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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-9 in the reply filed on May 12, 2026 is acknowledged.
Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 12, 2026.
Claim Objections
Claim 1 is objected to because of the following informalities:
a) the variables “R2, R3, a, b, and c” in Formula (7) in line 3 are not legible
b) in lines 16, 17 and 18 (counting each formula as one line), “(R10), (R11)” and “(R12)” should be replaced with “(10), (11)” and “(12),” respectively to be consistent with the numbering in line 2.
Appropriate correction is required.
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.
Claims 1 and 3-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2020/0078281), hereinafter “Wang.”
Regarding claims 1, 3 and 7-8, Wang teaches in Example B2 a bar soap (i.e., a solid) which comprises 78.00 wt% soap noodles comprising tallow soap and coconut soap (i.e., anionic surfactants), 0.1 wt% hinokitiol (which meets Formula 7 in claim 1 and claim 3), among others and balance water (see Table in [0099] on page 8).
Regarding claims 4-6, even though Wang does not explicitly disclose the hinokitiol having a pKa of less than about 8, a calcium binding efficiency of less than about 7, or an iron binding efficiency greater than about 10, it would be inherent for the hinokitiol to exhibit the same properties because the same compounds have been utilized. “Products of identical composition can not have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP 2112.01 II.
Regarding claim 9, Wang also teaches that the skin cleaning composition can take the form not only as a bar but also as powder or pellets (see [0031]).
Hence, Wang anticipates the claims.
Claim Rejections - 35 USC § 103
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied to claims 1 and 3-9 above, and further in view of Sonnenberg et al. (US 2002/0173436), hereinafter “Sonnenberg.”
Regarding claim 2, Wang teaches the features as discussed above. Wang, however, fails to disclose a tropolone.
Sonnenberg, an analogous art, teaches mixtures of antimicrobial active substances in bar soaps like hinokitiol with tropolone (see [0129]-[0130]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a tropolone into the bar soap of Wang because it is known to use mixtures of antimicrobial active agents in bar soaps as taught by Sonnenberg.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references are considered cumulative to or less material than those discussed above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORNA M DOUYON whose telephone number is (571)272-1313. The examiner can normally be reached Mondays-Fridays; 8:00 AM-4:30 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, Angela Brown-Pettigrew can be reached at 571-272-2817. 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.
/LORNA M DOUYON/Primary Examiner, Art Unit 1761
Prosecution Insights