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 .
Formal Matters
Applicant’s claims filed on 06 December 2024 are acknowledged and have been fully considered. Claims 1-20 are pending. Claims 1-20 are under consideration in the instant office action.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 06 December 2024 is noted and the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. A signed copy is attached herein.
Objection to the title
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The title of the instant application is “COMPOSITION FOR CARING FOR AND/OR MAKING UP KERATIN MATERIALS”. The title should be brief but technically accurate and descriptive and should contain fewer than 500 characters. The title does not reflect the main inventive concept of Applicant’s invention and the major components of the “COMPOSITION FOR CARING FOR AND/OR MAKING UP KERATIN MATERIALS”. The title is generic and can be applicable to any “COMPOSITION FOR CARING FOR AND/OR MAKING UP KERATIN MATERIALS”. The examiner advises Applicant to consider including major components of the composition in the title to precisely reflect the inventive concept. Inasmuch as the words "new," "improved," "improvement of," and "improvement in" are not considered as part of the title of an invention, these words should not be included at the beginning of the title of the invention and will be deleted when the Office enters the title into the Office’s computer records, and when any patent issues. Similarly, the articles "a," "an," and "the" should not be included as the first words of the title of the invention and will be deleted when the Office enters the title into the Office’s computer records, and when any patent issues.
Claim Objections
Claim 1 recites “A composition in the form of an oil-in-water emulsion for caring for and/or making up keratin materials, comprising:
(i) relative to the total weight of the composition, at least 0.6 wt.% of at least one first
surfactant selected from silicone surfactants;
(ii) at least one second surfactant different from the first surfactant and different from
saturated C14-C22 fatty acids;
(iii) at least one structuring agent selected from saturated C14-C22 fatty acids; and
(iv) at least one saponifier,
wherein a weight ratio of the structuring agent to the second surfactant is from 0.2 to 2.0.” Claim 10 which depends from claim 1 recites “The composition according to claim 1, comprising, relative to the total weight of the composition:
(i) from 0.8 wt.% to 5 wt.% of at least one first surfactant selected from the group
consisting of polydimethylsiloxanes comprising both oxyethylene groups
and oxypropylene groups,
(ii) from 0.8 wt.% to 12 wt.% of at least one second surfactant selected from the
group consisting of mono- and polyglyceryl esters of a fatty acid, ethers of a sugar and of C8-C24 fatty alcohols, fatty acid esters of polyalkylene glycol, C14-C24 fatty alcohols, and mixtures thereof; and
(iii) from 1.3 wt.% to 6 wt.% of at least one structuring agent selected from the group
consisting of linear and saturated C14-C18 fatty acids; and
(iv) from 0.15 wt.% to 0.6 wt.% of at least one saponifier selected from the group
consisting of sodium hydroxide, potassium hydroxide, magnesium hydroxide, ammonium
hydroxide, monoethanolamine, diethanolamine, triethanolamine, tromethamine, N-
methylglucamine, arginine, lysine, arginine, and a combination thereof.”
For the purposes of clarity and providing proper antecedent basis, each of the bolded recitations of the respective components in claim 10 should recite as “the at least one…”. Appropriate correction is 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.
Claims 1-11 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.
Claims 1-3 read in relevant parts "the first surfactant" (claim , line 5; claim 2, line 2; claim 3, line 2). However, base claim 1 recites "at least one first surfactant" (lines 3-4), which encompasses multiple first surfactants. Because of the multiplicity (i.e., at least one first surfactant), it is unclear whether the singular reference, i.e., “the first surfactant” is intended to refer to just one, more than one, or all of the first surfactants, i.e., do the further limitations apply to just one, more than one or all of the first surfactants.
Claims 1 and 4-5 read in relevant parts "the second surfactant" (claim 1, line 9; claim 4, line 2; claim 5, line 2). However, base claim 1 recites "at least one second surfactant" (line 5), which encompasses multiple second surfactants. Because of the multiplicity (i.e., at least one second surfactant), it is unclear whether the singular reference, i.e., “the second surfactant” is intended to refer to just one, more than one, or all of the second surfactants, i.e., do the further limitations apply to just one, more than one or all of the second surfactants.
