CTNF 18/786,168 CTNF 83913 DETAILED ACTION 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 in the application. Priority This application is a continuation of PCT/EP2022/085851 filed December 14, 2022, which claims benefit to Foreign German Application No. 102022200866.9 filed January 26, 2022. Information Disclosure Statement Receipt of Information Disclosure Statement filed July 26, 2024 is acknowledged. 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. Regarding claim 1, the phrase "in particular" in line 1 renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). It is unclear if the phrase “human hair” is a part of the claimed invention. Claims 2-19 are dependent from claim 1 and are also rejected. Claim 16 recites the limitation "wherein the coloring agent (F) and the shampoo (S) contain the same amino-functionalized silicone polymer (f1) and (s1), respectively" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Claim 16 is dependent from claim 1. Claim 1, line 10, recite “wherein the coloring agent (F) and the shampoo (S) are different formulation”. Based on the limitation in independent claim 1, wherein the coloring agent and the shampoo are different formulations, the amino-functional silicone polymers cannot be the same, as claimed in claim 16. As such, there is a lack of antecedent basis. Regarding claim 20, the phrase "in particular" in line 2 renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). It is unclear if the phrase “human hair” is a part of the claimed invention. 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. 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. 07-21-aia AIA Claims 1- 8, 10-11, 16, 19, and 20 are re jected under 35 U.S.C. 103 as being unpatentable over Co laco et al. (CA 2,854,801) in view of Kruck et al. (US 2022/0347079). Ap plicant’s Invention Application claims a method for coloring keratin fibers, in particular human hair, comprising the steps of: (1) applying a coloring agent (F) to the keratin fibers, said coloring agent (F) comprising (f1) at least one amino-functionalized silicone polymer, and (f2) at least one pigment, and (2) applying a shampoo agent (S) to the keratin fibers, said shampoo (S) comprising (s1) at least one amino-functionalized silicone polymer, and wherein the coloring agent (F) and the shampoo (S) are different formulations. Determination of the scope of the content of the prior art (MPEP 2141.01) Regarding claim 1, Colaco et al. teach compositions and methods for imparting a long-wearing color to keratin fibers, including hair (Abstract). Colaco et al. teach a method for imparting a long-wearing color or aesthetic benefit to keratin fibers comprising applying to the keratin fibers the aminosilicone polymer followed by an application of a composition containing the particulate material (page 3, paragraph [0011]). Regarding claim 1, Colaco et al. teach a method for imparting a long-wearing color to a keratinous substrate, comprising applying to said keratinous substrate a composition comprising: (a) at least one aminosilicone polymer having at least one diamino functional group and a function group equivalent weight…, and (b) a non-spherical particulate material (page 22, claim 1). Colaco et al. teach the preferable aminosilicone polymer will have the structure of Formula I: PNG media_image1.png 200 385 media_image1.png Greyscale (page 6, paragraph [0027]). Regarding claim 1, Colaco et al. teach a second component of the hair compositions comprises a particulate material imparting a cosmetic benefit to the hair. Advantageously, the particulate material may be one which provides color or other cosmetic functionality to the composition. Colaco et al. teach the composition may be any suitable hair care or cosmetic composition including shampoo (page 14, paragraph [0052]). Regarding claims 4, 5, and 6, Colaco et al. teach the aminosilicone polymer is typically present from about 0.01% to about 25% by weight of the total composition (page 7, paragraph [0031]). Regarding claim 7, Colaco et al. teach examples of the particulate material include titanium dioxide and zinc oxide particulates, pearlescence (e.g. mica) (pages 7-8, paragraph [0032]). Regarding claim 7, Colaco et al. teach the exemplary organic pigments include metal hydroxides (page 8, paragraph [0033]). Regarding claim 8, Colaco et al. teach other suitable particulate materials include carmine (pages 8-9, paragraph [0035]). Colaco et al. teach the composition is used as a coloring treatment or as a highlighting treatment and is non-damaging and less irritating than typical hair coloring products that use chemical dyes that penetrate the hair or that react inside the