DETAILED ACTION
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 .
Priority
The examiner notes that there is no certified English translation of the foreign application JP2022-010433. If the applicant wants the application to be accorded benefit of the non-English language application, a certified translation is required.
A date of 01/12/2023 was used for priority.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/13/2024 is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Imidazolidinone Derivatives Compositions for Cosmetics.
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.
Claims 1-11 are 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 parentheses in claims 1 and 8 renders the claims 1-11 indefinite because it is unclear whether the limitations within the parentheses are a required part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-2, 4-9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by MORI (MORI et al., JP2019014709A, 2019-01-31, IDS).
The reference MORI teaches “[Example 43] Preparation of facial cleanser (Cosmetic composition 43) Cosmetic composition 43 was prepared by heating and dispersing the ingredients listed in Table 44 in the amounts listed in Table 44 to 80°C, and then cooling to room temperature. As a result, cosmetic product 43 exhibited excellent stability and usability. Note that the numbers in Table 44 represent mass percentages” [0118] and “(Table 44) Ingredients Example 43 BG 1.0000 DPG 0.5000 PEG/PPG-300/55 Copolymer 0.5000 PEG-160M 0.0100 PEG-32 0.5000 PEG-400 0.1000 PEG-8 0.5000 PG 0.5000 PPG-24 Glycereth-24 0.5000 Isopentyl Diol 0.1000 Ethanol 0.1000 Glycerin 3.0000 Diglycerin 0.5000 Cetanol 0.1000 Sorbitol 0.5000 Propanediol 0.5000 Behenyl Alcohol 0.1000 Jojoba Alcohol 0.1000 Maltitol 0.5000 Potassium Hydroxide 4.0000 Sodium Hydroxide 0.1000 Iron Oxides 0.0010 Red 226 0.0010 Glyceryl (Ethylhexanoate/Stearate/Adipic Acid) 0.1000 Hydrogenated Castor Oil Isostearate 0.1000 Rice Germ Oil 0.1000 Shea Butter 0.1000 Ascorbyl Dipalmitate 0.1000 Diisopropyl Sebacate 0.1000 Jojoba Esters 0.1000 Jojoba Seed Oil 0.1000 Macadamia Nut Fatty Acid Phytosteryl 0.1000 Meadowfoam Oil 0.1000 Sucrose Laurate 0.1000 Phytosteryl/Octyldodecyl Lauroyl Glutamate 0.1000 Fragrance 0.1000 Squalane 0.1000 Soluble Collagen 0.1000 Disodium Phosphate 0.1000 Sodium Chloride 0.1000 Aluminum Sulfur Silicate 0.1000 Polymethylsilsesquioxane 0.5000 (Glyceryl Methacrylate/Stearyl Methacrylate) Copolymer 0.1000 Carbomer 0.1000 Cellulose Gum 0.1000 Hydroxypropyl Methylcellulose 0.1000 PolyHEMA Glucoside 0.1000 Polyquaternium-7 0.1000 Polymethacryloyloxyethyl Phosphorylcholine 0.1000 Methyl Methacrylate Crosspolymer 0.1000 BHT 0.0100 Arginine 0.0100 Ethylparaben 0.0100 Citric Acid 0.0010 Sodium citrate 0.0010 Glycyrrhetinyl stearate 0.0100 Ceramide 2 0.0100 Tocopherol 0.0100 Trehalose 0.0100 Sodium trehalose sulfate 0.0100 Ascorbyl palmitate 0.0100 Phenoxyethanol 0.0100 Butylparaben 0.0100 Propylparaben 0.0100 Betaine 0.0100 Pentasodium pentetate 0.0100 Methylparaben 0.0100 Menthoxypropanediol 0.0100 Lecithin 0.0100 Tocopheryl acetate 0.0100 Hydrogenated lecithin 0.0100 Hydrogenated lecithin 0.0100 Charcoal 0.0100 Kaolin 0.1000 Silica 0.5000 Talc 0.5000 Polyethylene 0.1000 Crystalline Cellulose 0.1000 Titanium Dioxide 0.0100 (Caprylic/Capramid) Propyl Betaine 0.1000 (Glycerin/Oxybutylene) Copolymer Stearyl 0.1000 PEG-40 Hydrogenated Castor Oil Isostearate PCA 0.1000 Glycereth-25 Isostearate PCA 0.1000 