DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 07, 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 03/07/2024 in the matter of Application N° 18/689,892. Said documents are entered on the record. The Examiner further acknowledges the following:
Thus, claims 1-16, and 18-21, represent all claims currently under consideration. Claims 1-16 are currently amended. Claim 17 is cancelled. New claims 18-21 are added.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claims recite a “sebum-adsorbing” composition/material. However, it is unclear whether the term is intended to mean sebum-adsorbing (i.e. surface binding of sebum) or sebum-absorbing (i.e. uptake of sebum into the bulk of the material). Adsorption and absorption are distinct physical mechanisms with different structural and functional implications, and the specification does not provide a definition or description sufficient to clarify which mechanism is intended.
Accordingly, one of ordinary skill in the art would not be able to determine the scope of the claimed invention with reasonable certainty.
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 1-16, and 18-21, are rejected under 35 U.S.C. 103 as being unpatentable over Neuba et al. (DE102019218236A1), and Neuba et al. (DE102019218234A1) in view of Aubert et al. (US20170216181A1), Hofrichter et al. (US20030108501A1), and Knappe et al. (De102017215328A1).
Regarding claims 1, 8, 18, 19, and 21, Neuba et al. teach a method for enhancing the hair feel of keratinous material that has been colored using at least one pigment. This method involves applying a post-treatment product to the colored keratin material and rinsing it off again after an exposure time. The post-treatment agent (N-1) contains water, (N-2) has a pH of 2.5 to 12.5, and (N-3) contains at least one fat component (See abstract and Description paragraphs 1 and 2). The aftertreatment agent contains water (N-1) or comprises an aqueous carrier. The water content in the aftertreatment agent is particularly preferably set to a certain range of values (See paragraph 0120). The procedure described in claim 1 involves applying the after-treatment agent to keratin material that has been colored using a minimum of one pigment and one amino-functionalized silicone polymer (See claim 2).
Regarding claim 2, Neuba et al. teach the process described in claim 2 involves applying an after-treatment agent to keratin material that has been colored using at least one silicone polymer that has been amino-functionalized with at least one secondary amino group (See claim 3).
Regarding claim 3, Neuba et al. teach the method according to one of claims 2 to 3, characterized in that the after-treatment component is applied to keratin material which has been colored by the application of at least one amino-functionalized silicone polymer comprising at least one structural unit of the formula (Si-Amino), Where ALK1 and ALK2 independently represent a linear or branched, divalent C1-C20 alkylene group (See claim 4).
Regarding claim 4, Neuba et al. teach the method according to one of claims 2 to 4, characterized in that the after-treatment component is applied to keratin material which has been colored by the application of at least one amino-functionalized silicone polymer comprising structural units of formula (Si-I) and formula (Si-II) (See claim 5).
Regarding claim 5, Neuba et al. teach the method according to any one of claims 1 to 5, characterized in that the after-treatment component is applied to keratin material which has been colored by the application of at least one inorganic pigment, wherein the inorganic pigment is preferably selected from the group consisting of colored metal oxides, metal oxide hydrates, metal hydroxides, metal, sulfides, silicates, metal sulfates, complex metal cyanides, bronze pigments and/or colored pigments based on micaceous oxide, or mica-based colored pigments coated with at least one metal oxychloride and and/or metal oxide (See claim 6 and paragraph 0073).
Regarding claim 6, Neuba et al. teach the method according to any one of claims 1 to 6, characterized in that the after-treatment component is applied to keratin material which has been colored by the application of at least one organic pigment, wherein the organic pigment is preferably selected from the group consisting of carmine, sorghum, quinacridone, phthalocyanine, blue pigments with the color index numbers CI 42090, CI 69800, CI 69825, CI 73000, CI 74100, CI 74160, and yellow pigments having the color index numbers CI 11680, etc. (See claim 7 and paragraph 0081).
Regarding claim 10, Neuba et al. teach for instance, potatoes, corn, rice, peas, acorns, chestnuts, barley, wheat, bananas, sago, millet, sorghum, oats, rye, beans, and cassava can all provide a starch that can be used in accordance with the invention (See paragraph 0142).
Regarding claims 14, and 16, Neuba et al. teach a technique for enhancing the feel of keratinic material that has been dyed with at least one pigment involved applying a post-treatment agent to the colored keratin material and rinsing it off once more after a period of exposure. The second topic of this application is a technique for dyeing and post-treating keratinic fibers, specifically human hair, which involves applying the previously mentioned post-treatment agent after first using a coloring agent that contains at least one amino silicone and at least one pigment. A multi-component packaging unit that includes the previously mentioned colorant and after treatment agent in independently packaged containers is the third subject matter of the current application (See Description paragraphs 1, 2, and 3).
However, Neuba et al. do not teach wherein the after-treatment agent comprises at least one sebum-absorbing substance.
