such as body wash composition are housed in the cavities ([0028], lines 5-12, claim 12).
It would have been prima facie obvious for a person of ordinary skills in the art before the effective filing date of the claimed invention to dispose the second liquid composition in to the cavities of the solid cosmetic composition of keratin material, claimed in US”338 according to Dan and arrive at the instantly claimed invention of claim 1 because Dan teaches that porous solid composition with cavities allows user to customize a skin care product by selecting liquid composition to be housed in the cavities.
A person of ordinary skill in the art would have reasonable expectation of success of disposing cosmetic liquid compositions in to the cavities of the solid composition of keratin material since Dan demonstrates disposing personal care compositions in the cavities of solid cosmetic product is routine and known in the art.
This is a provisional non-statutory double patenting rejection.
US’808 and Dan
Claims 1, 3-7, 9, 10, and 12-15 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-6, 8, 9, and 11 of co-pending Application No. 18/859,808 in view of US2017/0181934A1 (Dan, published 06/29/2017 and effectively filed 12/29/2015).
US”808 claims solid perfuming cosmetic composition of a keratin material more particularly the skin, comprising at least one cavity such that the said composition comprises a porosity of greater than or equal to 20% by volume of the total volume of said solid composition (claim 1) which reads on instant claim 1. US” 808 further claims the porosity of the solid composition is greater than or equal to 30% by volume of the total volume of said solid composition (claim 2) which reads on instant claim 3. US” 808 claims that cavity(ies) is/are through (claim 3) which reads on instant claim 4 and further claims that one or a plurality of cavities are either identical or different (claim 4) which reads on instant claim 5. US” 808 claims that cavity(ies) is/are round, oblong, triangular, polygonal, honeycomb shape (claim 5) which reads on instant claim 6. US” 808 claims the ratio between the volume of the cavity (ies) and the total volume of the composition is comprised between 0.2 and 0.9 (claim 6) which reads on instant claim 7. US” 808 claims solid composition comprises at least one lipophilic gelling agent (claim 8) which reads on instant claim 9. US” 808 claims the solid composition comprises at least one aqueous phase dispersed in the solid composition (claim 9) which reads on instant claim 10. US” 808 claims a solid cosmetic composition (claim 1) as recited in the instant claim 12, of keratin material (claim 1) reads on product dedicated to cleaning and/or beautifying of keratin material as recited in the instant claim 13 which also reads as topical product as claimed in the instant claim 14. US” 808 claims a kit comprising the solid composition, one second liquid composition, and optionally at least one container (claim 11) which reads on instant claim 15.
US”808 differs from the claimed invention in that it does not claim the part or whole of the second liquid composition is housed in the cavities of the solid composition as claimed in the instant claim 1.
Dan teaches porous soap carrier (reads as solid composition) comprising personal care ingredients and may have through cavities ([0021], claims 1,3, and 5). Dan also teaches personal care additive compositions such as fragrance composition and deodorizing composition are housed in the cavities ([0028], lines 5-12, claim 12).
It would have been prima facie obvious for a person of ordinary skills in the art before the effective filing date of the claimed invention to dispose the second liquid composition in to the cavities of the solid cosmetic composition of keratin material claimed in US”808 according to Dan and arrive at the instantly claimed invention of claim 1 because Dan teaches that porous solid composition with cavities allows user to customize a skin care product by selecting liquid composition to be housed in the cavities.
A person of ordinary skill in the art would have reasonable expectation of success of disposing skincare liquid compositions in to the cavities of the solid skin care composition since Dan demonstrates disposing personal care compositions in the cavities of solid cosmetic product is routine and known in the art.
This is a provisional non-statutory double patenting rejection.
US’467 and Dan
Claims 1, 3-7, 9, 10, and 12-15 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-6, 8, 9, and 11 of co-pending Application No. 18/859,467 in view of US2017/0181934A1 (Dan, published 06/29/2017 and effectively filed 12/29/2015).