PEG-100 Hydrogenated Castor Oil 0.1000 PEG-3 Lauramide 0.1000 PEG-20 Glyceryl Isostearate 0.1000 Polyglyceryl-10 Oleate 0.1000 Polyglyceryl-2 Oleate 0.1000 Cocamide DEA 0.1000 Potassium Cocoyl Glycinate 0.1000 TEA Cocoyl Glutamate 0.1000 Glycol Distearate 0.1000 PEG-30 Dipolyhydroxystearate 0.1000 Decyl Glucoside 0.1000 Polyglyceryl-2 Tetraoleate 0.1000 PEG-20 Glyceryl Triisostearate 0.1000 Sodium Trideceth-4 Carboxylate 0.1000 Methyl Gluceth-10 0.1000 PEG-7 Glyceryl Cocoate 0.1000 Polyglyceryl-10 Laurate 0.1000 Laureth-1 Phosphate 0.1000 Isopropyl Lauroyl Sarcosinate 0.1000 Isostearic Acid 0.1000 Oleic Acid 0.1000 Stearic Acid 8.0000 Palmitic acid 8.0000 Myristic acid 8.0000 Lauric acid 8.0000 Linoleic acid 0.1000 Beeswax 0.1000 Disodium cocoamphodiacetate 0.1000 Compound represented by the general formula (1) of the present invention (KSK32) 1.0000 The mixed extract 1 of the present invention 1.0000 4-Methoxysalicylic acid potassium salt 4.0000 Arbutin 8.0000 Ascorbic acid glucoside 3.0000 4-n-butylresorcinol 0.4000 Tranexamic acid cetyl hydrochloride 3.0000 Retinol 0.1000 Isosorbide 0.1000 Diisopropylidene-D-mannitol 0.1000 1-(2-hydroxyethyl)-2-imidazolidinone 0.1000 1-(2-hydroxyethyl)-2-pyrrolidone 0.1000 Water 25.9660” [0119]. The reference also teaches “The present invention relates to a topical skin composition suitable for cosmetics (including quasi-drugs), and more specifically, to a topical skin composition characterized by containing 1) a compound represented by the following general formula (1), its isomers and/or pharmaceutically acceptable salts thereof, and 2) specific plant extracts, compounds, etc. [In the formula, R1 represents a linear or branched alkyl group having 1 to 4 carbon atoms substituted with a carboxyl group, or a linear or branched alkyl group having 1 to 4 carbon atoms substituted with a carboxylic acid ester group having an alkyl chain of 1 to 4 carbon atoms, and R2 and R3 each independently represent a linear or branched alkyl group having 1 to 4 carbon atoms”[0001] This anticipates claims 1-2 and 4-7, wherein R1=H and R2= C2 linear alkyl having 1 OH.
Since the active step of claim 8 is taught by MORI the enhancing transdermal permeating is inherent to active step. Thus the method of claim 8 is taught. This anticipates claim 8-9 and 11.
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.
Claim(s) 1, 3, 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over MORI (MORI et al., JP2019014709A, 2019-01-31, IDS) further in view of PARK (PARK et al., US 20200170894 A1, 2020-06-04).
The reference MORI has been discussed supra and does not disclose the specific surfactants of claims 3 and 10.
The reference PARK teaches “The present disclosure relates to rinse-off cleansing compositions that include anionic surfactants, fatty alcohols, thickening agents, and emulsifiers. The cleansing compositions are particularly useful for cleaning and conditioning the body/skin and hair”[0001] and “In some embodiments, the compositions of the present disclosure further comprise one or more amphoteric surfactants (h). Amphoteric surfactants include, for example, betaines, alkyl sultaines, alkyl amphoacetates, amphoproprionates, salts thereof, and a mixture thereof. Non-limiting examples betaines include coco betaine, cocamidopropyl betaine, lauryl betaine, laurylihydroxy sulfobetaine, lauryldimethyl betaine, behenyl betaine, capryl/capramidopropyl betaine, stearyl betaine, and a mixture thereof”[0056-0057].