Claims 1 and 6-7 read in relevant parts "the structuring agent" (claim 1, line 9; claim 6, line 2; claim 7, line 2). However, base claim 1 recites "at least one structuring agent" (line 7), which encompasses multiple structuring agents. Because of the multiplicity (i.e., at least one structuring agent), it is unclear whether the singular reference, i.e., “the structuring agent” is intended to refer to just one, more than one, or all of the structuring agents, i.e., do the further limitations apply to just one, more than one or all of the structuring agents.
Claims 8-9 read in relevant parts "the saponifier" (claim 8, line 2; claim 9, line 2). However, base claim 1 recites "at least one saponifier" (line 8), which encompasses multiple saponifiers. Because of the multiplicity (i.e., at least one saponifier), it is unclear whether the singular reference, i.e., “the saponifier” is intended to refer to just one, more than one, or all of the saponifiers, i.e., do the further limitations apply to just one, more than one or all of the saponifiers.
Claim 1 recites “A composition in the form of an oil-in-water emulsion for caring for and/or making up keratin materials, comprising:
(i) relative to the total weight of the composition, at least 0.6 wt.% of at least one first
surfactant selected from silicone surfactants;
(ii) at least one second surfactant different from the first surfactant and different from
saturated C14-C22 fatty acids;
(iii) at least one structuring agent selected from saturated C14-C22 fatty acids; and
(iv) at least one saponifier,
wherein a weight ratio of the structuring agent to the second surfactant is from
0.2 to 2.0.” Claim 10 which depends from claim 1 recites “The composition according to claim 1, comprising, relative to the total weight of the composition:
(i) from 0.8 wt.% to 5 wt.% of at least one first surfactant selected from the group
consisting of polydimethylsiloxanes comprising both oxyethylene groups
and oxypropylene groups,
(ii) from 0.8 wt.% to 12 wt.% of at least one second surfactant selected from the
group consisting of mono- and polyglyceryl esters of a fatty acid, ethers of a sugar and of C8-C24 fatty alcohols, fatty acid esters of polyalkylene glycol, C14-C24 fatty alcohols, and mixtures thereof; and
(iii) from 1.3 wt.% to 6 wt.% of at least one structuring agent selected from the group
consisting of linear and saturated C14-C18 fatty acids; and
(iv) from 0.15 wt.% to 0.6 wt.% of at least one saponifier selected from the group
consisting of sodium hydroxide, potassium hydroxide, magnesium hydroxide, ammonium
hydroxide, monoethanolamine, diethanolamine, triethanolamine, tromethamine, N-
methylglucamine, arginine, lysine, arginine, and a combination thereof.”
For the purposes of clarity and providing proper antecedent basis, each of the bolded recitations of the respective components in claim 10 should recite as “the at least one…”.
The dependent claims 2-11 do not clarify the issues raised above.
Claim Rejections - 35 USC § 103
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Brun et al. (EP3003491) in view of Araki et al. (US 2012/0164086).
Applicant Claims
Applicant claims a composition in the form of an oil-in-water emulsion for caring for and/or making up keratin materials, comprising the ingredients as claimed. Dependent claims thereof recite other features.
Determination of the Scope and Content of the Prior Art (MPEP §2141.01)
Brun et al. teach cosmetic compositions comprising at least one associative polyurethane and at least one hydrophobic coated pigment, in the form of oil-in-water emulsions. These compositions are particularly intended for skin care and/or makeup (see paragraph 0001). Brun et al. teach preferably, the composition according to the invention comprises at least one nonionic surfactant. The nonionic surfactants may be chosen especially from alkyl and polyalkyl esters of poly(ethylene oxide), oxyalkylenated alcohols, alkyl and polyalkyl ethers of poly(ethylene oxide), optionally polyoxyethylenated alkyl and polyalkyl esters of sorbitan, optionally polyoxyethylenated alkyl and polyalkyl ethers of sorbitan, alkyl and polyalkyl glycosides or polyglycosides, in particular alkyl and polyalkyl glucosides or polyglucosides, alkyl and polyalkyl esters of sucrose, alkyl and polyalkyl esters of glucose, optionally polyoxyethylenated alkyl and polyalkyl esters of glycerol, optionally polyoxyethylenated alkyl and polyalkyl ethers of glycerol, gemini surfactants, silicone surfactant, cetyl alcohol and stearyl alcohol, and mixtures thereof (paragraphs 0132-0133). The term "silicone surfactant" is intended to mean a silicone compound comprising at least one oxyalkylenated