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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 3/15/24 and 4/2/25 have been considered by the examiner.
Status of the Claims
Claims 1-9 are pending in the application.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR20220056515A (Cho et al., hereafter “Cho”).
The instant claims are drawn to a surfactant comprising sucrose distearate and polyglyceryl-10 oleate, as further specified in the claims. The intended use which is “for preparing an emulsion” as recited in the preamble of claim 1 is noted but is not interpreted to further limit the properties or capabilities of the structural components claimed and addressed below.
Cho teaches a nanoemulsion composition for topical benefits including wrinkle prevention, improvement, and skin moisturization (see abstract, in particular). Cho’s formulation includes any one or more of polyglyceryl-10 oleate and sucrose distearate and is in nanoemulsion form (see Cho claims 1-4)(limitation of claims 1 and 4). The emulsion is present in a cosmetic composition (see translation page 2/9, first and second paragraphs of “Description” section)(limitation of claims 5 and 7), includes an aqueous component (see page 4/9 of translation, lines 1-2), and the nanoemulsion may be made by a process comprising the instantly recited steps (page 2/9 of translation, lines 4-7)(limitation of claims 2 and 8). The emulsion is completed when transparent (see page 4/9 of translation, Example step 5)(limitation of claim 3) and subsequently is diluted (page 5/9 of translation, paragraph 6)(limitation of claims 6 and 9).
Accordingly, Cho teaches each and every limitation instantly claimed.
Conclusion
No claim is allowed.
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/AUDREA B CONIGLIO/Primary Examiner, Art Unit 1617