hair shaft (page 14, paragraph [0053]). Colaco et al. teach typically, the composition may be applied to hair before shampooing of the hair (page 14, paragraph [0054]). Regarding claim 16, Colaco et al. teach an example includes a shampoo containing aminosilicone and conditioner containing the particulate material (page 3, paragraph [0011]). Regarding claim 19, Colaco et al. teach hair tresses were cut to a dimension of ½ inch width and 6 inches. Using a 1 mL syringe, 0.75 mL of a hair composition was applied to the hair sample. Samples sat undisturbed for at least 12hrs before washing (page 16, paragraph [0058]). Colaco et al. teach to wash each hair sample, 0.5 mL of a shampoo (page 17, paragraph [0060]). Ascertainment of the difference between the prior art and the claims (MPEP 2141.02) Colaco et al. do not specifically disclose the coloring agent (F) contains at least one amino-functionalized silicone polymer comprises at least one structural unit of the formula (Si-amino), as claimed in claim 2; the coloring agent (F) contains at least one amino-functionalized silicone polymer (f1) comprising structural units of the formula (Si-I) and the formula (Si-II), as claimed in claim 3; the coloring agent (F) contains 0.1 to 50.0 wt.% of water, as claimed in claim 10; the coloring agent (F) contains 1.5 to 15.0 wt.% of water, as claimed in claim 11; or a multi-component packing unit (kit-of-parts) for coloring and washing keratin fibers, in particular human hair, comprising, packaged separately from one another: a first container having a first partial formulation of the coloring agent (F), which partial formulation contains (f1) at least one amino-functionalized silicone polymer, and a second container having a second partial formulation of the coloring agent (F), which partial formulation contains (f2) at least one pigment, and a third container having shampoo (S) which contains (s1) at least one amino-functionalized silicone polymer, as claimed in claim 20. It is for this reason Kruck et al. is added as a secondary reference. Kruck et al. teach a multi-component packing unit (kit-of-parts) for dyeing keratinous material, in particular human hair, comprising separately prepared a first container comprising an agent (a), wherein the agent comprises (a): (a1) at least one amino-functionalized silicone polymer, and a second container comprising an agent (b), wherein the agent comprises (b): (b1) Water and (b2) a buffer system comprising at least one inorganic or organic acid (b2-I) and at least one salt of this acid (b2-II), and (b3) at least one color-imparting compound (Abstract). Kruck et al. teach an ingredient (a1) essential to the present disclosure, the agent (a) comprises at least one amino-functionalized silicone polymer (page 2, paragraph 33). Kruck et al. teach the silicone polymers are macromolecules with a molecular weight of at least 1000 g/mol, more preferably at least 2500 g/mol (page 2, paragraph 34). Regarding claim 2, Kruck et al. teach the silicone polymer (a1) has the structural units of PNG media_image2.png 238 204 media_image2.png Greyscale , the abbreviations ALK1 and ALK2 independently stand for a linear or branched, divalent C1-C20 alkylene group (page 3, paragraph 43). Regarding claim 3, Kruck et al. teach (a) at least one amino-functionalized silicone polymer (a1) comprising structural units of the formula (Si-I) and of the formula (Si-II) PNG media_image3.png 412 435 media_image3.png Greyscale (page 3, paragraph 51). Regarding claim 7, Kruck et al. teach the colorant includes colored metal oxides, hydroxides and oxide hydrates, mixed-phase pigments, sulfur-comprising silicates, silicates, metal sulfides, complex metal cyanides (page 10, paragraph 158); and mica- and/or mica-based and can be coated with one or more metal oxides (page 10, paragraph 160). Regarding claim 8, Kruck et al. teach organic pigments are carmine, quinacridone, phthalocyanine, sorghum, blue pigments with the Color Index numbers Cl 42090, CI 69800, CI 69825, CI 73000, CI 74100, CI 74160, yellow pigments with the Color Index numbers CI 11680…, green pigments with the Color Index numbers CI 61565…, orange pigments with the Color Index numbers CI 11725…, red pigments with the Color Index numbers CI 12085…and/or CI 75470 (page 12, paragraph 173). Regarding claims 10 and 11, Kruck et al. teach the agent (a)—based on the total weight of the agent (a)—has a water content of between 0 and 10.0 wt. % (page 7, paragraph 109). Kruck et al. teach when mixing the agents (a) and (b), the preferably highly concentrated and low-water concentrate (a) is mixed with the actual colorant (b). During this mixing, the amino silicones (a1) are