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 .
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gadol (US 2020/0005332) in view of Takagaki (US 2023/0021574).
Gadol teaches a system providing information on ethical and sourcing information of a cosmetic product comprising a chemical production network (100) produced from one or more input material(s) (A, B, C, D, E) through one or more chemical process(es) of the chemical production network, wherein the one or more input material(s) and/or the one or more chemical process(es) are associated with environmental attribute(s). Gadol teaches [0030] “implements a technique allowing verification and traceability, and full transparency on the origins of a cosmetic product, which may include a combination of various ingredients and/or chemicals in its composition. More specifically, the system allows transparency to the customer on the formula, packaging, manufacturing and transportation related to the cosmetic product. The system allows verification of the origin and safety of the materials or ingredients used. Such verification may confirm a standard certification (such as USDA organic), or it may provide a trusted sustainability score.” Gadol further teaches a production operating apparatus configured to generate the digital asset by providing a decentral identifier associated with the produced cosmetic product and linking the decentral identifier to the environmental attribute(s). Gadol further teaches [0040] “the product package may include a visible printed code such as a bar code or a QR code. The user may use an image capturing device or other type of scanner to read the printed code and capture the unique identification data from the printed code. After detecting or reading the code on the package, the mobile device 401 transmits the code to the authentication management center 301.”
Gadol fails to teach the production of isocyanate composition instead of the cosmetic product as disclosed in Gadol.
Takagai teaches a system of producing isocyanate using different start materials.
It would have been obvious to one having ordinary skill in the art to produce isocyanate with the system of Gadol in order ensure verification of the origin and safety of the materials or ingredients used.
Regarding claim 17, the isocyanate composition associated with the digital asset is selected from one or more toluene diisocyanate (TDI)-based isocyanates, in particular 2,4-toluene diisocyanate (TDI), 2,6-toluene diisocyanate (TDI), dimeric TDI or mixtures thereof, one or more methylene diphenyldiisocyanate (MDI)-based isocyanates, in particular monomeric MDI, preferably 4,4'-MDI and/or 2,4'-MDI, carbodiimide modified MDI, preferably carbodiimide modified 4,4'-MDI, polymeric MDI, preferably polymeric 4,4-MDI, and prepolymers and mixtures thereof, one or more isophorone diisocyanate (IPDI)-based isocyanates, one or more tetramethylene diisocyanate-based isocyanates, one or more pentamethylene diisocyanate-based isocyanates, one or more hexamethylene diisocyanate (HDI)-based isocyanates, one or more naphthylene diisocyanate (NDI)-based isocyanates; and oligomers and mixtures thereof. Takagaki [0210])
Regarding claim 18, includes mass balanced environmental attributes related to the input material(s). Gadol [0044]
Regarding claim 19, the one or more environmental attribute(s) associated with the cosmetic product are provided from at least one balancing account configured to store environmental attribute(s) associated with input material(s). Gadol [0042]
Regarding claim 20, the one or more environmental attribute(s) are associated with at least one property related to the environmental impact of the one or more input material(s) and/or the chemical process(es). Gadol [0041-0042]
Regarding claim 21, the production operating apparatus is configured to gather environmental attributes associated with the produced isocyanate composition before, during and/or after production of the isocyanate composition by the chemical production network. Gadol [0041-0042]
Regarding claim 22, the chemical production network include the environmental attribute(s) associated with the input material(s), the chemical process(es) and/or the chemical production network(s). Gadol [0041-0042]
Regarding claim 23, in the environmental attribute(s) associated with input material(s) are provided before, during and/or after production of the cosmetic composition by the chemical production network, wherein the environmental attribute(s) associated with input material(s) are allocated to at least one balancing account before, during and/or after production of the cosmetic composition by the chemical production network. Gadol [0041-0042]
Regarding claim 24, the environmental attribute(s) associated with the produced isocyanate composition relate to environmental properties generated from process data associated with the chemical processing of the input material(s) and/or energy data associated with the energy consumption of the chemical processing, wherein the environmental attribute(s) associated with the produced isocyanate composition are generated before, during and/or after production of the isocyanate composition by the chemical production network. Gadol [0041-0042]
Regarding claim 25, Gadol teaches producing cosmetic product from one or more input material(s) through one or more chemical process(es) of a chemical production network, wherein the one or more input material(s) and/or the one or more chemical process(es) are associated with environmental attribute(s); generating the digital asset by providing a decentral identifier associated with the produced isocyanate composition and one or more environmental attribute(s) associated with the one or more input material(s) and/or the one or more chemical process(es); linking the decentral identifier and the one or more environmental attribute(s); providing the produced cosmetic product in association with the digital asset. (refer to claim 16 above)
Gadol fails to teach the production of isocyanate composition instead of the cosmetic product as disclosed in Gadol.
Takagai teaches a system of producing isocyanate using different start materials.
It would have been obvious to one having ordinary skill in the art to produce isocyanate with the system of Gadol in order ensure verification of the origin and safety of the materials or ingredients used.
Regarding claim 26, a digital asset including a decentral identifier associated with the isocyanate composition and linked to one or more environmental attribute(s) of the one or more input material(s) and/or the one or more chemical process(es) used to produce the cosmetic product. Gadol [0041-0042]
Regarding claim 27, the isocyanate composition is selected from is selected from one or more toluene diisocyanate (TDI)-based isocyanates, in particular 2,4-toluene diisocyanate (TDI), 2,6-toluene diisocyanate (TDI) dimeric TDI or mixtures thereof, one or more methylene diphenyldiisocyanate (MDI)-based isocyanates, in particular monomeric MDI, preferably 4,4'-MDI and/or 2,4'-MDI, carbodiimide modified MDI, preferably carbodiimide modified 4,4'-MDI, polymeric MDI, preferably polymeric 4,4-MDI, and prepolymers and mixtures thereof, one or more isophorone diisocyanate (IPDI)-based isocyanates, one or more tetramethylene diisocyanate-based isocyanates, one or more pentamethylene diisocyanate-based isocyanates, one or more hexamethylene diisocyanate (HDI)-based isocyanates, one or more naphthylene diisocyanate (NDI)-based isocyanates; and oligomers and mixtures thereof. Takagaki [0210])
Regarding claim 28, Gadol teaches the method comprising providing a decentral identifier associated with the cosmetic product composition and one or more environmental attribute(s) of the one or more input material(s) and/or the one or more chemical process(es) used to produce the cosmetic compostion; linking the decentral identifier and the environmental attribute(s); providing the digital asset in association with the produced cosmetic composition, wherein the environmental attribute(s) associated with the isocyanate composition is made accessible to a user of the cosmetic composition through the digital asset. (Refer to claim 16 rejection above)
Gadol fails to teach the production of isocyanate composition instead of the cosmetic product as disclosed in Gadol.
Takagai teaches a system of producing isocyanate using different start materials.
It would have been obvious to one having ordinary skill in the art to produce isocyanate with the system of Gadol in order ensure verification of the origin and safety of the materials or ingredients used.
Regarding claim 29, a digital asset as generated according to the method of claim 28. Gadol [0041-0042]
Regarding claim 30, a method comprising using the digital asset generated according to the method of claim 28 and producing a product from the cosmetic composition associated with the digital asset. Gadol [0041-0042]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JYOTI NAGPAUL whose telephone number is (571)272-1273. The examiner can normally be reached M-F 9am to 5pm, EST.
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/JYOTI Mutreja/Primary Examiner, Art Unit 1798
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