DETAILED ACTION
The amendment submitted on January 7, 2026 has been entered. Claims 15-20, 22-23, and 25-27 are pending in the application and are rejected for the reasons set forth below. No claim is allowed.
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 . 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.
Withdrawn Rejections
The rejection of claims 15-19 and 25-27 under 35 U.S.C. 101 is withdrawn because the claims have been amended to refer to a “method” instead of a “use.”
The rejection of claims 15-19 and 25-27 under 35 U.S.C. 112(b) as being indefinite is with-drawn for the same reason.
Maintained Rejections 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 publica-tion, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 15-20, 22-23, and 25-27, as amended, remain rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ley et al. (US 2021/0145768 A1).
Ley (cited in the prior action) discloses a method of treating or preventing (para. 0188) alopecia (para. 0008), i.e., hair loss or thinning, by topically administering (para. 0186) a pharma-ceutical composition (para. 0183 and 0186) comprising cyclohexyl salicylate, which is an agonist of olfactory receptor 2A4/7 (see Table 8 at p. 78).
Response to Arguments
Applicant argues that the reference “concerns the treatment of autoimmune diseases,” specifically, “in relation to the pathology autoimmune alopecia,” and “cosmetic treatments are not disclosed in Ley; also, neither telogen effluvium nor androgenetic alopecia are disclosed.” See applicant’s Remarks, submitted January 7, 2026, at p. 5. Applicant’s arguments have been fully considered but are not persuasive for the following reasons.
With respect to independent claims 15 and 17 (and claims depending thereon), it appears to be applicant’s position that the word “cosmetic” in the preamble of the instant claims defines a patentable invention over the teachings of the reference. See MPEP 2111.02 for a discussion of the effect of a preamble on claim construction. Applicant’s specification provides no specific definition for the word “cosmetic” (see, e.g., applicant’s specification at p. 10), and applicant’s arguments do not offer any explanation for why this word establishes a patentable invention. It remains that examiner’s position that “topical application” taught by the reference (see, e.g., para. 0186) is within the meaning of “cosmetic” as recited in the preamble of the instant claims.
With respect to claims 20 and 22-23, the examiner acknowledges that these claims are limited to a growth disorder “selected from the group consisting of telegenic effluvium and androgenic alopecia.” Importantly, the claims are drawn to a “method for the prevention or treatment” of these disorders. Even though the cited reference does not specifically, disclose treating “telegenic effluvium and androgenic alopecia,” prevention of these disorders is never-theless inherent. This is because the cited reference discloses using the same drug (cyclohexyl salicylate) in the same manner (topical application). Furthermore, the subjects described in the reference (para. 0186-87) necessarily all have at least some risk for “telegenic effluvium and androgenic alopecia; at though it may be a de minimis risk, it is nevertheless non-zero. Therefore, the instant claims are anticipated based upon the principle of inherency. See MPEP 2112, which explains that it is not necessary for a cited reference to explicitly disclose claim limitations in order to anticipate claims.
The rejection is accordingly maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Theodore R. Howell whose telephone number is (571)270-5993. The exam-iner can normally be reached Monday - Thursday, 8:00 am - 7:00 pm (Eastern Time). 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, Amy L. Clark can be reached at (571)272-1310. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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THEODORE R. HOWELL
Primary Examiner
Art Unit 1628
/THEODORE R. HOWELL/ Primary Examiner, Art Unit 1628
February 18, 2026
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