brought into contact with the pigments (b3) present in a buffered, aqueous environment, so that the previously described interaction of the amino silicones (a1) and pigments (b3) only starts from this moment of mixing (page 10, paragraph 150). Finding a prima facie obviousness Rationale and Motivation (MPEP 2142-2143) It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine the teachings of Colaco et al. and Kruck et al. and use at least one amino-functionalized silicone polymer that has one structural unit of the formula (Si-amino), as claimed in claim 2. Colaco et al. teach a method for imparting a long-wearing color or aesthetic benefit to keratin fibers comprising applying to the keratin fibers the aminosilicone polymer followed by an application of a composition containing the particulate material followed by shampooing the hair. Colaco et al. teach the shampoo composition comprises the aminosilicone polymer. Colaco et al. teach the preferable aminosilicone polymer will have the structure of Formula I: PNG media_image1.png 200 385 media_image1.png Greyscale . Kruck et al. teach a multi-component packing unit (kit- of-parts) for dyeing keratinous material, in particular human hair, comprising separately prepared a first container comprising an agent (a), wherein the agent comprises (a): (a1) at least one amino-functionalized silicone polymer, and a second container comprising an agent (b), wherein the agent comprises (b): (b1) Water and (b2) a buffer system comprising at least one inorganic or organic acid (b2-I) and at least one salt of this acid (b2-II), and (b3) at least one color-imparting compound. One of ordinary skill in the art would have been motivated to substitute one amino-functionalized silicone polymer used for the same purpose for another one, such as the preferred amino-functionalized silicone polymer taught by Kruck et al. PNG media_image2.png 238 204 media_image2.png Greyscale since they have similar structures and are used for the same purpose in a hair dye formulation, as a person with ordinary skill has good reason to pursue known options within his or technical grasp. Note: MPEP 2141 [R-6] KSR International CO. v. Teleflex lnc . 82 USPQ 2d 1385 (Supreme Court 2007). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine the teachings of Colaco et al. and Kruck et al. and the coloring agent (F) contains at least one amino-functionalized silicone polymer (f1) comprising structural units of the formula (Si-I) and the formula (Si-II), as claimed in claim 3. Colaco et al. teach a method for imparting a long-wearing color or aesthetic benefit to keratin fibers comprising applying to the keratin fibers the aminosilicone polymer followed by an application of a composition containing the particulate material followed by shampooing the hair. Colaco et al. teach the preferable aminosilicone polymer will have the structure of Formula I: PNG media_image1.png 200 385 media_image1.png Greyscale . Kruck et al. teach a multi-component packing unit (kit-of-parts) for dyeing keratinous material, in particular human hair, comprising separately prepared a first container comprising an agent (a), wherein the agent comprises (a): (a1) at least one amino-functionalized silicone polymer, and a second container comprising an agent (b), wherein the agent comprises (b): (b1) Water and (b2) a buffer system comprising at least one inorganic or organic acid (b2-I) and at least one salt of this acid (b2-II), and (b3) at least one color-imparting compound. One of ordinary skill in the art would have been motivated to substitute one amino-functionalized silicone polymer used for the same purpose for another one, such as the preferred amino-functionalized silicone polymer taught by Kruck et al. PNG media_image3.png 412 435 media_image3.png Greyscale since they have similar structures and are used for the same purpose in a hair dye formulation, as a person with ordinary skill has good reason to pursue known options within his or technical grasp. Note: MPEP 2141 [R-6] KSR International CO. v. Teleflex lnc . 82 USPQ 2d 1385 (Supreme Court 2007). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine the teachings of Colaco et al. and Kruck et al. and use experimentation and optimization to determine the amount of water in the coloring agent, such as 0.1 to 50.0 wt.% of water, as claimed in claim 10, the coloring agent (F) contains 1.5 to 15.0 wt.