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 .
Information Disclosure Statement
The submitted information disclosure statement(s) (IDS) were filed on 12/11/2024 and 04/16/2026. The submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 3 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as
failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Applicant recites in the specification that “The method for manufacturing the cosmetic in the present disclosure is not particularly limited, and a known manufacturing method can be used. For example, the method can be mentioned in which raw materials are stirred so that the raw materials may be dispersed uniformly while being heated if necessary.”(Specification, pg. 44, 2nd par.), and “The metal soap may be a metal soap that is a salt of a fatty acid and at least one selected from the group consisting of calcium and magnesium. The metal soap may be a layer which coats at least a part of the inorganic nucleating agent,” (Specification, pg. 9, 2nd par.), which define that the composite particles are homogenous, the coating surface is metal soap and there is no difference of percentage of inorganic nucleating agent or a metal soap from the outside to the inside of the composite particles. The metal soap may be a layer which coats at least a part of the inorganic nucleating agent, (Specification, pg. 9, 2nd par.), but claim 3 recites that the composite particles go through homogenization. It is conflicted that the composite particles are homogeneous and the coating surface is metal soap.
Appropriate corrections are required.
Claim Rejections - 35 USC § 112
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.
Claim(s) 3 is/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.
Claim 3 is indefinite because there is no clear defined surface content of the composite particles, nor which ingredients, metal soap or inorganic nucleating agent, are on the surface of the composite particles.
Because applicant recites in the specification “the composite particles before and after homogenization respectively” (pg. 12, 2nd last par.), “The method for manufacturing the cosmetic in the present disclosure is no~ particularly limited, and a known manufacturing method can be used. For example, the method can be mentioned in which raw materials are stirred so that the raw materials may be dispersed uniformly while being heated if necessary.”(Specification, pg. 44, 2nd par.), and :The metal soap may be a metal soap that is a salt of a fatty acid and at least one selected from the group consisting of calcium and magnesium. The metal soap may be a layer which coats at least a part of the inorganic nucleating agent,” (Specification, pg. 9, 2nd par.), which define that the composite particles are homogenous, the coating surface is metal soap and there is no difference of percentage of inorganic nucleating agent or a metal soap from the outside to the inside of the composite particles, so for examining purpose, patent examiner will assume that the composite particles are coated with metal soap, which is on the surface, so the percentage of inorganic nucleating agent on the surface is 0% and below the coating metal soap is inorganic nucleating agent, which is homogeneous.
Appropriate corrections are required.
Claim Rejections - 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 5-7 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hagino (JP2017186323A).
Claims 1 and 11,
Hagino teaches a solid powder cosmetic relating to a solid powder cosmetic, which can obtain uniform makeup film and high makeup durability and is also excellent in impact resistance. A solid powder cosmetic containing the following component (A), component (B); (A) cellulose fiber. (Abs). One of the powders of component (B) is white inorganic pigments such as barium sulfate, which is sparingly soluble salt, and inorganic nucleating agent. Another powder of component B is Titanium oxide coated glass powder. (pg. 6, Example 9). These powders can be used alone or in combination of two or more thereof. These powders use metal soaps of higher fatty acids. (pg. 3, 5th par.). One of the metal soaps can be gelling agents calcium stearate. (pg. 4, 5th par.).
With Regard to Claim 2,
Hagino teaches Titanium oxide coated glass powder (average particle size 25 μm) 13.2%. (pg. 4, 2nd par. and Example 9, pg. 6).
With Regard to Claim 5,
Hagino teaches the component (B) powders include Aluminum silicate, Aluminum magnesium silicate, Calcium silicate, Barium silicate, or Magnesium silicate. (pg. 3, 5th par.). Titanium oxide coated glass flakes. (pg. 4, 2nd par.). Titanium oxide coated glass powder. (pg. 6, Example 9).
With Regard to Claims 6-7,
Hagino teaches Barium sulfate treated with magnesium myristate (pg. 7, Example 11.). Myristic acid has 14 carbon atoms.
With Regard to Claim 9,
Hagino teaches the solid powder cosmetic of the present invention has the effect of further improving the impact resistance, improving the adhesion of the powder to the skin, and enhancing the makeup sustainability by further using the component (C) oil agent in combination. Play. The component (C) of the present invention is not particularly limited as long as it is an oil agent usually used in cosmetics. For example, the origin of animal oil, vegetable oil, synthetic oil, solid oil, semi-solid oil, liquid oil, etc. Regardless of the properties, hydrocarbons, fats and oils, waxes, hardened oils, ester oils, fatty acids, higher alcohols, silicone
oils, fluorine oils, lanolin derivatives, oily gelling agents, Examples include oil-soluble resins. Among these, it is preferable to contain liquid oil from the viewpoint of the uniformity of the decorative film. (pg. 4, 4th par.). The content of the component (C) in the present invention is not particularly limited, but is preferably 0.1 to 15% in the total amount of the cosmetic from the
viewpoint of excellent impact resistance, makeup durability, and uniformity of the cosmetic film. (pg. 4, 6th par.).
