DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after April 17, 2024, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
Receipt is acknowledged of Applicants’ claimed invention filed on 04/17/2024 in the matter of Application N° 18/637,919. Said documents are entered on the record. The Examiner further acknowledges the following:
Thus, claims 1-20 represent all claims currently under consideration.
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 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sebillotte et al. (EP1277463A1).
Regarding claims 1, 4, 6, and 11, Sebillotte et al. disclose a cosmetic composition comprising a cationic polymer present in an amount of about 0.01% to about 5% by weight relative to the total composition (See claim 21). Sebillotte et al. further teach that the cationic polymer may include polysaccharide-based materials such as chitosan and its salts, which are polysaccharides comprising amine groups (See page 22, paragraph 50). A common and practical synonym for polyhexosamines, especially in cosmetic is chitosan, the most widely recognized example of a polyhexosamine (As required by instant claim 4). Sebillotte et al. teach that the composition comprises at least 1% by weight of silica relative to the total composition (See abstract). The silica component, which may be present in the form of uncoated silica or silica-coated particles, is disclosed as being present in amounts of approximately 1% to 15% by weight of active material (See paragraph 12, Silica). Sebillotte et al. disclose that the composition may include one or more active ingredients commonly used in cosmetic or dermatological applications, including anti-aging agents such as alpha-hydroxy acids. Sebillotte et al. further teach that such active ingredients may be used individually or in mixtures, and may be present in amounts ranging from about 0.01% to about 20% by weight, preferably from about 0.1% to about 10% by weight (See page 14, lines 25-33). The commonly fatty compounds in skin-perfecting compositions, examples include the potassium or sodium salts of fatty acids such as lauric acid, myristic acid, palmitic acid, and stearic acid (See page 9, lines 18-23). Sebillotte et al. disclose cosmetic compositions comprising optional adjuvants commonly used in the cosmetic field, including fatty substances such as oils and waxes that are incompatible with the aqueous medium. Sebillotte et al. teach that such fatty adjuvants may be present in an amount ranging from about 0.01% to about 20% by weight of the total composition (See page 14, paragraph 0072, lines 11-19). Sebillotte et al. further disclose that the compositions may include active ingredients commonly used in cosmetic and dermatological applications, including water-soluble actives, which may be present in amounts ranging from about 0.01% to about 20% by weight of the total composition (See page 14, paragraph 0073, lines 20-33). The instant claims recite optionally including about 1 to about 40 wt.% of one or more fatty compounds and about 0.01 to about 25 wt.% of one or more water-soluble solvents. The fatty compounds recited in the claims read on the fatty substances (e.g. oils and waxes) disclosed by Sebillotte et al. and the recited water-soluble solvents read on the water-soluble active components disclosed by Sebillotte et al. the claimed ranges overlap with or encompass the ranges disclosed by Sebillotte et al. specifically, the claimed range for fatty compounds (1-40 wt.%) overlaps with the disclosed range of 0.01-20wt.% at least in part, and the claimed range for water-soluble solvents (0.01-25 wt.%) overlaps with the disclosed range of 0.01-20 wt.%. it is well established that overlapping ranges are prima facie obvious. Sebillotte et al. disclose wherein the composition according to claim 1 or 2, comprises from 35 to 95% by weight of water relative to the total weight of the composition (See claim 3).
Regarding claims 2, 3, and 5, Sebillotte et al. disclose that, in certain embodiments, the composition comprises a cationic polymer selected from homopolymers or copolymers derived from one or more unsaturated monomers, wherein the polymer includes at least one quaternary ammonium group. In which R3 denotes a hydrogen atom or a CH3 radical; A is a linear or branched alkylene group having 1 to 6 carbon atoms or a hydroxyalkylene group having 1 to 4 carbon atoms; R4, R5, and R6, which may be identical or different, represent an alky group having from 1 to 18 carbon atoms. R1 and R2 represent a hydrogen atom or an alkyl group having 1 to 6 carbon atoms. X denotes a halide such as chloride or bromide, quaternized polysaccharides, Chitosans or their salts and mixtures thereof (See page 10, paragraph 0065). Composition according to any one of the preceding claims, characterized in that the number of cationic polymers and/or amphoteric ranges from 0.01 to 5% by weight of active material relative to the total weight of the composition. Sebillotte et al. disclose polymers comprising monomer units having basic nitrogen functionalities (K) and monomer units having acidic functionalities (M), including carboxylic or sulfonic groups. Sebillotte et al. further disclose zwitterionic polymers derived from monomers such as carboxybetaines and sulfobetaines (See page 23, lines 22-23), which inherently include both amine (cationic) and acidic (e.g., carboxylate) groups within the same structure. The claimed invention differs from Sebillotte et al. in that the claimed polysaccharides are specifically defined as polyhexosamines, including α or β anomeric forms and salts thereof.