% of water, as claimed in claim 11. Colaco et al. teach a method for imparting a long-wearing color or aesthetic benefit to keratin fibers comprising applying to the keratin fibers the aminosilicone polymer followed by an application of a composition containing the particulate material followed by shampooing the hair. Kruck et al. teach a multi-component packing unit (kit-of-parts) for dyeing keratinous material, in particular human hair, comprising separately prepared a first container comprising an agent (a), wherein the agent comprises (a): (a1) at least one amino-functionalized silicone polymer, and a second container comprising an agent (b), wherein the agent comprises (b): (b1) Water and (b2) a buffer system comprising at least one inorganic or organic acid (b2-I) and at least one salt of this acid (b2-II), and (b3) at least one color-imparting compound. One of ordinary skill in the art would have been motivated to use the teachings of Kruck et al. which teach the composition has a water content of between 0 and 10.0 wt.%. This falls within the ranges of currently claimed. In addition, the adjustment of particular conventional working conditions (e.g., determining result effective amounts of the ingredients beneficially taught by the cited references, especially within the broad ranges instantly claimed) is deemed merely a matter of judicious selection and routine optimization which is well within the purview of the skilled artisan. Accordingly, this type of modification would have been well within the purview of the skilled artisan and no more than an effort to optimize results. Regarding the limitations of a multi-component packing unit (kit-of-parts) for coloring and washing keratin fibers, in particular human hair, comprising, packaged separately from one another: a first container having a first partial formulation of the coloring agent (F), which partial formulation contains (f1) at least one amino-functionalized silicone polymer, and a second container having a second partial formulation of the coloring agent (F), which partial formulation contains (f2) at least one pigment, and a third container having shampoo (S) which contains (s1) at least one amino-functionalized silicone polymer, one of ordinary skill in the art would have been motivated to use the teachings of Kruck et al., which teaches a multi-component packing unit, to package the components of the long-wearing color composition taught by Colaco et al., with a reasonable expectation of success. Therefore, the claimed invention as a whole would have been prima facie obvious to one of ordinary skill in the art at the time the invention was made . 07-22-aia AIA Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Colaco et al. (CA 2,854,801) in view of Kruck et al. (US 2022/0347079) as applied to claim s 1-8, 10-11, 16, 19, and 20 above, and further in view of Lechner et al. (US 2022/0142894) . Applicant’s Invention Application claims a method for coloring keratin fibers, in particular human hair, comprising the steps of: (1) applying a coloring agent (F) to the keratin fibers, said coloring agent (F) comprising (f1) at least one amino-functionalized silicone polymer, and (f2) at least one pigment, and (2) applying a shampoo agent (S) to the keratin fibers, said shampoo (S) comprising (s1) at least one amino-functionalized silicone polymer, and wherein the coloring agent (F) and the shampoo (S) are different formulations. Determination of the scope of the content of the prior art (MPEP 2141.01) The teachings of Colaco et al. and Kruck et al. with respect to the 35 U.S.C. 103 rejection is hereby incorporated and are therefore applied in the instant rejection as discussed above. Ascertainment of the difference between the prior art and the claims (MPEP 2141.02) Colaco et al. and Kruck et al. do not specifically disclose the coloring agent comprises at least one pigment (f2) selected from the group consisting of: pigments based on a lamellar substrate platelet, pigments based on a lenticular substrate platelet, and vacuum-metallized pigments. It is for this reason Lechner et al. is added as a secondary reference. Lechner et al. teach a process and a kit-of-parts for dyeing keratinous material, in particular human hair, are provided. An exemplary process for dyeing keratinous material includes applying an agent (a) to the keratinous material. The agent (a) includes (a1) at least one organic silicon compound selected from the group consisting of silanes having one, two or three silicone atoms, and (a2) at least one colorant compound including at least one lenticular substrate platelet based pigment (page 1, paragraph 12). Lechner et al. teach in addition to the pigment based on a lenticular substrate platelet, the agent (a) may contain as further colorant compound(s) (a2) other effect pigments such as pigments, based on lamellar substrate platelets and/or pigments based on VMP substrate platelets. VMP refers to vacuum