US”467 claims solid perfuming cosmetic composition of a keratin material more particularly the skin, comprising at least one cavity such that the said composition comprises a porosity of greater than or equal to 20% by volume of the total volume of said solid composition (claim 1) which reads on instant claim 1. US” 467 further claims the porosity of the solid composition is greater than or equal to 30% by volume of the total volume of said solid composition (claim 2) which reads on instant claim 3. US” 467 claims that cavity(ies) is/are through (claim 3) which reads on instant claim 4 and further claims that one or a plurality of cavities are either identical or different (claim 4) which reads on instant claim 5. US” 467 claims that cavity(ies) is/are round, oblong, triangular, polygonal, honeycomb shape (claim 5) which reads on instant claim 6. US” 467 claims the ratio between the volume of the cavity (ies) and the total volume of the composition is comprised between 0.2 and 0.9 (claim 6) which reads on instant claim 7. US” 467 claims solid composition comprises at least one lipophilic gelling agent (claim 8) which reads on instant claim 9. US” 467 claims the solid composition comprises at least one aqueous phase dispersed in the solid composition (claim 9) which reads on instant claim 10. US” 467 claims a solid cosmetic composition (claim 1) as recited in the instant claim 12, of keratin material (claim 1) reads on product dedicated to cleaning and/or beautifying of keratin material as recited in the instant claim 13 which also reads as topical product as claimed in the instant claim 14. US” 467 claims a kit comprising the solid composition, one second liquid composition, and optionally at least one container (claim 11) which reads on instant claim 15.
US” 467 differs from the claimed invention in that it does not claim the part or whole of the second liquid composition is housed in the cavities of the solid composition as claimed in the instant claim 1.
Dan teaches porous soap carrier (reads as solid composition) comprising personal care ingredients and may have through cavities ([0021], claims 1,3, and 5). Dan also teaches personal care additive compositions or skin care compositions such as moisturizer is housed in the cavities ([0028], lines 5-12, claim 12).
It would have been prima facie obvious for a person of ordinary skills in the art before the effective filing date of the claimed invention to dispose the second liquid composition in to the cavities of the solid cosmetic composition of keratin material claimed in US” 467 according to Dan and arrive at the instantly claimed invention of claim 1 because Dan teaches that porous solid composition with cavities allows user to customize a cosmetic skin care product by selecting liquid composition to be housed in the cavities.
A person of ordinary skill in the art would have reasonable expectation of success of disposing skincare liquid compositions in to the cavities of the solid skin care composition since Dan demonstrates disposing personal care compositions in the cavities of solid cosmetic product is routine and known in the art.
This is a provisional non-statutory double patenting rejection.
US’666 and Dan
Claims 1, 3-7, 9, and 15 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-7 and 11 of co-pending Application No. 18/879,666 in view of US2017/0181934A1 (Dan, published 06/29/2017 and effectively filed 12/29/2015).
US”666 claims solid cleaning composition of detergent agent, comprising at least one cavity such that the said composition comprises a porosity of greater than or equal to 20% by volume of the total volume of said solid composition (claim 1) which reads on instant claim 1. US” 666 further claims the porosity of the solid composition is greater than or equal to 30% by volume of the total volume of said solid composition (claim 2) which reads on instant claim 3. US” 666 claims that cavity(ies) is/are through (claim 3) which reads on instant claim 4 and further claims that one or a plurality of cavities are either identical or different (claim 4) which reads on instant claim 5. US” 666 claims that cavity(ies) is/are round, oblong, triangular, polygonal, honeycomb shape (claim 5) which reads on instant claim 6. US” 666 claims the ratio between the volume of the cavity (ies) and the total volume of the composition is comprised between 0.2 and 0.9 (claim 6) which reads on instant claim 7. US” 666 claims solid composition comprises at least one lipophilic gelling agent (claim 8) which reads on instant claim 9. US” 666 claims a kit comprising the solid composition, one second liquid composition, and optionally at least one container (claim 11) which reads on instant claim 15.
US” 666 differs from the claimed invention in that it does not claim the part or whole of the second liquid composition is housed in the cavities of the solid composition as claimed in the instant claim 1.
Dan teaches porous soap carrier (reads as solid composition) comprising personal care ingredients and may have through cavities ([0021], claims 1,3, and 5). Dan also teaches personal care additive compositions are housed in the cavities ([0028], lines 5-12, claim 12).
It would have been prima facie obvious for a person of ordinary skills in the art before the effective filing date of the claimed invention to dispose the second liquid composition in to the cavities of the solid cosmetic composition of keratin material claimed in US” 666 according to Dan and arrive at the instantly claimed invention of claim 1 because Dan teaches that porous solid composition with cavities allows user to customize a skin care product by selecting liquid composition to be housed in the cavities.
A person of ordinary skill in the art would have reasonable expectation of success of disposing skincare liquid compositions in to the cavities of the solid skin care composition since Dan demonstrates disposing personal care compositions in the cavities of solid cosmetic product is routine and known in the art.
This is a provisional non-statutory double patenting rejection.
Conclusion and Correspondence
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUE LIU whose telephone number is (571)272-5539. The examiner can normally be reached M-F 9-5.
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 (director), Jennifer Michener can be reached at 571-272-1424. 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. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SUE X LIU/Supervisory Patent Examiner, Art Unit 1616