With regard to claim 10,
Hagino teaches solid powder cosmetics of Claim 3 which contain 5-50 mass% of spherical
powders with the said component (B1) average particle diameter of 1-50 micrometers in cosmetics whole quantity. (Claims, pg. 1).
Claim(s) 1-4, 8 and 11, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshimura (US 20180093938 A1).
Claims 1 and 11,
Yoshimura teaches in the cosmetic field, with regard to powder cosmetics such as powder foundation and face powder, there is a need to improve the tactile feel of the molded product, so a metal soap is dispersed into the main ingredient powder and induced to coat the powder, thereby packing and molding the product into an inner tray or the like. In terms of the effects obtained by improving both anti-caking properties and flowability in powder cosmetics, efforts have been directed to improving the characteristic whereby a given amount of a powder can be picked up smoothly in a friction-free manner (i.e., spreading properties). (0002). A metal soap, including metal soap particles in which a fatty acid has from 6 to 22 carbons, and an inorganic crystal nucleating agent with an average particle size of 0.01 to 20 μm absorbed internally into the metal soap particles. (Abs). The inorganic metal salt containing a metal or semimetal includes chlorides, sulfates, and nitrates containing a metal or semimetal, and chlorides of calcium, zinc, or the like, sulfates of calcium, zinc, or the like, and nitrates of calcium, zinc, or the like, are particularly preferred due to their high solubility in water, and efficient reaction with fatty acid alkali metal salts. Specifically, there may be cited calcium chloride, calcium acetate, zinc chloride, zinc sulfate, and the like, (0028), which include both the sparingly soluble sulfate salts and metal soap of metals with fatty acids.
With regard to claim 2,
Yoshimura teaches dispersing an inorganic crystal nucleating agent into an aqueous solution of the fatty acid alkali metal salt at a level of 0.1 to 20 mass % with respect to the total amount of the fatty acid and the inorganic crystal nucleating agent to prepare a dispersion solution. (0018).
With regard to claim 3,
Yoshimura teaches a metal soap, including metal soap particles, and an inorganic crystal nucleating agent with an average particle size of 0.01 to 20 μm absorbed internally into the metal soap particles, wherein the cumulative diameter at 50% of the metal soap particles on a volumetric basis is 1.0 to 30.0 μm, and the internal absorption rate A, represented by formula (1) below, is 30% or greater. Internal absorption rate A=100−(X/X′)=100, Formula (1)
X; amount of inorganic crystal nucleating agent contained within metal soap
X′; amount of inorganic crystal nucleating agent contained within pulverized metal soap passed through a 325-mesh filter (wherein X and X′ are average values obtained by elemental analysis at three locations in an area of 15 μm square, using a scanning electron microscope/energy dispersive X-ray spectroscopy (SEM/EDX). (Abs).
With regard to claim 4,
Yoshimura teaches the metal soap of the present invention preferably satisfies a relationship of B≤2.00, where B denotes a granularity summary value represented by formula (2) below, C≤20, where C denotes an aggregation degree (%), and E being from 0.810 to 1.000, where E denotes an average circularity of particle groups having particle size at 10% to particle size at 90%, measured by a flow type particle image analyzer.
Granularity summary value B=(D90−D10)/D50 (wherein 1.0≤D50≤30.0), Formula (2)
[0014] D10: Cumulative diameter (μm) at 10% of metal soap particles on volumetric basis
[0015] D50: Cumulative diameter (μm) at 50% of metal soap particles on volumetric basis
[0016] D90: Cumulative diameter (μm) at 90% of metal soap particles on volumetric basis. (0013).
With regard to claim 8,
Yoshimura teaches the added amount of the inorganic crystal nucleating agent is normally 0.1 to 20 mass % with respect to the total amount of the fatty acid and the inorganic crystal nucleating agent. (0036) and the metal soap is 15 mass %. (0108, table 4), so total 1-35% for both of the inorganic crystal nucleating agent and the metal soap, or of the composite particles.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGOC-ANH THI NGUYEN whose telephone number is (571)270-0867. The examiner can normally be reached Monday - Friday 8:00 am.
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, Robert A Wax can be reached at 571-272-0623. 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.
/NGOC-ANH THI NGUYEN/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615
Prosecution Insights