metallized pigments (page 15, paragraph 326). Finding a prima facie obviousness Rationale and Motivation (MPEP 2142-2143) It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine the teachings of Colaco et al., Kruck et al., and Lechner et al. and use pigments based on a lamellar substrate platelet, pigments based on a lenticular substrate platelet, or vacuum-metallized pigments as the pigment. Colaco et al. teach a method for imparting a long-wearing color or aesthetic benefit to keratin fibers comprising applying to the keratin fibers the aminosilicone polymer followed by an application of a composition containing the particulate material followed by shampooing the hair. Colaco et al. teach examples of the particulate material include titanium dioxide and zinc oxide particulates, pearlescence (e.g. mica). Kruck et al. teach a multi-component packing unit (kit-of-parts) for dyeing keratinous material, in particular human hair, comprising separately prepared a first container comprising an agent (a), wherein the agent comprises (a): (a1) at least one amino-functionalized silicone polymer, and a second container comprising an agent (b), wherein the agent comprises (b): (b1) Water and (b2) a buffer system comprising at least one inorganic or organic acid (b2-I) and at least one salt of this acid (b2-II), and (b3) at least one color-imparting compound. One of ordinary skill in the art would have been motivated to use another known pigment that is used with an organic silicone compound that is used in a dye composition, such as lenticular substrate platelet based pigments, as taught by Lechner et al., as a person with ordinary skill has good reason to pursue known options within his or technical grasp. Note: MPEP 2141 [R-6] KSR International CO. v. Teleflex lnc . 82 USPQ 2d 1385 (Supreme Court 2007). Therefore, the claimed invention as a whole would have been prima facie obvious to one of ordinary skill in the art at the time the invention was made . 07-22-aia AIA Claim s 12, 13, 14, 15, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Colaco et al. (CA 2,854,801) in view of Kruck et al. (US 2022/0347079) as applied to claim s 1-8, 10-11, 16, 19, and 20 above, and further in view of Decoster et al. (US 2007/0258936) . Applicant’s Invention Application claims a method for coloring keratin fibers, in particular human hair, comprising the steps of: (1) applying a coloring agent (F) to the keratin fibers, said coloring agent (F) comprising (f1) at least one amino-functionalized silicone polymer, and (f2) at least one pigment, and (2) applying a shampoo agent (S) to the keratin fibers, said shampoo (S) comprising (s1) at least one amino-functionalized silicone polymer, and wherein the coloring agent (F) and the shampoo (S) are different formulations. Determination of the scope of the content of the prior art (MPEP 2141.01) The teachings of Colaco et al. and Kruck et al. with respect to the 35 U.S.C. 103 rejection is hereby incorporated and are therefore applied in the instant rejection as discussed above. Ascertainment of the difference between the prior art and the claims (MPEP 2141.02) Colaco et al. and Kruck et al. do not specifically disclose the shampoo (S) comprises at least one amino-functionalized silicone polymer (s1) comprising at least one structural unit of formula (Si-amino), as claimed in claim 12; the structural units of the formula (Si-I) and of the formula (Si-II), as claimed in claim 13; the one or more amino-functionalized silicone polymers in a total amount of 0.01 to 20 wt.%, as claimed in claim 14; the one or more amino-functionalized silicone polymers in a total amount of 0.3 to 1.5 wt.%, as claimed in claim 15; the shampoo contains at least one anionic, amphoteric, zwitterionic, cationic and/or nonionic surfactant, as claimed in claim 18. It is for this reason Decoster et al. is added as a secondary reference. Regarding claims 12 and 13, Decoster et al. teach an example of a group of amino silicones is made of the silicones know as trimethylsilyl amodimethicone PNG media_image4.png 138 272 media_image4.png Greyscale (page 3, paragraph 63). Decoster et al. teach a non-limiting example of a silicone corresponding to formula (F) is DC2-8299 Cationic Emulsion from Dow Corning (page 5, paragraph 113). Decoster et al. teach in Example 2 a shampoo composition: PNG media_image5.png 326 403 media_image5.png Greyscale (page 14, paragraph 301). The amino-silicone component, Amodimethicone (DC 2-8566) is present in an amount of 1%, which falls within the range of 0.01 to 20 wt.% of claim 14 and 0.3 to 1.5 wt.% of claim 15. The water content in Example 2 is 68.4, which falls within the range of 50 to 99 wt.