chain, in particular comprising at least one oxyethylenated (-OCH2CH2-) and/or oxypropylenated (-OCH2CH2CH2-) chain and/or polyglycerol chain. As silicone surfactant, examples that may be mentioned include polydimethylsiloxanes comprising both oxyethylenated groups and oxypropylenated groups. Mention may, for example, be made of the polydimethylsiloxane with an oxyethylene/oxypropylene ending sold as a mixture with caprylic/capric acid triglycerides under the name Abil care 85 by the company Evonik Goldschmidt (INCI name: BIS-PEG/PPG-16/16 PEG/PPG-16/16 Dimethicone/Caprylic/Capric Triglyceride), the polydimethylsiloxane comprising an alpha-omega polyether group (OE/OP: 40/60), sold under the name Abil B8832 by the company Goldschmidt (INCI name: BIS-PEG/PPG-20/20 Dimethicone), the oxyethylenated oxypropylenated polydimethylsiloxane sold under the name Abil B88184 by the company Goldschmidt (INCI name: PEG/PPG-20/6 Dimethicone), the polydimethylsiloxane with oxyethylene/oxypropylene ending, sold under the name Abil Care XL 80 by the company Evonik Goldscmidt (INCI name: BIS-PEG/PPG-20/5 PEG/PPG20/5 Dimethicone; Methoxy PEG/PPG-25/4) Dimethicone; Caprylic/Capric Triglyceride and the oxyethylenated oxypropylenated polydimethyl/methylsiloxane sold under the name Abil B8852 by the company Goldschmidt (INCI name: PEG/PPG-4/12 Dimethicone), and mixtures thereof. Alternatively, silicone surfactant may also be a polydimethylsiloxane with polyglyceryl chains, such as polyglyceryl-3 polymethylsiloxyethyl dimethicone, laurylpolyglyceryl-3 polymethylsiloxyethyl dimethicone and polyglyceryl-3 disiloxane dimethicone and mixtures thereof. Such silicone surfactants are described in patent application EP1213316. According to a particular embodiment, the silicone surfactant is a polyglyceryl-3 disiloxane dimethicone sold under the trade name KF 6100 by the company Shin Etsu, and mixtures thereof (paragraph 0146). In a preferred embodiment, the nonionic surfactant is a silicone surfactant. Preferably, the silicone surfactant is polydimethylsiloxane with an oxyethylene/oxypropylene ending, such as the one sold as a mixture with caprylic/capric acid triglycerides under the name Abil care 85 by the company Evonik Goldschmidt (INCI name: BIS-PEG/PPG-16/16 PEG/PPG-16/16 Dimethicone/Caprylic/Capric Triglyceride) (paragraph 0147). Brun et al. teach for example composition containing different ingredients as set forth below in composition 13:
PNG
media_image1.png
548
648
media_image1.png
Greyscale
Composition 13 demonstrates the use of 2% of a silicone surfactant which is polydimethylsiloxane with an oxyethylene/oxypropylene ending (BIS-PEG/PPG-16/16 PEG/PPG-16/16 Dimethicone/Caprylic/Capric Triglyceride). Composition 13 also contains stearic acid which is a structuring agent; stearilic alcohol ( which is a C18 fatty alcohol), sucrose mono-di-palmito stearate (sucrose ester), and steareth-100/PEG-136/HDI copolymer which all of them met the at least one second surfactant. In another embodiment, the composition according to the invention comprises at least one anionic surfactant. One of ordinary skill in the art can easily calculate weight ratio of structuring agent to second surfactant of for example 0.3: (0.5+1.5+1.5) which is equal to 0.3:3.5 which overlaps in scope with the claimed ratio in claim 1. Brun et al. teach as anionic surfactants may be mentioned carboxylates (sodium 2-(2-hydroxyalkyloxy)acetate), amino acid derivatives (N-acylglutamates, N-acylglycinates or acylsarcosinates), alkyl sulfates, alkyl ether sulfates and oxyethylenated derivatives thereof, sulfonates, isethionates and N-acylisethionates, taurates and N-acyl N-methyltaurates, sulfosuccinates, alkyl sulfoacetates, phosphates and alkyl phosphates, polypeptides, anionic derivatives of alkyl polyglycoside (acyl-D-galactoside uronate), and fatty acid soaps, and mixtures thereof (paragraph 0151). The phosphate surfactant may be selected from monoalkyl phosphates, dialkyl phosphates, salts of monoalkyl phosphates, salts of dialkyl phosphates, and mixtures thereof. More preferably, the monoalkyl phosphates and dialkyl phosphates comprise one or more linear or branched and aliphatic and/or aromatic alkyl chains having from 8 to 22 carbon atoms. According to preferred embodiments, the phosphate surfactant(s) can be neutralized with organic or inorganic bases such as, for example, potassium hydroxide, sodium hydroxide, triethanolamine, arginine, lysine and N-methylglucamine to form the aforementioned salts (paragraph 0152). A cosmetic composition according to the invention may also further comprise any additive normally used in the field in question, for example chosen from