CTNF 18/731,070 CTNF 83912 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. Claims 1-20 are pending examination. Information Disclosure Statement The information disclosure statement (IDS) submitted on 7/29/2024, 10/31/2024, 4/10/2025, 4/15/2025 and 11/20/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner. 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. 07-34-01 Claims 1-20 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. Claims 1, 15 and 18 recite “essentially free of sulfate-based surfactants” which is indefinite. The specification defines sulfate-based surfactant as referring to surfactant compounds that include a sulfate group in their structure, however a list of structures is not clearly defined [00144]. Therefore, the metes and bounds of surfactants that are sulfate-based cannot be deciphered. Claims 1-14, 16, 17, 19 and 20 are rejected for depending on claims 1, 15 and 18. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-35 AIA Claim s 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-9 and 11-20 of copending Application No. 18/731,057 (herein ‘057) . Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are drawn to cosmetic compositions comprising a first anionic surfactant selected from sulfosuccinates, sulfoacetates and sarcosinates, a scalp benefit agent chosen from ceramide NP and water whereas ‘057 claims cosmetic compositions comprising a first anionic surfactant selected from sulfosuccinates, sulfoacetates and sarcosinates, a second anionic surfactant different from the first anionic surfactant and at least one humectant and optionally a conditioning agent chosen from non-silicone fatty compounds. ‘057 defines both humectants and non-silicone fatty compounds include ceramides [0181, 206]. Therefore the present claims are prima facie obvious in view of the teachings of ‘057 . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 08-35 AIA Claim s 1-6 and 8-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of copending Application No. 18/731,048 (herein ‘048) . Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are drawn cosmetic compositions comprising a first anionic surfactant selected from sulfosuccinates, sulfoacetates and sarcosinates, a scalp benefit agent chosen from ceramide NP and water whereas ‘048 claims cosmetic compositions comprising a first anionic surfactant selected from sulfosuccinates, sulfoacetates and sarcosinates, a second anionic surfactant different from the first anionic surfactant and at least one humectant and optionally a conditioning agent chosen from non-silicone fatty compounds. ‘048 defines both humectants and non-silicone fatty compounds include ceramides [0166, 197]. Therefore the present claims are prima facie obvious in view of the teachings of ‘048 . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 08-35 AIA Claim s 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 13-17 of copending Application No. 18/731,010 (herein ‘010) . Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are drawn cosmetic compositions comprising a first anionic surfactant selected from sulfosuccinates, sulfoacetates and sarcosinates, a scalp benefit agent chosen from ceramide NP and water whereas ‘010 claims cosmetic compositions comprising a first anionic surfactant selected from sulfosuccinates, sulfoacetates and sarcosinates, a second anionic surfactant different from the first anionic surfactant and at least one conditioning agent chosen from non-silicone fatty compounds. ‘010 defines non-silicone fatty compounds include ceramides [0184]. Therefore the present claims are prima facie obvious in view of the teachings of ‘010 . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 08-35 AIA Claim s 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of copending Application No. 18/680,920 (herein ‘920) . Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are drawn cosmetic compositions comprising a first anionic surfactant selected from sulfosuccinates, sulfoacetates and sarcosinates, a scalp benefit agent chosen from ceramide NP and water whereas ‘920 claims cosmetic compositions comprising a first anionic surfactant selected from sulfosuccinates, sulfoacetates and sarcosinates, a second anionic surfactant different from the first anionic surfactant and at least one conditioning agent chosen from non-silicone fatty compounds. ‘920 defines non-silicone fatty compounds include ceramides [0191]. Therefore the present claims are prima facie obvious in view of the teachings of ‘920 . