DETAILED ACTION
1 This action is responsive to the amendment filed on September 23, 2025.
2 The rejection of claims 21-26 and 28-39 under 103, is maintained for the reasons set forth in the previous Office action that mailed on 05/23/2025.
Allowable Subject Matter
3 Claim 27 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. The comparative data in the claimed specification demonstrates the criticality of the claimed species PEG-40/PPG-8 methylaminopropyl/hydroxypropyl dimethicone copolymer in the claimed invention (A1) (see pages 51-55, Examples 1 and 2, Tables 1-6).
Response to Applicant’s Arguments
4 Applicant's arguments filed 09/23/2025, have been fully considered but they are not persuasive.
With respect to the rejection of the claims under 103 over Kleen et al. (US’ 917 A1) applicant argued that there would have been no motivation to modify Kleen in the manner suggested by the Office.
The examiner respectfully, disagrees with the above arguments because Kleen et al. (US’ 917 A1) clearly teaches a hair dyeing composition comprising 2-(β-hydroxyethyl)-p-phenylenediamine as one among the particularly preferred as p-phenylenediamine derivatives (see page 4, paragraph, 0078) and wherein the dyeing composition also comprises the claimed coupler 6-hydroxybenzomorpholine (see page 8, paragraph, 0184) and wherein the dyeing composition also comprises (poly)oxyalkylenated amino silicone as claimed (see claim 22 and claim 31). Therefore, Kleen et al. (US’ 917 A1) clearly teaches and suggests a dyeing composition comprising particularly, 2-(β-hydroxyethyl)-p-phenylenediamine, the claimed coupler 6-hydroxybenzomorpholine and (poly)oxyalkylenated amino silicone. Therefore, the rejection under 103 is proper and maintained.
5 THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/EISA B ELHILO/Primary Examiner, Art Unit 1761