Aubert et al. teach dry shampoos, either in powder or spray form, have been used for many years to wash keratin materials. They make it possible to swiftly remove extra sebum without moistening the hair. They work by absorbing sebum through the use of powders selected for their capacity to do so (See paragraph 0001). According to Aubert et al. the use of at least one sebum-absorbing powder and/or a styling powder in combination with particles encasing at least one beneficial agent that can release the beneficial agent in the presence of water made it possible to provide the cleansing qualities expected of a dry shampoo as well as styling qualities like giving the head of hair volume and body a clean, fresh feel that lasts over time (See paragraph 0005). One or more sebum-absorbing powders having a sebum uptake of at least 35 ml/100 g may be included in the mixture (See paragraph 0013). “Sebum-absorbing powder” means a powder that is capable of absorbing and/or adsorbing sebum, which has a sebum uptake of greater than or equal to 35 ml/100 g. (See paragraph 0014).
Regarding claim 9, Aubert et al. teach the sebum-absorbing powder may be chosen from starches (See paragraph 0026), calcium silicates (See paragraph 0027), perlites (See paragraph 0028), zeolites (See paragraph 0029), polylactic acids (See paragraph 0030), silicas (See paragraph 0031), polyamide powders (See paragraph 0032), powders of acrylic polymers (See paragraph 0033), modified starches (See paragraph 0175, number 20).
Regarding claim 10, Aubert et al. teach the powders that are utilized could come from rice, wheat, or minerals, or they could be synthetic (See paragraph 0002). The starches which can be used in the present invention are, for example, potato starch, rice starch, wheat starch, and cassava starch (See paragraph 0040).
Regarding claims 11, 12, 13, and 20, Aubert et al. teach at least one sebum-adsorbing substance. suitable powders such as aluminum starch octenylsuccinate and distarch phosphate, hydroxyethyl starch phosphate, hydroxypropyl starch phosphate (See paragraph 0056) (See paragraph 0043). The sebum-absorbing powders may be present in an amount preferably ranging from 0.1% to 99% by weight, relative to the total weight of the composition (See paragraph 0071). The physical blowing agents which include water, carbon dioxide, and nitrogen. Air, nitrogen, and carbon dioxide are the propellants that can be utilized in the composition in accordance with the invention. The composition as stated in claim 19, in which at least one propellant is selected from carbon dioxide, nitrogen, air, or combination of these. According to claim 19, the composition contains at least one propellant in a weight percentage that ranges from roughly 10% to 95% of the composition’s total weight (See paragraph 0108, and 0175). Furthermore, given the same temperature and pressure circumstances, the fatty compounds are often soluble in organic solvents like ethanol (See paragraph 0114).
However, Auber et al. et al. do not disclose 2.0 to 20 wt. % of ethanol.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, at the time of the invention, to modify the compositions of Neuba et al. to include aluminum starch octenylsuccinate as the sebum-adsorbing substance as taught by Auber et al. because Auber et al. expressly identify aluminum starch octenylsuccinate as a suitable sebum-adsorbing powder for cosmetic compositions, such substitution represents the use of a known sebum-adsorbing agent for its well-recognized function of absorbing sebum and would have involved no more than routine optimization of known cosmetic ingredients to achieve predictable results.
However, Auber et al. do not teach the method wherein the at least one pigment is selected from the group consisting of pigments based on a lamellar substrate platelet, pigments based on a lenticular substrate platelet, and vacuum-metalized pigments.
Regarding claim 7, Hofrichter et al. teach that solid particles can be used as pigments or coloring agents. In the pigment/coatings/cosmetics art, pigments are by definition, solid particle that are: insoluble in the application medium, and dispersed to impart color and/or optical effects. This explicitly includes lamellar(platelet-shaped) solid particles. Lamellar substrate platelet pigments = classic solid-particle pigments (See paragraph 0003). The particle may be colored or non-colored. Suitable powders include titanium dioxide (See paragraph 0056), and inorganic pigments such as iron oxides (See paragraph 0057), which is a part of the Lenticular glass platelet pigments coatings.
However, Hofrichter et al. do not teach wherein combing out the post-treatment agent out of the dyed keratinous fibers.
Regarding claim 15, Knappe et al. teach that the current invention provides a method for simultaneously temporarily dyeing and purifying keratinic fibers, specifically human hair, by applying a cosmetic composition in accordance with the invention. The cosmetic mixture is applied to keratinous fibers in order to clean them and temporarily color them. The composition may then be extracted from the keratinic fiber, at least in part, in a subsequent phase. For instance, mechanical action on the fibers, like brushing or combing them, can do this (See Description paragraph 91).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the method of Hofrichter et al. to include combing out the post-treatment agent from the dyed keratinous fibers as taught by Knappe et al. because Knappe et al. demonstrate that mechanical actions such as brushing or combing are known and effective techniques for removing cosmetic compositions from hair following treatment. Incorporating such a step would have involved the predictable use of a known hair-care technique to remove residual treatment compositions, yielding no more than expected results and representing a routine optimization of known cosmetic treatment methods.
Conclusion
No claim is allowed.
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.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KIMBERLY BARBER/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615