DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements submitted on 6 June 2024 and 7 October 2025 were filed before the mailing of an Office action. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Status of the Claims
Claims 1-15 filed in the Preliminary Amendment filed 6 June 2024 are pending.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Friedrich et al. (US 2016/0340290 A1).
Regarding claims 1-13, Friedrich et al. disclose O/W emulsion formulations comprising: (a) 7 wt.% decyl cocoate and 6 wt.% isoamyl cocoate; (b) 1.5 wt.% cetearyl alcohol; (c) 0.5 wt.% citric acid; (d) 2 wt.% polyglyceryl-6 stearate (HLB = 9); (e) 0.2 wt.% xanthan gum and 2 wt.% cellulose; (f) 1.6 wt.% iron oxides, magnesium aluminum silicate, titanium dioxide, cellulose; and (g) water ([0012], [0108], [0110], [0147], [0194], [0196], [0212]).
Regarding claim 15, Friedrich et al. disclose that the formulations are natural make-up foundation (i.e. for application to skin) ([0212]).
Claims 1-9, 11-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meyer et al. (US 2017/0000709 A1).
Regarding claims 1-9 and 11-13, Meyer et al. disclose an O/W Blemish Balm Lotion comprising: (a) ethylhexyl methoxycinnamate 5.00% and diethylhexyl carbonate 7.40%; (b) stearyl alcohol 0.75%; (c) hydrolyzed hyaluronic acid 0.10%; (d) polyglyceryl-6 stearate (HLB = 9): polyglyceryl-6 behenate (HLB = 13) 2.0%; (e) polyquaternium-37 0.5% and stearyl alcohol 0.75%; (f) titanium dioxide 3%, talc 2% and iron oxides 0.56%; and (g) water ([0166]).
Regarding claim 15, Meyer et al. disclose that the formulations have a pleasantly light, non-sticky skin feel ([0030]).
Claims 1-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roux et al. (US 2020/0022899 A1).
Regarding claims 1-13, Roux et al. disclose a cosmetic composition in the form of an O/W emulsion comprising: (a) jojoba esters, coco-caprylate/caprate 2 wt.%, dicaprylyl ether 5 wt.%; (b) behenyl alcohol 1 wt.%; (c) capryloyl salicylic acid 0.15 wt.%; (d) polyglyceryl-6 distearate (HLB = 9); (e) hydroxypropyl starch phosphate 0.88 wt.%, fatty alcohols and acrylamide/sodium acrylamido-2-methylpropanesulfonate copolymer acid 0.96 wt.%; (f) sodium stearoyl glutamate 0.2 wt.%; and (g) water ([0330]-[0337]).
Regarding claim 15, Roux et al. disclose that the composition of oil-in-water emulsion type, which is the subject of the present invention, applied to the skin, forms a film on the skin which shows good resistance in a long-lasting manner, such as for at least 3 hours, and moisturizes the skin while at the same time remaining sparingly tacky and pleasant-feeling ([0337]).
Claims 1-2, 4, 6, 8, 10, 12 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mintel (Intensive Eye Cream, 2021).
Regarding claims 1-2, 4, 6, 8, 10, 12 and 14, Mintel discloses an eye cream composition comprising: (a) caprylic/capric triglyceride, dicaprylyl ether and jojoba esters; (b) cetearyl alcohol; (c) ascorbic acid and hyaluronic acid; (d) polyglyceryl-6 distearate (HLB = 9), polyglyceryl-10 laurate (HLB = 15.5) and polyglyceryl-10 myristate (HLB = 13.5); (e) sclerotium gum; (f) dimethicone/vinyl dimethicone crosspolymer; (g) water; and (h) niacinamide (Ingredients).
Mintel does not explicitly state that the eye cream is in the form of an oil-in-water emulsion, as instantly claimed. However, water is the ingredient which is in the largest amount and the composition comprises only O/W emulsifiers of HLB higher than 8. The composition is therefore necessarily in the form of an O/W emulsion.
Regarding claim 15, Mintel discloses that the intensive eye cream is a dual functional cosmetic for anti-wrinkle and whitening (Product Description).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nathan W Schlientz whose telephone number is (571)272-9924. The examiner can normally be reached 10:00 AM to 6:00 PM, Monday through Friday.
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/N.W.S/Examiner, Art Unit 1616
/SUE X LIU/Supervisory Patent Examiner, Art Unit 1616
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