Claims 1-2, 4-17 and 19-22 are pending in this application.
DETAILED ACTION
Notice of Pre-AIA or AIA Status
1 The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
2 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 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.
3 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.
Claims 1-2, 4-17 and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Brun et al. (US 2010/0083446 A1) in view of Lechner et al. (WO 2020187736 A1). English translation of the Patent No. (WO 2020187736 A1) is used in this Office action.
Brun et al. (US’ 446 A1) teaches a process for dyeing hair comprising applying to the hair a pretreatment composition comprising in a cosmetically acceptable medium at least one organosilicon compound and applying to the keratin fibers a cosmetic composition comprising at least one pigment (chromophoric) and at least one volatile solvent as claimed in claims 1 and 11 (see claim 15), wherein the organosilicon compounds represented by the following formula (I):
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wherein R1 and R2 are alkyl radicals, R3 is linear or branched alkyl radical and R4, R5 and R6 represent OR’, OR” and OR”’ wherein R’, R” and R”’ are alkyl radicals which is similar to the claimed formula (I), when in the claimed formula (I), R1 and R2 are alkyl radicals, L represents alkyl radical, R3 represents alkyl radical, a represents an integer 3 and b is 0 as claimed in claims 1 and 5 (see page 3, formula (I) and paragraphs, 0054-0060) and wherein the organosilicon compounds comprise a mixture of 3-aminopropyltriethoxysilane (organic silicon compound that reads on the claimed formula (1)) and Bis[3-triethoxysilylpropyl]amine that reads on the claimed formula (II) as claimed in claims 1, 4-6 and 9 (see page 3, paragraph, 0063, paragraph, 0079 and claim 7), wherein the cosmetically acceptable medium of the cosmetic pretreatment composition may formed from water of 0.1% or 5% by wt., relative to the total weight of the pretreatment composition as claimed in claim 1 (see page 18, paragraphs, 0453-0456), wherein the volatile solvents is chosen from water and wherein the volatile solvent present in the amount of from 0.1% to 95% by wt., as claimed in the second agent in claims 1 and 19 (see page 15, paragraph, 0355 and claim 9) and wherein the process also comprises the steps of applying the dyeing composition to the keratin fibers for the time required to obtain the desired coloration and are then rinsed out as claimed in claim 1 (see page 1, paragraph, 0010), wherein the dyeing composition may be used on dry hair as claimed in claim 2 (see page 19, paragraph, 0464), wherein the organosilicon compound may be present in the pretreatment composition in the amounts ranging from 0.% to 20% by wt., as claimed in claim 10 (see page, 4, paragraph, 0103), wherein the pigments based on synthetic substrates comprise titanium oxide as claimed in claim 10 (see page 12, paragraph, 0279) and pigments such as titanium coated with an iron oxide or mica coated with an iron oxide or silica (silicone dioxide) as claimed in claims 10-13 (see page 12, paragraph, 0289) and wherein the pigments chose from mineral (inorganic) pigments include metal oxides of iron oxides and chromium oxides as claimed in claim 12 (see page 12, paragraph, 0279) and organic pigments include carmine and quinacridone as claimed in claim 13 (see page 12, paragraph, 0281), wherein the cosmetically acceptable medium include a mixture of water and ethanol in the amounts of 0.1% to 99% by wt., as claimed in claims 15-16 (see page 18, paragraphs, 0453-0455), wherein the leave-on time between the pretreatment composition and the cosmetic composition may range from 30 seconds to 15 minutes as claimed in claim 17 (see page 19, paragraph, 0472), wherein the cosmetic composition comprises at least one thickener as claimed in claim 20 (see page 18, paragraph, 0452), wherein the application of the cosmetic composition to the hair has a leave-on time that may range from 1 minute to 30 minutes as claimed in claim 22 (see page 19, paragraph, 0478).
The instant claims differ from the teaching of Brun et al. (US’ 446 A1) by reciting a method for dyeing keratinous material, wherein the claimed method comprises applying to the keratinous material a first agent that comprises at least one chromophoric (pigment) compound.
However, Brun et al. (US’ 446 A1) teaches a process for treating keratin fibers, wherein the pigment (chromophoric) is applied to the keratin fibers in the second step (see claim 15).
Lechner et al. (WO’ 736 A1) in analogous art of keratinous material dyeing formulation, teaches a method for dyeing keratinous material comprising applying to the keratinous material an agent (a) containing at least one organic silicon compound and (a2) at least one first chromophoric compound comprising at least one pigment based on a lamella substrate plate as claimed in claim 1 and 14 (see English Abstract of the Patent No. (WO’ 736 A1)). Lechner et al. (WO’ 736 A1) also teaches silicon compounds having a formula (IV) that represented by the compounds include methyltrimethoxysilane, methyltriethoxysilane and n-hexyltrimethoxysilane as claimed in claims 7 and 8 (see pages 111-112, in English translation, of the Patent No. (WO’ 736 A1)).
Therefore, in view of the teaching of Lechner et al. (WO’ 736 A1), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to modify the method taught by Brun et al. (US’ 446 A1) by utilize a process for dyeing keratin fibers by applying to the keratin fibers organic silicon compounds and pigment (chromophoric) compound in a composition for dyeing keratinous fiber as taught by Lechner et al. (WO’ 736 A1) to arrive at the claimed invention. Such a modification would be obvious based on the teaching of Lechner et al. (WO’ 736 A1), that refers to utilize chromophoric compound in a mixture with organic silicon compounds for dyeing keratinous fibers, and, thus, the person of the ordinary skill in the art would expect such a dyeing process to have similar property to those claimed, absent unexpected results.
4 Regarding the limitations of claim 21, Brun et al. (US’ 446 A1) clearly teaches organic silicon compound presents in the pretreatment composition in the amounts ranging from 0.% to 20% by wt., (see page, 4, paragraph, 0103) and at least volatile solvent comprises water in the cosmetic composition in the amount of from 0.1% to 95% by wt., as claimed in the second agent (see page 15, paragraph, 0355).
Therefore, in view of the teaching of Brun et al. (US’ 446 A1), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to optimize the weight ratio between the dyeing ingredients in the dyeing composition in order to get the maximum effective amounts of the these ingredients in the dyeing composition, and, thus, the person of the ordinary skill in the art would expect such as process to have similar property and similar results to those claimed, absent unexpected results.
conclusion
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/EISA B ELHILO/
Primary Examiner, Art Unit 1761