The reference also teaches “Useful non-sulfate anionic surfactants include, but are not limited to, alkyl sulfonates, alkyl sulfosuccinates, alkyl sulfoacetates, acyl isethionates, alkoxylated monoacids, acyl amino acids such as acyl taurates, acyl glycinates, acyl glutamates, acyl sarcosinates, salts thereof, and a mixture thereof. Non-limiting examples of useful non-sulfate anionic surfactants are provided below”[0072] and “Non-limiting examples of useful acyl glycinates include those of formula (VIII): wherein R is an alkyl chain of 8 to 16 carbon atoms. Sodium is shown as the cation in the above formula (VIII) but the cation may be an alkali metal ion such as sodium or potassium, ammonium ions, or alkanolammonium ions such as monoethanolammonium or triethanolammonium ions. Non-limiting examples of acyl glycinates include sodium cocoyl glycinate, sodium lauroyl glycinate, sodium myristoyl glycinate, potassium lauroyl glycinate, and potassium cocoyl glycinate, and in particular sodium cocoyl glycinate”[0117-0118]. Furthermore, the reference teaches “Further non-limiting examples of water-soluble solvents include alkanediols (polyhydric alcohols) such as glycerin, 1,2,6-hexanetriol, trimethylolpropane, ethylene glycol, propylene glycol, diethylene glycol, triethylene glycol, tetraethylene glycol, pentaethylene glycol, dipropylene glycol, 2-butene-1,4-diol, 2-ethyl-1,3-hexanediol, 2-methyl-2,4-pentanediol, (caprylyl glycol), 1,2-hexanediol, 1,2-pentanediol, and 4-methyl-1,2-pentanediol; alkyl alcohols having 1 to 4 carbon atoms such as ethanol, methanol, butanol, propanol, and isopropanol; glycol ethers such as ethylene glycol monomethyl ether, ethylene glycol monoethyl ether, ethylene glycol monobutyl ether, ethylene glycol monomethyl ether acetate, diethylene glycol monomethyl ether, diethylene glycol monoethyl ether, diethylene glycol mono-n-propyl ether, ethylene glycol mono-iso-propyl ether, diethylene glycol mono-iso-propyl ether, ethylene glycol mono-n-butyl ether, ethylene glycol mono-t-butyl ether, diethylene glycol mono-t-butyl ether, 1-methyl-1-methoxybutanol, propylene glycol monomethyl ether, propylene glycol monoethyl ether, propylene glycol mono-t-butyl ether, propylene glycol mono-n-propyl ether, propylene glycol mono-iso-propyl ether, dipropylene glycol monomethyl ether, dipropylene glycol monoethyl ether, dipropylene glycol mono-n-propyl ether, and dipropylene glycol mono-iso-propyl ether; 2-pyrrolidone, N-methyl-2-pyrrolidone, 1,3-dimethyl-2-imidazolidinone, formamide, acetamide, dimethyl sulfoxide, sorbit, sorbitan, acetine, diacetine, triacetine, sulfolane, and a mixture thereof”[0188].
This helps to teach claims 3 and 10.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified MORI with PARK because MORI teaches a facial cleanser that contains Potassium Cocoyl Glycinate and PARK teaches rinse-off cleansing compositions that include anionic surfactants including potassium cocoyl glycinate, and in particular sodium cocoyl glycinate. Thus Park provides support that the use of either in a skin wash is a well-known use. It would have been obvious to one of ordinary skill in the art to substitute potassium cocoyl glycinate with sodium cocoyl glycinate with reasonable expectation of success because they have both been taught for the same purpose as anionic surfactants cleansing components. One would have been motivated to do so because PARK favors sodium cocoyl glycinate by specifically pointing it out and because they are both used for the same purpose.
Conclusion
Claims 1-11 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON AZAR HASTINGS whose telephone number is (703)756-4584. The examiner can normally be reached Mon-Thurs 7:30am-5pm EST Friday 7:30-4pm EST (every other Friday off).
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/A.A.H./ Examiner, Art Unit 1627
/Kortney L. Klinkel/ Supervisory Patent Examiner, Art Unit 1627
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