It would have been obvious to one of ordinary skill in the art at the time of the invention to select polysaccharide-based polymers, including amine-containing polysaccharides (e.g., polyhexosamines), as an alternative to the polymers disclosed by Sebillotte et al. since both classes of materials share similar functional characteristics, namely the presence of amine groups and optionally carboxyl groups, which are known to provide conditioning, film-forming, or skin-benefit properties in cosmetic compositions.
Furthermore, the use of polymers containing both amine and acidic functionalities (including zwitterionic systems) was known in the art to improve compatibility, substantivity, and mildness in skin or hair care compositions. Selecting a naturally derived or polysaccharide-based analogue (e.g. polyhexosamines) represents a predictable variation and a matter of routine selection among known polymeric ingredients having similar functional groups and properties. With respect to the recited α or β-anomeric forms and salt forms, such features are inherent properties of polysaccharides and their derivatives and would have been understood by one of ordinary skill in the art.
Regarding claim 7, Sebillotte et al. disclose wherein the addition of hydrophilic silica allows a better rinsing than comparative example 4 containing the cationic polymer without silica (See page 19, paragraph 0099).
Regarding claim 8, Sebillotte et al. disclose wherein the hydrophilic silica is a fumed silica (See claim 9).
Regarding claims 9, 13, and 14, Sebillotte et al. disclose quaternized polysaccharides such as, guar or hydroxypropyl guar gums, quaternized cellulose derivatives such as polymers hydroxyethyl cellulose containing cationic groups (See page 12, lines 5-10). The composition according to any one of the preceding claims, characterized in that the number of cationic polymers, ranges from 0.01 to 5% by weight of active material relative to the total weight of the composition (See claim 21). Sebillotte et al. disclose a foaming cleansing composition comprising at least one surfactant that imparts foaming properties. The surfactant may be selected from nonionic foaming surfactants, including alkyl polyglucosides, polyglycerol fatty alcohols, and mixtures thereof. The amount of surfactant may be present in an amount ranging from about 2% to about 50%by weight, based on the total weight of the composition (See page 7, paragraph 0035, lines 28-30, and paragraph 0036, lines 33-34).
Regarding claim 10, Sebillotte et al. disclose wherein any active ingredient may be used in the composition of the invention usually used in the cosmetic and dermatological fields, such as for example, alpha-hydroxy acids such as glycolic acid (See page 14, paragraph 0073, lines 27-29).
Regarding claim 12, Sebillotte et al. disclose wherein the composition’s aqueous medium can comprise water together with one or more additional solvents, such as lower alcohols having 1 to 6 carbon atoms, including polyols like glycerin, as well as glycols (See page 14, paragraph 0071, lines 5-8).
Regarding claim 15, Sebillotte et al. disclose oxyalkylenated compounds that can be used in the composition of the invention may include ethylene oxide groups (See page (See page 5, paragraph 0028, lines 11-13)
Regarding claim 16, Sebillotte et al. disclose any active ingredient may be used in the composition of the invention usually used in the dermatological fields and the cosmetic, such as for example, water-soluble or fat-soluble vitamins or provitamins vitamins A (retinol), C (ascorbic acid), and E (tocopherol). A mixture of two or more of these assets. The asset or assets may be present, for example, in one concentration ranging from 0.01 to 20% (See page 14, paragraph 0073, lines 20-22, and lines 31-33).
Regarding claim 17, Sebillotte et al. disclose the hydrophilic silica is chosen from silicas having a specific surface area. These are the hydrophilic silicas described in tables (1) and (2) below, and their mixtures. These silicas are marketed by the company Degussa-Huls. Trade name Aerosil 90, 130, 150, and Aerosil 200, how to obtain pyrogenic BET and pH at 4% in water, 3.6 to 4,5, 3.6, to 4.5, and 3.6-4.3 (See page 3, paragraphs 0019 and 0020, and Table 1).
Regarding claim 18, Sebillotte et al. disclose a composition comprising an aqueous phase including water and optional solvents such as lower alcohols, polyols (e.g., glycerin), and glycols. Such compositions, which include both aqueous components and organic components (e.g., surfactants and optional oily materials), are commonly formulated as emulsions, including oil-in-water emulsions (See page 14, paragraph 0071, lines 5-8).
Although Sebillotte et al. do not explicitly state that the composition is in the form of an oil-in-water emulsion, it would have been obvious to one of ordinary skill in the art at the time of the invention to formulate the disclosed composition as an oil-in-water emulsion, as this is a conventional and widely used delivery form for cosmetic and skin care compositions comprising both aqueous and oily components.
Formulating a composition as an oil-in-water emulsion represents a predictable variation and a matter of routine formulation choice, depending on the desired texture, stability, and skin feel of the product.
