DETAILED 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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in the instant application on 09/13/2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/29/2024 and 09/13/2024 are being considered by the examiner. The signed IDS form is attached with the instant office action.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 09/04/2026 is acknowledged.
Claims 8-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/04/2026.
Claims 1-7 are being examined on the merits.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Minoru Ueda (From IDS filed on 09/13/2024, WO201611137A1).
Ueda teaches cosmetic/pharmaceutical compositions comprising iPS cell culture supernatants obtained through culturing iPS cells (see claim 1) and teaches the cosmetic product being used for improving a skin condition selected from the group consisting of spots, wrinkles, sagging and dullness (see claim 26).
Ueda teaches it is preferable to use iPS cells that have not been differentiated after collection (in other words, maintained in an undifferentiated state) (see page 12 at bottom), and teaches wherein the composition can be administered through injection (see page 12 at top).
Ueda does not specifically teach that the donated iPS cells are donated from the same person and are autologous, however this would have been prima facie obvious before the effective filing date to persons having ordinary skill in the art because autologously donated cells would be less likely to have any issues with autoimmunity and cause any negative reactions. Therefore it would have been obvious to people having ordinary skill in the art before the effective filing date to use autologous cells donated from the same person in creating a method for providing a cosmetic or pharmaceutical comprising a supernatant of a medium of pluripotent stem cells because Ueda teaches such cells to be beneficial for improving a skin condition selected from the group consisting of spots, wrinkles, sagging and dullness.
There would have been a reasonable expectation of success in arriving at the instant invention given the relied upon art because Ueda already teaches using pluripotent stem cells supernatant from cultured media for improving skin.
Conclusion
Currently no claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB ANDREW BOECKELMAN whose telephone number is (571)272-0043. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anand Desai can be reached at 571-272-0947. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JACOB A BOECKELMANExaminer, Art Unit 1655
/ANAND U DESAI/Supervisory Patent Examiner, Art Unit 1655