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 08-35 AIA Claim s 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of copending Application No. 18/680,901 (herein ‘901) . Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are drawn cosmetic compositions comprising a first anionic surfactant selected from sulfosuccinates, sulfoacetates and sarcosinates, a scalp benefit agent chosen from ceramide NP and water whereas ‘901 claims cosmetic compositions comprising a first anionic surfactant selected from sulfosuccinates, sulfoacetates and sarcosinates, a second anionic surfactant different from the first anionic surfactant and at least one conditioning agent chosen from non-silicone fatty compounds. ‘901 defines non-silicone fatty compounds include ceramides [0171]. Therefore the present claims are prima facie obvious in view of the teachings of ‘901 . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 08-35 AIA Claim s 1-6 and 9-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of copending Application No. 18/731,045 (herein ‘045) . Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are drawn cosmetic compositions comprising a first anionic surfactant selected from sulfosuccinates, sulfoacetates and sarcosinates, a scalp benefit agent chosen from ceramide NP and water whereas ‘045 claims cosmetic compositions comprising a first anionic surfactant selected from sulfosuccinates, sulfoacetates and sarcosinates, a second anionic surfactant different from the first anionic surfactant and optionally at least one conditioning agent chosen from non-silicone fatty compounds. ‘045 defines non-silicone fatty compounds include ceramides [0192]. Therefore the present claims are prima facie obvious in view of the teachings of ‘045 . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 08-34 AIA Claim s 1, 4-6, 8, 12, 14 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 12,090,224 (herein ‘224) . Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are drawn to cosmetic compositions comprising a first anionic surfactant selected from acyl sarcosinates, a scalp benefit agent chosen from ceramide NP and water whereas ‘224 teach cosmetic compositions comprising 0.5-5% ceramide NP, 50-80% water and one more non-triglyceride or non-aromatic fatty compounds selected from acyl sarcosinates. Therefore the present claims are prima facie obvious in view of the teachings of ‘224 . 08-34 AIA Claim s 1, 2, 4-7, 9, 11, 12, 15 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 and 2 of U.S. Patent No. 11,045,406 (herein ‘406) . Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are drawn to cosmetic compositions comprising a first anionic surfactant selected from sulfosuccinates and sulfoacetates, a scalp benefit agent chosen from ceramides and water whereas ‘406 teach sulfate-free cosmetic compositions comprising disodium laureth sulfosuccinate, sodium lauryl sulfoacetate and cocobetaine with 50-70% solvent selected from water and optionally, one or more additional components selected from ceramide. Therefore the present claims are prima facie obvious in view of the teachings of ‘406 . Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 1-5, 7, 13 and 14 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by TS Houttuynia Cordata Shampoo (published May 2022) . Applicant claims a sulfate-based surfactant free composition comprising i) at least one first anionic surfactant chosen from sulfosuccinates, sulfoacetates, acyl sarcosinates, salts thereof or combinations; ii) optionally, at least one second anionic surfactant different from i); iii) optionally at least one amphoteric surfactant, iv) optionally at least one nonionic surfactants; at least one scalp benefit agent chosen from ceramide NP; and water (claim 1) TS Houttuynia Cordata Shampoo is free of sulfates sodium lauryl sulfate and sodium laureth sulfate (product description). Ingredients include water, sodium C14-16 olefin sulfonate(second anionic surfactant), coco-betaine(amphoteric surfactant), disodium laureth sulfosuccinate(first anionic surfactant), C12-13 alketh-9 (nonionic surfactant), salicylic acid (anti-dandruff agent), polyquaternium-10 (cationic conditioning agent), panthenol (non-silicone fatty compound) and ceramide NP (ingredients) . 