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 .
Election/Restrictions
Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 3-22-2024.
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.
(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) 1-4 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by KR 20130109064.
KR ‘064 discloses A layered cosmetic product comprises an oil layer, an aqueous layer, and a fluorine oil layer. The oil layer, the aqueous layer, and the fluorine oil layer are separated each other. The fluorine oil in the fluorine oil layer contains hydrophilic perfluoro polymer liquid. The fluorine oil layer solely contains the hydrophilic perfluoro polymer liquid. The hydrophilic perfluoro polymer liquid has one or more hydrophilic functional groups selected among a hydroxyl group, an ether group, an amide group, an ester group, a polyethylene glycol (PEG) group, a sulfonate group, a carboxyl group, and a phosphate group (abstract). The hydrophilic perfluoropolymer liquid is perfluorohydroxypolymer liquid (perfluorohydroxypolymer liquid), perfluoroetherpolymer liquid (perfluoroetherpolymer liquid), perfluoroamide polymer liquid (perfluoroamidepolymer liquid), perfluoroester polymer liquid ( perfluoroesterpolymer liquid, perfluoropolyoxyethylene liquid, perfluoropolysulfonate liquid, perfluoropolycarboxylate liquid and perfluoropolyphosphate liquid At least one layered cosmetic selected from the group consisting of. The hydrophilic perfluoropolymer liquid is polyperfluoroethoxymethoxy difluorohydroxyethyl ether, polyperfluoroethoxymethoxy difluoroethyl PEG ether, At least one layered cosmetic selected from the group consisting of Polyperfluoroethoxymethoxy Difluoromethyl Distearamide and Polyperfluoroethoxymethoxy Difluoromethyl Ether. The hydrophilic perfluoropolymer liquid is 0.5 to 90% by weight relative to the total weight of the layered cosmetic layered cosmetic (see claims). he aqueous phase may be purified water, polyol (e.g. glycerin, 1,2-hexanediol, sorbitol, xylitol, etc.), solution mixed with water (e.g. alcohol, butylene glycol, dipropylene glycol, propylene glycol Lycol, etc.), chelating agents (EDTA-3Na, etc.), pH regulators (AHA, TEA, etc.), water-soluble pigments, polysaccharides (beta-glucan, biosaccharide gums, etc.), water-soluble polymers (carbomer, xanthan) Gum, etc.), electrolytes (NaCl, MgSO .sub.3, etc.), preservatives (phenoxyethanol, etc.), various water-soluble extracts.
As this reference teach all of the instantly required it is considered anticipatory.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries 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.
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.
Claim(s) 7-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 20130109064 in view of KR 20170096064.
KR 20130109064 is relied upon as set forth above. Specifically, said prior art is silent with respect to the specific plant extract of claim 10 and the particulate of claim 12.
KR 20170096064 discloses a plant extract based cosmetic formulation (see abstract) where the compositions of the present invention may be formulated into any type of vehicle. Nonlimiting examples of suitable vehicles include, but are not limited to, emulsions (e.g., water, oil) (under compositions of vehicles section). Under cosmetic ingredients, titanium dioxide particle is listed as an ingredient and further, under moisturizer, Calendula officinalis extract is listed as a key ingredient.
One skilled in the art would include specific ingredients for adjunct purposes such as titanium dioxide and calendula as a plant extract, in KR ‘064 cosmetic formulation which provides for plant extracts and cosmetic ingredients with an emulsion formulation. One skilled in the art in the absence of a showing to the contrary, would include these adjunct ingredient as a benefit to the cosmetic formulation on the skin for their intended purpose.
[W]hen a patent 'simply arranges old elements with each performing the same function it had been known to perform' and yields no more than one would expect from such an arrangement, the combination is obvious. [KSR Int'l Co. v.Teleflex Inc., 550 U.S. at 418 (quoting Sakraida v. Ag Pro, Inc., 425 U.S. 273,282 (1976).]
Allowable Subject Matter
Claims 5-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NECHOLUS OGDEN JR whose telephone number is (571)272-1322. The examiner can normally be reached 8-4:30 EST M-F.
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/NECHOLUS OGDEN JR/ Primary Examiner, Art Unit 1761
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