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 information disclosure statement (IDS) submitted on 10/9/2024 was considered by the examiner.
Claim Objections
Claims 4-6 are objected to because of the following informalities: A space is missing between the dash (‘-‘) and the word ‘one’. Appropriate correction is required.
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, 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.
Claims 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Colaco et al (US 2013/0149358) in view of Vic et al. (US 2017/0042776), evidenced by EWG Red 5 (2 pages) and EWG Blue 1 (1 page).
Colaco is directed to compositions/methods for treating keratin fibers (i.e. hair), the method comprising applying a composition comprising an aminosilicone polymer, having a structure
PNG
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125
223
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Greyscale
wherein x and y are from 1-6 and may be linear or branched (see [0028, 0031] and claim 1; see instant claims 1-2) and a pigment, such as iron oxide (a colored metal oxide) (see claims 8 and 9; see instant claims 1 and 7), Red No 5 (CI 12490; see evidence) and Blue No 1 (CI 42090; see evidence) (see [0040]; see instant claim 8), onto hair, rinsed away and then dried (see [0067]).
The aminosilicone is present in the composition in an amount of 0.01-25% by weight (see [0038]; see instant claims 4-6). Although Colaco does not teach the aminopolymers presence as a percentage relative to the combination of the aminosilicone and pigment, such would have been obvious given the general framework of the claimed invention is described by the reference. See MPEP 2144.05(II) regarding obviousness of concentrations where the general conditions are taught by the prior art.
The pigment is to be present in the composition an amount of between about 0.01-25% by weight (see [0046]; see instant claim 10-12). Although Colaco does not teach the pigment concentration as a percentage relative to the combination of the aminosilicone and pigment, such would have been obvious given the general framework of the claimed invention is described by the reference. See MPEP 2144.05(II) regarding obviousness of concentrations where the general conditions are taught by the prior art.
Regarding instant claim 9, the means by which the pigments are produced, e.g. vacuum-metallized pigments, or based is considered a product-by-process limitation. See MPEP 2113.
Colaco fails to teach the method as comprising irradiating the hair for a period of 1-60 minutes with UV/VIS radiation having a wavelength of 200-800 nm.
Vic is directed to dying keratin fibers by applying a dye containing composition to the hair and then irradiating with UV/VIS radiation having a wavelength of 200-800 nm (see [0018-0020]) for between 1-15 minutes (see [0125]; see instant claims 1 and 13). It is taught that irradiation the treated hair improves the dying process (see [0008, 0023]). Vic teaches that the composition is applied to the hair, irradiated and then washed/rinsed (see [0196, 0202, 0208]). Modifying Vic’s method such that the method washes hair prior to irradiation would have been an obvious modification. See MPEP 2144.04(IV)(C) which states that selection of any order of performing process steps is obvious in the absence of new or unexpected results. Moreover, one of ordinary skill in the art would desire to irradiate the hair quickly after washing so as to ensure the dying process occurred while the coloring composition was still present on the hair (see instant claim 14). The radiation source is artificial and can be that of a lamp or diode (see [0035]; see instant claim 18). Regarding the wavelength, more particularly, the UV-visible radiation has a wavelength of 365 nm, 385 nm or 405 nm (±10 nm) (see [0114]; see instant claims 17 and 20). Regarding instant claim 19, although not specifically contemplated by Vic, such narrow wavelengths, e.g. 250-260 nm, would have been obvious given the range is within that of the reference and narrow bands are contemplated (see instant claim 19). See MPEP 2143(I)(A).
Therefore, the invention as a whole is prima facie obvious to one of ordinary skill in the art at the time the invention was filed, as evidenced by the references, especially in absence of evidence to the contrary.
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.
Claim 8 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 8 recites, “…wherein the coloring agent (F) comprises at least one organic pigment (f2), wherein the organic pigment is selected from the group consisting of carmine, quinacridone, phthalocyanine, sorghum, blue pigments having the Color Index Numbers, Cl 42090, CI 69800, CI 69825, CI 73000, CI 74100, CI 74160, yellow pigments having the Color Index Numbers, CI 11680, CI 11710, CI 15985, CI 19140, CI 20040, CI 21100, CI 21108, CI 47000, CI 47005, green pigments having the Color Index Numbers, CI 61565, CI 61570, CI 74260, orange pigments having the Color Index Numbers, CI 11725, CI 15510, CI 45370, CI 71105, red pigments having the Color Index Numbers, CI 12085, CI 12120, CI 12370, CI 12420, CI 12490, CI 14700, CI 15525, CI 15580, CI 15620, CI 15630, CI 15800, CI 15850, CI 15865, CI 15880, CI 17200, CI 26100, CI 45380, CI 45410, CI 58000, CI 73360, CI 73915, and CI 75470.” The commas after “blue pigments having the Color Index Numbers,…”, “yellow pigments having the Color Index Numbers,…”, “green pigments having the Color Index Numbers,…” etc.. are confusing as there is no species recited after the phrase ‘Numbers’. Clarification is request
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE A PURDY whose telephone number is (571)270-3504. The examiner can normally be reached from 9AM to 5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Bethany Barham, can be reached on 571-272-6175. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE A PURDY/Primary Examiner, Art Unit 1611
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