07-15 AIA Claim s 1, 4-7, 9-13, 15 and 17 are rejected under 35 U.S.C. 102( a)(1) and 102(a)(2 ) as being anticipated by Voss et al. (EP 4382090; published June 12, 2024) . Applicant claims a sulfate based surfactant free composition comprising i) at least one first anionic surfactant chosen from sulfosuccinates, sulfoacetates, acyl sarcosinates, salts thereof or combinations; ii) optionally, at least one second anionic surfactant different from i); iii) optionally at least one amphoteric surfactant, iv) optionally at least one nonionic surfactants; at least one scalp benefit agent chosen from ceramide NP; and water (claim 1) Applicant claims a sulfate based surfactant free composition comprising i) at least one first anionic surfactant chosen from sulfosuccinates, sulfoacetates, acyl sarcosinates, salts thereof or combinations; ii) optionally, at least one second anionic surfactant different from i); iii) optionally at least one amphoteric surfactant, iv) optionally at least one nonionic surfactants; at least one scalp benefit agent chosen from ceramide NP; water, optionally at least one anti-dandruff active agent and optionally at least one conditioning agent, wherein the ratio of total first and second anionic surfactants to total amount of amphoteric surfactants is 1:1 to 6:1. (claim 15) Voss et al. disclose a sulfate free cleaning preparation comprising 3.4% cocoamidopropyl betaine (amphoteric surfactant), 5% disodium laureth sulfosuccinate (anionic surfactant), 0.5% PEG-7 Glyceryl cocoate (nonionic surfactant), 5% coco-glucoside/glyceryl oleate (nonionic surfactant), 1.8% sodium laurate (anionic surfactant), 0.50% panthenol (non-silicone fatty compound), 0.1% ceramide NP and water to q.s. (Cleaning preparation; Example 1 [0109, lines 45-19]) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 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. 07-21-aia AIA Claim s 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ceballos et al. (US 2019/0365619; published December 5, 2019) in view of Voss et al. (EP 4382090; published June 12, 2024) . Applicant claims a sulfate based surfactant free composition comprising i) at least one first anionic surfactant chosen from sulfosuccinates, sulfoacetates, acyl sarcosinates, salts thereof or combinations; ii) optionally, at least one second anionic surfactant different from i); iii) optionally at least one amphoteric surfactant, iv) optionally at least one nonionic surfactants; at least one scalp benefit agent chosen from ceramide NP; and water (claim 1) Applicant claims a sulfate based surfactant free composition comprising i) at least one first anionic surfactant chosen from sulfosuccinates, sulfoacetates, acyl sarcosinates, salts thereof or combinations; ii) optionally, at least one second anionic surfactant different from i); iii) optionally at least one amphoteric surfactant, iv) optionally at least one nonionic surfactants; at least one scalp benefit agent chosen from ceramide NP; water, optionally at least one anti-dandruff active agent and optionally at least one conditioning agent, wherein the ratio of total first and second anionic surfactants to total amount of amphoteric surfactants is 1:1 to 6:1. (claim 15) Applicant claims a method for cleansing keratin materials comprising applying a sulfate based surfactant free composition comprising i) at least one first anionic surfactant chosen from sulfosuccinates, sulfoacetates, acyl sarcosinates, salts thereof or combinations; ii) optionally, at least one second anionic surfactant different from i); iii) optionally at least one amphoteric surfactant, iv) optionally at least one nonionic surfactants; at least one scalp benefit agent chosen from ceramide NP; and water to the keratin materials and rinsing the composition from the keratin materials. (claim 18) With respect to claims 1-7, 9-11 and 13-15, Ceballos et al. disclose anti-dandruff cleansing compositions comprising: a) 1-5% salicylic acid, b) a surfactant system comprising 1-15% one or more non-sulfate anionic surfactants, 1-15% one or more amphoteric surfactants c) at least 10 wt% nonionic surfactants and water along with methods for cleansing hair (abstract; [0007-15; limitation of claims 1, 6, 9-11, 14 and 15]). Non-sulfate anionic surfactants include alkyl sulfonates, alkyl sulfosuccinates, alkyl sulfoacetates, acyl isethionates and acyl sarcosinates, specifically C10-24 olefine sulfonate, disodium laureth sulfosuccinate, sodium lauryl sulfoacetate and sodium lauroyl sarcosinate [0017, 0044-90; limitation of claims 1-5]. Amphoteric surfactants