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 .
Response to Amendment
The Amendment filed on August 28th, 2026 has been entered. Claims 1-19 are pending in the application. Claim 1 and claim 19 are currently amended.
The rejection of claims 1-7, 10-11, 14, and 17-19 under 35 U.S.C. 103 as obvious over Renouard (FR 3106752 A1) is withdrawn.
Claim Rejections - 35 USC § 112
The rejection of claim 14 under 35 U.S.C 112(b) is withdrawn.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7, 10-11, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Renouard (FR 3106752 A1), Kitamura (WO 2022136903 A1), and Habif (US 6428775 B1).
With regard to claim 1 and claim 5, Renouard discloses a biphasic cleaning composition (see [0003]) comprising an oily phase and an aqueous phase. Renouard further discloses the oily phase may comprise C9-C12 alkanes (see [0012]) and coco capryl caprate (see [0027]). Renouard further discloses the aqueous phase can comprise from 70 to 100wt% water relative to the total mass of the aqueous phase (see [0016]).
However, Renouard fails to disclose a single embodiment comprising all aspects of the claimed invention.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the oily phase and aqueous phase of Renouard to produce a biphasic composition that has a soft and fresh texture with a soothing effect, which is particularly necessary for removing makeup from sensitive eyes (see [0003]), as disclosed by Renouard.
However, Renouard fails to disclose dimethicone and C11-C13 isoparaffins.
Kitamura discloses an oil-in-water emulsion, an analogous art (see Abstract) and a process for cleansing skin (see [0008]). Kitamura further discloses dimethicone as a volatile oil and further discloses volatile oils as useful for rapidly dissolving hardened make-up films and having a more excellent make-up removability than other oil components (see [0020]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the dimethicone of Kitamura in the composition of Renouard for the purpose of dissolving hardened make-up films, as disclosed by Kitamura. Further, one having ordinary skill in the art would utilize the dimethicone of Kitamura as dimethicone has a more excellent make-up removability than other oil components, as disclosed by Kitamura.
Habif discloses a make up remover, an analogous art (see Abstract). Habif further discloses C7-C20 isoparaffins at 5-20wt% as enhancing the make-up removing capacity of mineral oil and/or wax without contributing to the greasiness of the final product (see Col 2 line 10-16).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the C7-C20 isoparaffins at 5-20wt% of Habif in the composition of Renouard for the purpose of enhancing the make-up removing capacity of mineral oil and/or wax without contributing to the greasiness of the final product, as disclosed by Habif.
With regard to claim 2 and claim 3, Renouard discloses a biphasic cleaning composition (see [0003]) wherein the two phases are optically separated at zero shear rate and become homogeneous by agitation and return again to two separate phases after the agitation is stopped (see [0013]).
With regard to claim 4, Renouard discloses a weight ratio of the oily phase to the aqueous phase of 40:60 (see Table 3).
With regard to claims 6-7 and claims 10-11, Renouard discloses sodium chloride at 0.5-3wt% (see [0037]-[0038]).
With regard to claim 14 and claims 17-18, Renouard discloses benzyl alcohol at 0.01-1wt% (see [0033]-[0034]).
With regard to claim 15 and claim 16, Renouard, Kitamura, and Habif disclose all of the limitations of claim 1.
However, Renouard fails to disclose trisiloxane, isohexadecane, and/or tridecane.
Kitamura discloses an oil-in-water emulsion, an analogous art (see Abstract) and a process for cleansing skin (see [0008]). Kitamura further discloses isohexadecane as a volatile oil and further discloses volatile oils as useful for rapidly dissolving hardened make-up films and having a more excellent make-up removability than other oil components (see [0020]). Kitamura further discloses the volatile oil content as ranging from 1-50wt% (see [0021]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the 1-50wt% isohexadecane of Kitamura in the composition of Renouard for the purpose of dissolving hardened make-up films, as disclosed by Kitamura. Further, one having ordinary skill in the art would utilize the dimethicone of Kitamura as isohexadecane has a more excellent make-up removability than other oil components, as disclosed by Kitamura.
With regard to claim 19, Renouard discloses a method for removing makeup from the skin, eyes and/or lips comprising at least one step of applying a two-phase composition according to the invention to the skin, eyes and/or lips (see [0046]).
Claims 8-9 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Renouard (FR 3106752 A1), Kitamura (WO 2022136903 A1), and Habif (US 6428775 B1), as applied to claim 1 above, and further in view of Roeding (US 20070265352 A1).
With regard to claims 8-9 and claims 12-13, Renouard, Kitamura, and Habif disclose all of the limitations of claim 1.
However, Renouard, Kitamura, and Habif fail to disclose a chelating agent.
Roeding discloses antimicrobial active compositions (see Abstract). Roeding further discloses mixtures of the invention can be incorporated without difficulty into marketable cosmetic or dermatological formulations (see [0068]). Roeding further discloses disodium EDTA as a chelating agent and having antimicrobial activity (see [0028]). Roeding further discloses 0.01wt% of disodium EDTA (see [0110]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the disodium EDTA of Roeding in the composition of Renouard for the purpose providing antimicrobial activity to the composition, as disclosed by Roeding.
Response to Arguments
Applicant’s arguments with respect to claims 1-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that amended claim 1 is not obvious over Renouard. Applicant further argues that Renouard fails to disclose a cleaning composition that includes a combination of dimethicone and C11-13 isoparaffins.
As stated above, Kitamura discloses an oil-in-water emulsion, an analogous art (see Abstract) and a process for cleansing skin (see [0008]). Kitamura further discloses dimethicone as a volatile oil and further discloses volatile oils as useful for rapidly dissolving hardened make-up films and having a more excellent make-up removability than other oil components (see [0020]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the dimethicone of Kitamura in the composition of Renouard for the purpose of dissolving hardened make-up films, as disclosed by Kitamura. Further, one having ordinary skill in the art would utilize the dimethicone of Kitamura as dimethicone has a more excellent make-up removability than other oil components, as disclosed by Kitamura.
Habif discloses a make up remover, an analogous art (see Abstract). Habif further discloses C7-C20 isoparaffins at 5-20wt% as enhancing the make-up removing capacity of mineral oil and/or wax without contributing to the greasiness of the final product (see Col 2 line 10-16).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the C7-C20 isoparaffins at 5-20wt% of Habif in the composition of Renouard for the purpose of enhancing the make-up removing capacity of mineral oil and/or wax without contributing to the greasiness of the final product, as disclosed by Habif.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/B.S.H./ Examiner, Art Unit 1761
/LORNA M DOUYON/ Primary Examiner, Art Unit 1761