gums, resins, dispersants, polymers, antioxidants, essential oils, preservatives, fragrances, neutralizing agents, antiseptic agents, anti-UV protective agents, cosmetic active agents, such as vitamins, hydrating agents, emollients or collagen-protecting agents, and mixtures thereof (paragraph 0181). The cosmetic compositions covered by the invention may be face or body treatment or makeup products. The compositions according to the invention are cosmetic compositions intended for makeup and/or skincare. Preferably, the compositions according to the invention are in the form of a foundation. These compositions are thus intended to be applied onto the skin. The present invention also relates to a non-therapeutic cosmetic skin treatment method comprising a step for applying at least one layer of a composition according to the invention onto the skin. The present invention also relates to a non-therapeutic makeup and/or skincare method comprising a step for applying at least one layer of a composition as defined above onto the skin (paragraphs 0183-0188).
Ascertainment of the Difference Between Scope of the Prior Art and the Claims
(MPEP §2141.012)
Brun et al. does not specifically teach the incorporation of saponifer and its amounts as well as the amount of the structuring agent as claimed in claim 7. These deficiencies are cured by the teachings of Araki et al.
Araki et al. teach a production method that can easily produce an O/W emulsion composition without using a special cooling apparatus and be economical. The production method of an O/W emulsion composition comprising: emulsifying, at 70° C. or higher, an oil phase with a portion of a water phase to prepare an emulsified part, wherein the oil phase comprises (A) a nonionic surfactant, (B) a linear higher alcohol that has 16 or more carbon atoms and can form an α-gel in water with the nonionic surfactant, and (C) an oil component, and the water phase comprises (D) water; mixing the remaining main water phase at 10 to 35° C. with the emulsified part while being stirred, to cool the emulsified part with continuous stirring to the lower temperature limit, or lower, of a temperature range wherein the oil phase forms an α-gel in the water phase; and then stopping the stirring (see abstract). That is, the production method of an O/W emulsion composition comprises the steps of: emulsifying, at 70° C. or higher, an oil phase with a portion of a water phase to prepare an emulsified part, wherein the oil phase comprises (A) a nonionic surfactant, (B) a linear higher alcohol that has 16 or more carbon atoms and can form an α-gel in water with the nonionic surfactant, and (C) an oil component, and the water phase comprises (D) water (see paragraphs 0009-0016). The concentrations of (A) a nonionic surfactant and (B) a linear higher alcohol having 16 or more carbon atoms are not limited in particular. Preferably, the total amount of (A) the nonionic surfactant and (B) the linear higher alcohol having 16 or more carbon atoms, in the O/W emulsion composition, is 0.5 to 10 parts by mass with respect to 10 parts by mass of (C) the oil component. If the total amount is less than 0.5 parts by mass, a highly stable O/W emulsion composition may not be obtained because of low surfactant content. If the total amount exceeds 10 parts by mass, there is an unfavorable trend from the standpoint of usability because of too much surfactant (paragraph 0042). (C) An oil component used in the present invention is not limited in particular. In order to adjust the α-gel formation temperature range, solid oil components and liquid oil components can be separately used for the mixing and addition (paragraph 0043). In the present invention, it is preferable that one or more higher fatty acids are blended in (C) the oil component. By blending the higher fatty acid these in the oil component, the emulsion particles become much finer, and a more stable O/W emulsion composition can be obtained. As the higher fatty acid, those having 16 to 24 carbon atoms are preferable. Examples thereof include unsaturated fatty acids such as oleic acid, linoleic acid, and linolenic acid; isostearic acid, isopalmitic acid, isomyristic acid, behenic acid, stearic acid, palmitic acid, and myristic acid. The content of higher fatty acids in the O/W emulsion composition is preferably 0.1 to 3 mass % and more preferably 0.2 to 1.5 mass % (paragraph 0046). Araki et al. teach the inclusion of neutralizing agents such as potassium hydroxide, sodium hydroxide, and triethanolamine in the composition (paragraph 0073). The inclusion of 0.1% potassium hydroxide is demonstrated in examples 1-2 and 0.5% triethanolamine in example 3.
