Prosecution Insights
Last updated: October 01, 2026
Application No. 18/722,400

PROCESS FOR REMOVING MAKEUP FROM KERATIN FIBRES WHICH HAVE BEEN TREATED BEFOREHAND WITH A COMPOSITION COMPRISING A PHOTOCROSSLINKABLE POLYMER

Non-Final OA §103§112
Filed
Jun 20, 2024
Priority
Dec 23, 2021 — FR FR2114344 +1 more
Examiner
GEMBEH, SHIRLEY V
Art Unit
1615
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
L'Oréal
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
4m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
1036 granted / 1640 resolved
+3.2% vs TC avg
Strong +34% interview lift
Without
With
+34.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
39 currently pending
Career history
1662
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
41.0%
+1.0% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
17.4%
-22.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1640 resolved cases

Office Action

§103 §112
CTNF 18/722,400 CTNF 80889 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 Status of Claims Claims 19-38 are pending and under examination in this office action. Information Disclosure Statement Receipt is acknowledged of the Information Disclosure Statement filed November 18, 2016. The Examiner has considered the references cited therein to the extent that each is a proper citation. Please see the attached USPTO Form 1449. Claim Rejections - 35 USC § 112 07-30-02 AIA 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 Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim (s) 19-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neuba et al. (WO 202110.4709) in view of Gabin et al. (WO 2017/108767) Neuba teaches with regards to instant claim 19, a method of decolorizing (i.e., removing color) from keratin material (see claim 1), applying comprising a polymer , a surfactant ( at least an anionic , see abstract as required by instant claim 27)and an acidifying agent and a pH less than 5.5 (see claim 1), wherein the surfactant is an alkyl sulfate 9as required by instant claim 27-29) wherein the alkyl group with 8 to 30 carbon atoms (as required by instant claims 30) and the decolorization /makeup -removing composition comprises alcohols and one fatty chain from 8-30 carbons and heat is applied and combed (as required by instant claims 35-37) and also teaches the composition on the keratin fiber for 5-30 mins. The reference also teaches the concentration of the dye is 0.1-10.% falls within the recited range (as required by instant claim 25-26) However Neuba fails to teach wherein the photodimerization group is a monovalent radicals of formulae (I) and (II). Gabin teaches treating keratin substances with a composition comprising a photo -dimerizable polymer from monovalent radicals of formulae I and II PNG media_image1.png 142 193 media_image1.png Greyscale (see pg 10 as required in part by claim 19) wherein the integer p represents an integer between 1 and 5 PNG media_image2.png 64 399 media_image2.png Greyscale (see pg. 11), wherein the photodimerizable group is monovalent from stilbene, strylpyridinium isomers PNG media_image3.png 143 380 media_image3.png Greyscale (see pg 11, lines 20+ as required by instant claim 20) and represent monovalent radical str PNG media_image4.png 236 385 media_image4.png Greyscale and part of the rest of the molecule styrylpyrazine PNG media_image5.png 284 273 media_image5.png Greyscale wherein the photocrosslinkable polymer comprises at least5 one hydrophobic pendant (see abstract) and comprises PNG media_image6.png 97 130 media_image6.png Greyscale (as required by instant claim 24) It would have been obvious to one of ordinary skill in the art to have combined the cited prior art to result in the method of removing color from keratin fibers with a reasonable expectation of success because it would have been motivated to combine these references and make the modification because they are drawn to same technical fields (constituted with same ingredients and share common utilities, and pertinent to the problem which applicant concerns about. MPEP 2141.01(a). No claims are allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIRLEY V GEMBEH whose telephone number is (571)272-8504. The examiner can normally be reached M-F 9am-6pm. 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) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert A. Wax can be reached at 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 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. /SHIRLEY V GEMBEH/Primary Examiner, Art Unit 1615 3/27/26 Application/Control Number: 18/722,400 Page 2 Art Unit: 1615 Application/Control Number: 18/722,400 Page 3 Art Unit: 1615 Application/Control Number: 18/722,400 Page 4 Art Unit: 1615 Application/Control Number: 18/722,400 Page 5 Art Unit: 1615
Read full office action

Prosecution Timeline

Jun 20, 2024
Application Filed
Apr 02, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
63%
Grant Probability
97%
With Interview (+34.0%)
2y 7m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1640 resolved cases by this examiner. Grant probability derived from career allowance rate.

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