include betaines, alkyl sultaines, alkyl amphoacetates and amphopropionates [0018; limitation of claim 7]. The formulations further include 0.1-10% conditioning agents selected from cationic polymers, proteins and protein hydrolysates, non-silicone fatty compounds and silicones [0142-205; limitation of claim 13]. The anti-dandruff effect of 2% salicylic acid was compared to 0.6% selenium sulfide and 1% pyrithione zinc and found to be most effective in shampoo formulations [0284]. With respect to claim 8, Ceballos teach that the amphoteric surfactants are selected from betaines, alkyl sultaines, alkyl amphoacetates and amphopropionates. Therefore, one of ordinary skill would have been motivated to exclude betaines such as cocaminopropyl betaine and exclusively use alkyl sultaines, alkyl amphoacetates and amphopropionates in the formulations with a reasonable expectation of success. With respect to claim 16, Ceballos teach that other anti-dandruff active agents include selenium sulfide and pyrithione zinc. Therefore, one of ordinary skill would have been motivated to substitute pyrithione zinc in place of salicylic acid with a reasonable expectation of success. With respect to claims 18-20, Ceballos teach methods of treating hair with the compositions comprising contacting hair with the cleansing composition and subsequently rinsing the composition from the hair [claims 20 and 21]. With respect to claims 1, 12, 15, 17 and 18, Ceballos does not include a scalp benefit agent chosen from ceramide AP, ceramide NP or ceramide EOP. It is for this reason that is Voss is joined. Voss et al. disclose a sulfate free cleaning preparation comprising 3.4% cocoamidopropyl betaine (amphoteric surfactant), 5% disodium laureth sulfosuccinate (anionic surfactant), 0.5% PEG-7 Glyceryl cocoate (nonionic surfactant), 5% coco-glucoside/glyceryl oleate (nonionic surfactant), 1.8% sodium laurate (anionic surfactant), 0.50% panthenol (non-silicone fatty compound), 0.1% ceramide NP and water to q.s. (Cleaning preparation; Example 1 [0109, lines 45-19]). Voss teach that the compositions are applied to soothe the skin and scalp and preferably comprise at least one ceramide selected from ceramide NP, ceramide AP and ceramide EOP [0041-43]. The preferred amount of ceramide is 0.1-5% of the composition [0059]. Ceballos and Voss both teach sulfate-free cleansing compositions. Therefore, it would have been prima facie obvious to one of ordinary skill in the art to combine the teachings of Ceballos and Voss to include 0.1% ceramide NP with a reasonable expectation of success. One of ordinary skill in the art would have been motivated before the time of filing to combine the teachings of Ceballos and Voss to further include ceramide NP because Voss teaches cleansing formulations which contain at least 0.1-5% ceramide NP, AP or EOP are formulated with anionic surfactants as applied to soothe skin and scalp. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE D JOHNSON whose telephone number is (571)270-3285. The examiner can normally be reached Monday-Friday 9:00 am-5:30 pm. 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, Bethany Barham can be reached at 571-272-6175. 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. DANIELLE D. JOHNSON Examiner Art Unit 1617 /BETHANY P BARHAM/Supervisory Patent Examiner, Art Unit 1611 Application/Control Number: 18/731,070 Page 2 Art Unit: 1617 Application/Control Number: 18/731,070 Page 3 Art Unit: 1617 Application/Control Number: 18/731,070 Page 4 Art Unit: 1617 Application/Control Number: 18/731,070 Page 5 Art Unit: 1617 Application/Control Number: 18/731,070 Page 6 Art Unit: 1617 Application/Control Number: 18/731,070 Page 7 Art Unit: 1617 Application/Control Number: 18/731,070 Page 8 Art Unit: 1617 Application/Control Number: 18/731,070 Page 9 Art Unit: 1617 Application/Control Number: 18/731,070 Page 10 Art Unit: 1617 Application/Control Number: 18/731,070 Page 11 Art Unit: 1617 Application/Control Number: 18/731,070 Page 12 Art Unit: 1617 Application/Control Number: 18/731,070 Page 13 Art Unit: 1617 Application/Control Number: 18/731,070 Page 14 Art Unit: 1617 Application/Control Number: 18/731,070 Page 15 Art Unit: 1617 Application/Control Number: 18/731,070 Page 16 Art Unit: 1617 Application/Control Number: 18/731,070 Page 17 Art Unit: 1617 Application/Control Number: 18/731,070 Page 18 Art Unit: 1617 Application/Control Number: 18/731,070 Page 19 Art Unit: 1617