Finding of Prima Facie Obviousness Rationale and Motivation
(MPEP §2142-2143)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the teachings of Brun et al. by incorporating saponifer and its amounts as well as the amount of the structuring agent as claimed in claim 7 because Araki et al. teach a production method that can easily produce an O/W emulsion composition without using a special cooling apparatus and be economical. The production method of an O/W emulsion composition comprising: emulsifying, at 70° C. or higher, an oil phase with a portion of a water phase to prepare an emulsified part, wherein the oil phase comprises (A) a nonionic surfactant, (B) a linear higher alcohol that has 16 or more carbon atoms and can form an α-gel in water with the nonionic surfactant, and (C) an oil component, and the water phase comprises (D) water; mixing the remaining main water phase at 10 to 35° C. with the emulsified part while being stirred, to cool the emulsified part with continuous stirring to the lower temperature limit, or lower, of a temperature range wherein the oil phase forms an α-gel in the water phase; and then stopping the stirring (see abstract). That is, the production method of an O/W emulsion composition comprises the steps of: emulsifying, at 70° C. or higher, an oil phase with a portion of a water phase to prepare an emulsified part, wherein the oil phase comprises (A) a nonionic surfactant, (B) a linear higher alcohol that has 16 or more carbon atoms and can form an α-gel in water with the nonionic surfactant, and (C) an oil component, and the water phase comprises (D) water (see paragraphs 0009-0016). The concentrations of (A) a nonionic surfactant and (B) a linear higher alcohol having 16 or more carbon atoms are not limited in particular. Preferably, the total amount of (A) the nonionic surfactant and (B) the linear higher alcohol having 16 or more carbon atoms, in the O/W emulsion composition, is 0.5 to 10 parts by mass with respect to 10 parts by mass of (C) the oil component. If the total amount is less than 0.5 parts by mass, a highly stable O/W emulsion composition may not be obtained because of low surfactant content. If the total amount exceeds 10 parts by mass, there is an unfavorable trend from the standpoint of usability because of too much surfactant (paragraph 0042). (C) An oil component used in the present invention is not limited in particular. In order to adjust the α-gel formation temperature range, solid oil components and liquid oil components can be separately used for the mixing and addition (paragraph 0043). One of ordinary skill in the art would have been motivated to do so because Araki et al. teach that in the present invention, it is preferable that one or more higher fatty acids are blended in (C) the oil component. By blending the higher fatty acid these in the oil component, the emulsion particles become much finer, and a more stable O/W emulsion composition can be obtained. As the higher fatty acid, those having 16 to 24 carbon atoms are preferable. Examples thereof include unsaturated fatty acids such as oleic acid, linoleic acid, and linolenic acid; isostearic acid, isopalmitic acid, isomyristic acid, behenic acid, stearic acid, palmitic acid, and myristic acid. The content of higher fatty acids in the O/W emulsion composition is preferably 0.1 to 3 mass % and more preferably 0.2 to 1.5 mass % (paragraph 0046). Araki et al. teach the inclusion of neutralizing agents such as potassium hydroxide, sodium hydroxide, and triethanolamine in the composition (paragraph 0073). The inclusion of 0.1% potassium hydroxide is demonstrated in examples 1-2 and 0.5% triethanolamine in example 3. The neutralizing agents as conventionally known are used to adjust pH. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) In the case where the claimed amount of ingredients "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985). Furthermore, differences in concentration will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233,235 (CCPA 1955). One of ordinary skill in the art would have had a reasonable expectation of success in combining the teachings of Brun et al. and Araki et al. because both references teach oil-in-water emulsion based cosmetic composition.
In light of the forgoing discussion, the Examiner concludes that the subject matter defined by the instant claims would have been obvious within the meaning of 35 USC 103. Therefore, the invention as a whole was prima facie obvious to one of ordinary skill in the art at before the effective filing date of the instant invention, as evidenced by the references, especially in the absence of evidence to the contrary.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIGABU KASSA whose telephone number is (571)270-5867. The examiner can normally be reached on 8 AM-5 PM.
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, David Blanchard can be reached on 571-272-0827. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TIGABU KASSA/Primary Examiner, Art Unit 1619
Prosecution Insights