Regarding claim 19, Sebillotte et al. disclose wherein the composition according to any one of the preceding claims, characterized in that the number of cationic polymers and/or amphoteric ranges from 0.01 to 5% by weight of active material relative to the total weight of the composition (See page 10, paragraph 0062). Sebillotte et al. further disclose zwitterionic polymers derived from monomers such as carboxybetaines and sulfobetaines (See page 23, lines 22-23), which inherently include both amine (cationic) and acidic (e.g., carboxylate) groups within the same structure. The claimed invention differs from Sebillotte et al. in that the claimed polysaccharides are specifically defined as polyhexosamines. A common and practical synonym for polyhexosamines, especially in cosmetic is chitosan. Sebillotte et al. disclose compositions comprising hydrophilic silica selected from pyrogenic (fumed) silica, precipitated silica, and mixtures thereof. Sebillotte et al. further teach that such silica materials may have particle sizes in the nanometer range (e.g., about 3 to 50 nm) and defined surface area and density characteristics, thereby encompassing nano-sized silica particles as recited in the claim (See page 3, Table 2, and paragraphs 0016, 0018, and 0019). With respect to the claimed weight ratio of components (a) to (b), optimizing the relative proportions of formulation components to achieve desired performance characteristics is likewise considered to be within the ordinary skill in the art and amounts to routine experimentation. Furthermore, Sebillotte et al. explicitly contemplate both fumed (pyrogenic) and precipitated hydrophilic silica, which correspond directly to the claimed silica materials. Sebillotte et al. disclose wherein any active ingredient may be used in the composition of the invention usually used in the cosmetic and dermatological fields, such as for example, alpha-hydroxy acids such as glycolic acid (See page 14, paragraph 0073, lines 27-29). As active ingredients, any active ingredient may be used in the composition of the invention usually used in the cosmetic and dermatological fields, such as for example, keratolytic and anti-aging agents such as alpha-hydroxy acids such as glycolic acid, citric acid, and lactic acid and its derivatives. The asset or assets may be present, for example, in one concentration ranging from 0.01 to 20%, preferably from 0.1 to 10% of the total weight of the composition (See page 14, paragraph 0073, lines 27-29, and lines 32-33). The commonly fatty compounds in skin-perfecting compositions, examples include the potassium or sodium salts of fatty acids such as lauric acid, myristic acid, palmitic acid, and stearic acid (See page 9, lines 18-23). Sebillotte et al. disclose cosmetic compositions comprising optional adjuvants commonly used in the cosmetic field, including fatty substances such as oils and waxes that are incompatible with the aqueous medium. Sebillotte et al. teach that such fatty adjuvants may be present in an amount ranging from about 0.01% to about 20% by weight of the total composition (See page 14, paragraph 0072, lines 11-19). Sebillotte et al. disclose wherein the composition’s aqueous medium can comprise water together with one or more additional solvents, such as lower alcohols having 1 to 6 carbon atoms, including polyols like glycerin, as well as glycols (See page 14, paragraph 0071, lines 5-8). Sebillotte et al. disclose quaternized polysaccharides such as, guar or hydroxypropyl guar gums, quaternized cellulose derivatives such as polymers hydroxyethyl cellulose containing cationic groups (See page 12, lines 5-10). The composition according to any one of the preceding claims, characterized in that the number of cationic polymers, ranges from 0.01 to 5% by weight of active material relative to the total weight of the composition (See claim 21). The surfactant may be selected from nonionic foaming surfactants, including alkyl polyglucosides, polyglycerol fatty alcohols, and mixtures thereof. The amount of surfactant may be present in an amount ranging from about 2% to about 50%by weight, based on the total weight of the composition (See page 7, paragraph 0035, lines 28-30, and paragraph 0036, lines 33-34). Sebillotte et al. disclose wherein the composition according to claim 1 or 2, comprises from 35 to 95% by weight of water relative to the total weight of the composition (See claim 3). Sebillotte et al. disclose cosmetic compositions comprising optional adjuvants commonly used in the cosmetic field, including perfumes, mineral or organic fillers, preservatives, fatty substances such as oils and waxes that are incompatible with the aqueous medium. Sebillotte et al. teach that such fatty adjuvants may be present in an amount ranging from about 0.01% to about 20% by weight of the total composition (See page 14, paragraph 0072, lines 11-19).
Regarding claim 20, Sebillotte et al. disclose wherein effective cleansing of the skin is essential for proper facial care. Cleansing should be as efficient as possible, since fatty residues, such as excess sebum, residual cosmetics, and makeup products, can accumulate in skin folds, clog pores, and lead to the formation of blemishes (See paragraph 0002, lines 8-11).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kimberly Barber whose telephone number is (703) 756-5302. The examiner can normally be reached on Monday through Friday from 6:30 AM to 3:30 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert A. Wax, can be reached at telephone number (571) 272-0623. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY BARBER/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615
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