SKIN IMPROVING AGENT CONTAINING FERMENTED EXTRACT AS MAIN RAW MATERIAL

Application No. 18/838,656

• Filed: Aug 15, 2024
• Priority: Oct 25, 2022 — JP 2022-170889
  • Oct 25, 2023 — nonprovisional of PCTJP2023038462
• Examiner: ARIANI, KADE
• Assignee: Ain Holdings Inc.
• OA Round: 1 (Non-Final)

Office Action

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 .

The preliminary amendments are received.

Claims 1-12 are pending in this application and are being examined.

Objection(s):
A)
Claims 1-4 and 10-12 are objected to because of the following informalities:

In claim 1, replace line 1, replace “composition for skin” with –skin composition--.

In claim 2, last line, replace “Lactococcus” with – Lactococcus--.

In claim 3, line 3, replace “Aspergillus oryzae” with --Aspergillus oryzae--, line 5, replace “Lactococcus cremoris” with -- Lactococcus cremoris--, and line 6 replace “Lactobacillus plantarum” with --Lactobacillus plantarum--.

In claim 4, line 2, replace “Aspergillus oryzae” with -- Aspergillus oryzae --, and line 4, replace “Aspergillus oryzae” with -- Aspergillus oryzae --.

In claim 10, line 2, replace “Lactococcus cremoris” with -- Lactococcus cremoris --.

In claim 11, line 2, replace “Aspergillus oryzae” with --Aspergillus oryzae--, line 5, replace “Lactococcus cremoris” with -- Lactococcus cremoris--, and lines 5- 6 replace “Lactobacillus plantarum” with --Lactobacillus plantarum--.
In claim 12, line 2, replace “Aspergillus oryzae” with -- Aspergillus oryzae --, and line 4, replace “Aspergillus oryzae” with -- Aspergillus oryzae --.

Appropriate correction is required.

B)
Claims 2, 3, 4 and 10-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.

Claim Rejection - 35 USC § 102
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 5-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2014 20564A (English translation which is also cited in IDS filed on 08/22/2024, 6 pages of PDF).

Regarding claim 1, JP 2014 20564A disclose a composition for skin comprising, as an active component, an extract obtained by a fermentation and an aging with koji mold and two types of lactic acid bacteria (topical skin agent obtained by koji processing and containing lactic acid bacteria and its metabolites, etc.) (See for example, p. 2 paragraphs 7-9, and Abstract).
Regarding claim 5, JP 2014 20564A disclose skin improving agent having a moisturizing function, comprising the composition for the skin according to claim 1 as a main component (topical skin agent exerts moisturizing effects) (See for example, p. 2 paragraph 12).

Regarding claims 6-8, although JP 2014 20564A do not explicitly disclose the claimed properties of elastase activity inhibitor, collagen production promoter, and beta-hexosaminidase activity inhibitor, however because the composition taught by JP 2014 20564A is the same as the claimed composition as such therefore the claimed properties elastase activity inhibitor, collagen production promoter, and beta-hexosaminidase activity inhibitor, not explicitly taught are inherent present.

Regarding claim 9, JP 2014 20564A disclose an external composition for skin, comprising the composition for the skin according to claim 1 as a main component (topical skin agent) (See for example, p. 2 paragraphs 7-9).

JP 2014 20564A therefore anticipate the claimed compositions of claims 1 and 5-9.

Conclusion(s):
No claim(s) is allowed at this time.

Any inquiry concerning this communication or earlier communications from the examiner should be directed to KADE ARIANI whose telephone number is [phone]. The examiner can normally be reached IFP, Monday - Friday, 8:00 AM -4:00 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, Melenie L. Gordon can be reached at [phone]. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KADE ARIANI/Primary Examiner, Art Unit 1651

Prosecution Timeline

• Aug 15, 2024: Application Filed
• Jul 21, 2026: Non-Final Rejection mailed — §102 (current)