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 .
Applicants' arguments, filed 07/09/2026, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 1, 2, 5, 6, 7, 9, 10, 16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Norman (US 20150265507) in view of Patel (US 8,992,899), Lange (US 20080193404), and Loginova (US 2007/0190010).
Applicants assert Norman, Patel, and Lange fail to disclose “triacontanyl polyvinylpyrrolidone” as a single component, rather than separate components.
Loginova is now cited for teaching triacontanyl PVP was a well-known polymer used in mascara formulations, with triacontanyl PVP and polyethylene and PVP/Eicosene as particularly preferred. (¶¶ 25-26, it is noted triacontanyl appears misspelled in the prior art).
As such, it would have been obvious to use well known and preferred polymers in the mascara previously made obvious.
Claim 3, 4, 8, 11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Norman (US 20150265507), Patel (US 8,992,899), Lange (US 20080193404) and Loginova (US 2007/0190010), in view of Feng (US 20070212316).
Applicants assert Feng does not cure the deficiency of Normal, Patel, and Lange. Loginova is discussed above for resolving the deficiency.
Claim 12, 13, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Norman (US 20150265507), Patel (US 8,992,899), Lange (US 20080193404), and Loginova (US 2007/0190010), in view of Schlossman (US 20090257966).
Applicants assert Schlossman does not cure the deficiency of Normal, Patel, and Lange. Loginova is discussed above for resolving the deficiency.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Norman (US 20150265507), Patel (US 8,992,899), Lange (US 20080193404) and Loginova (US 2007/0190010), in view of Gupta (US 20060110415).
Applicants assert Gupta does not cure the deficiency of Normal, Patel, and Lange. Loginova is discussed above for resolving the deficiency.
Claim 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Norman (US 20150265507) in view of Patel (US 8,992,899), Lange (US 20080193404), Loginova (US 2007/0190010), Feng (US 20070212316), Schlossman (US 20090257966), and Gupta (US 20060110415).
Applicants assert the combination does not cure the deficiency of Normal, Patel, and Lange. Loginova is discussed above for resolving the deficiency.
Double Patenting
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 10,857,079 in view of Patel (US 8,992,899), Lange (US 20080193404), Loginova (US 2007/0190010), Feng (US 20070212316), Schlossman (US 20090257966), and Gupta (US 20060110415).
Allan is included to resolve the deficiency. The rejection is also being held in abeyance until allowable matter is found.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN J PACKARD whose telephone number is (571)270-3440. The examiner can normally be reached Mon 2-6pm and Tues-Fri 9:30am-6:30pm + mid-day flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sahana S. Kaup can be reached at (571) 272-6897. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN J PACKARD/ Primary Examiner, Art Unit 1612