% of water as claimed in claim 17. Regarding claim 18, Decoster et al. teach a microemulsion comprising water; at least one oil chosen from amino silicones; at least one anionic surfactant; and at least one amphoteric and zwitterionic surfactants (page 1, paragraphs 18-23). Finding a prima facie obviousness Rationale and Motivation (MPEP 2142-2143) It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine the teachings of Colaco et al., Kruck et al., and Decoster et al. and use at least one amino-functionalized silicone polymer (s1) comprising at least one structural unit of formula (Si-amino), as claimed in claim 12; the structural units of the formula (Si-I) and of the formula (Si-II), as claimed in claim 13. Colaco et al. teach a method for imparting a long-wearing color or aesthetic benefit to keratin fibers comprising applying to the keratin fibers the aminosilicone polymer followed by an application of a composition containing the particulate material followed by shampooing the hair. Colaco et al. teach the shampoo composition comprises the aminosilicone polymer. Colaco et al. teach the preferable aminosilicone polymer will have the structure of Formula I: PNG media_image1.png 200 385 media_image1.png Greyscale . Kruck et al. teach a multi-component packing unit (kit-of-parts) for dyeing keratinous material, in particular human hair, comprising separately prepared a first container comprising an agent (a), wherein the agent comprises (a): (a1) at least one amino-functionalized silicone polymer, and a second container comprising an agent (b), wherein the agent comprises (b): (b1) Water and (b2) a buffer system comprising at least one inorganic or organic acid (b2-I) and at least one salt of this acid (b2-II), and (b3) at least one color-imparting compound. Decoster et al. teach aminosilicone polymers in the shampoo compositions taught by Colaco et al. One of ordinary skill in the art would have been motivated to substitute one amino-functionalized silicone polymer used for the same purpose for another one, such as the preferred amino-functionalized silicone polymer taught by Kruck et al. PNG media_image2.png 238 204 media_image2.png Greyscale since they have similar structures and are used for the same purpose in a hair dye formulation, as a person with ordinary skill has good reason to pursue known options within his or technical grasp. Note: MPEP 2141 [R-6] KSR International CO. v. Teleflex lnc . 82 USPQ 2d 1385 (Supreme Court 2007). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine the teachings of Colaco et al., Kruck et al., and Decoster et al. and the shampoo (S) contains at least one amino-functionalized silicone polymer (f1) comprising structural units of the formula (Si-I) and the formula (Si-II), as claimed in claim 13. Colaco et al. teach a method for imparting a long-wearing color or aesthetic benefit to keratin fibers comprising applying to the keratin fibers the aminosilicone polymer followed by an application of a composition containing the particulate material followed by shampooing the hair. Colaco et al. teach the preferable aminosilicone polymer will have the structure of Formula I: PNG media_image1.png 200 385 media_image1.png Greyscale . Kruck et al. teach a multi-component packing unit (kit-of-parts) for dyeing keratinous material, in particular human hair, comprising separately prepared a first container comprising an agent (a), wherein the agent comprises (a): (a1) at least one amino-functionalized silicone polymer, and a second container comprising an agent (b), wherein the agent comprises (b): (b1) Water and (b2) a buffer system comprising at least one inorganic or organic acid (b2-I) and at least one salt of this acid (b2-II), and (b3) at least one color-imparting compound. Decoster et al. teach aminosilicone polymers in the shampoo compositions taught by Colaco et al. One of ordinary skill in the art would have been motivated to substitute one amino-functionalized silicone polymer used for the same purpose for another one, such as the preferred amino-functionalized silicone polymer taught by Kruck et al. PNG media_image3.png 412 435 media_image3.png Greyscale since they have similar structures and are used for the same purpose in a hair dye formulation, as a person with ordinary skill has good reason to pursue known options within his or technical grasp. Note: MPEP 2141 [R-6] KSR International CO. v. Teleflex lnc . 82 USPQ 2d 1385 (Supreme Court 2007). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine the teachings of Colaco et al., Kruck et al., and Decoster et al. and use experimentation and optimization to determine the amount of amino-functionalized silicone in the shampoo, such as 0.01 to 20 wt.