DETAILED ACTION
Claims 1-6 are pending in the instant application.
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
The instant application claims priority to the U.S. Provisional Application Serial No. 63/611346 filed December 18, 2023.
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.
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hanashiro et al. (US 2021/0220240 A1) and SM Korea Beauty, BEMT Sun Stick, July 2023).
Hanashiro discloses a color dose formulation comprising coloring agents and is suitable for mixing with a sunscreen to prepare a customized color shade sunscreen product. The customized color shade sunscreen product may provide a sensorial benefit such as dry touch, good spreadability, no white residues, oil control and UV and visible light protection (Abstract). The formulation may be a cream, paste, or fluid dispersion ([0007]). The color dose formulation may comprise 6-27 wt % of the first pigment, 0.6-5.5 wt % of the second pigment, 0.1-7 .0 wt % of the third pigment, 2.0-20.0 wt% of the fourth pigment, or a combination thereof ([0012]). The sun filter may be bis-ethylhexyloxyphenol methoxyphenyl triazine (BEMT) ([0012]). The amount can be about 0.1-1.0 wt% of the bis-ethylhexyloxyphenol methoxyphenyl triazine ([0036]) or 2-4 wt % of the bis-ethylhexyloxyphenol methoxyphenyl triazine ([0037]). The customized color shade sunscreen products according to this invention provide excellent product stability and great sunscreen benefits, including high Sun Protection Factor (SPF) values, antioxidant effects, infrared protection, visible light protection, with high-level fillers for matte finish and shine control, sensorial performance ( e.g., dry touch, good spreadability, no white residues and oil control) and high level of pigments ([0013]).
SM Korean Beauty discloses a sun stick comprising BEMT (pg 5).
Therefore, it would have been obvious to one of ordinary person in the art before the effective filing date of the claimed invention to have combined teachings of above to create a method of improving color stability and/or color shade stability against light by including a sun filter agent such as BEMT into a color composition. This is taking some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Regarding claims 2-3, Hanashiro teaches the amount of BEMT as taught above.
Regarding claim 4, Hanashiro discloses that the sunscreen may comprise a polymer such as synthetic wax ([0042]). Hanashiro also discloses that the color dose formulation may comprise a silicon such as dimethicone ([0007]). These are known to be anhydrous materials.
Regarding claim 5, Hanashiro discloses fluid dispersion as taught above.
Regarding claim 6, a sunscreen composition can also be a stick as taught by SM Korea Beauty.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN SEUNGJAI KWON whose telephone number is (571)272-7737. The examiner can normally be reached Mon - Fri 8:00 - 5:00.
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/JOHN SEUNGJAI KWON/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615
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