%, as claimed in claim 14 and the one or more amino-functionalized silicone polymers in a total amount of 0.3 to 1.5 wt.%, as claimed in claim 15. Colaco et al. teach a method for imparting a long-wearing color or aesthetic benefit to keratin fibers comprising applying to the keratin fibers the aminosilicone polymer followed by an application of a composition containing the particulate material followed by shampooing the hair. Kruck et al. teach a multi-component packing unit (kit-of-parts) for dyeing keratinous material, in particular human hair, comprising separately prepared a first container comprising an agent (a), wherein the agent comprises (a): (a1) at least one amino-functionalized silicone polymer, and a second container comprising an agent (b), wherein the agent comprises (b): (b1) Water and (b2) a buffer system comprising at least one inorganic or organic acid (b2-I) and at least one salt of this acid (b2-II), and (b3) at least one color-imparting compound. One of ordinary skill in the art would have been motivated to use the teachings of Decoster et al. which teach the amino-silicone component in the shampoo composition, Amodimethicone (DC 2-8566), is present in an amount of 1%, which falls within the range of 0.01 to 20 wt.% of claim 14 and 0.3 to 1.5 wt.% of claim 15. In addition, the adjustment of particular conventional working conditions (e.g., determining result effective amounts of the ingredients beneficially taught by the cited references, especially within the broad ranges instantly claimed) is deemed merely a matter of judicious selection and routine optimization which is well within the purview of the skilled artisan. Accordingly, this type of modification would have been well within the purview of the skilled artisan and no more than an effort to optimize results. Regarding the limitation of shampoo containing at least one anionic, amphoteric, zwitterionic, cationic, and/or nonionic surfactant, Colaco et al. teach the composition comprises surfactants. Decoster et al. teach a microemulsion comprising water; at least one oil chosen from amino silicones; at least one anionic surfactant; and at least one amphoteric and zwitterionic surfactants. One of ordinary skill in the art would have been motivated to use known surfactants that are used in shampoo compositions such as those taught by Decoster et al., with a reasonable expectation of success, as a person with ordinary skill has good reason to pursue known options within his or technical grasp. Note: MPEP 2141 [R-6] KSR International CO. v. Teleflex lnc . 82 USPQ 2d 1385 (Supreme Court 2007). Therefore, the claimed invention as a whole would have been prima facie obvious to one of ordinary skill in the art at the time the invention was made. Conclusion No claims are allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andriae M Holt whose telephone number is (571)272-9328. The examiner can normally be reached Monday-Friday, 8:00 am-4:30 pm EST. 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, Ali Soroush can be reached at 571-272-9925. 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. /ANDRIAE M HOLT/ Examiner, Art Unit 1614 /ALI SOROUSH/ Supervisory Patent Examiner, Art Unit 1614 Application/Control Number: 18/786,168 Page 2 Art Unit: 1614 Application/Control Number: 18/786,168 Page 3 Art Unit: 1614 Application/Control Number: 18/786,168 Page 4 Art Unit: 1614 Application/Control Number: 18/786,168 Page 5 Art Unit: 1614 Application/Control Number: 18/786,168 Page 6 Art Unit: 1614 Application/Control Number: 18/786,168 Page 7 Art Unit: 1614 Application/Control Number: 18/786,168 Page 8 Art Unit: 1614 Application/Control Number: 18/786,168 Page 9 Art Unit: 1614 Application/Control Number: 18/786,168 Page 10 Art Unit: 1614 Application/Control Number: 18/786,168 Page 11 Art Unit: 1614 Application/Control Number: 18/786,168 Page 12 Art Unit: 1614 Application/Control Number: 18/786,168 Page 13 Art Unit: 1614 Application/Control Number: 18/786,168 Page 14 Art Unit: 1614 Application/Control Number: 18/786,168 Page 15 Art Unit: 1614 Application/Control Number: 18/786,168 Page 16 Art Unit: 1614 Application/Control Number: 18/786,168 Page 17 Art Unit: 1614 Application/Control Number: 18/786,168 Page 18 Art Unit: 1614 Application/Control Number: 18/786,168 Page 19 Art Unit: 1614 Application/Control Number: 18/786,168 Page 20 Art Unit: 1614 Application/Control Number: 18/786,168 Page 21 Art Unit: 1614 Application/Control Number: 18/786,168 Page 22 Art Unit: 1614 Application/Control Number: 18/786,168 Page 23 Art Unit: 1614 Application/Control Number: 18/786,168 Page 24 Art Unit: 1614
Prosecution Insights