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 2/6/25 was filed in a timely manner. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 1-14, 17, 18, 21 and 22 is/are rejected under 35 U.S.C. 102a1,2 as being anticipated by Nakano et al (US 2019/0201305 A1 hereafter Nakano).
Nakano discloses a hair care cosmetic composition comprising at least one organic acid, a non-aqueous solvent comprising a hydroxyl group, an amino acid, a fatty compound including vegetal waxes, water and at least one surfactant that can be cationic, anionic or nonionic [abstract, 003-004, 0267, claims]. The organic acid is alpha hydroxy acid [0068]. The organic acid includes citric or tartaric acid [0091]. The organic acid is present in a concentration of 1% [Table 1b]. The non-aqueous solvent, including propylene glycol and glycerin, present up to 25% [0024]. The fatty compound is a vegetal fat such as balsam resin, where the fatty vegetal source is present at 1% [0262, Table 2b]. The amino acid is arginine or glycine where the arginine is present at 1% [0156, Table 1c]. The one fatty compound can be a vegetal oil like coconut oil and beeswax [0030, 0113]. The one surfactant can be a nonionic surfactant like myristyl or stearyl alcohol, present from 0.5-5% [0071-0073]. The formulation comprises perfumes and fragrances [0261-0262]. The reference discloses a method of treating hair by applying the formulation to the hair [claim 14]. These disclosures render the claims anticipated.
Claim(s) 1-9, 12, 13, 15-17, 21 and 22 is/are rejected under 35 U.S.C. 102a1,2 as being anticipated by Reith et al (US 2015/0252302 A1 hereafter Reith).
Reith discloses a hair cleaning composition (abstract). The formulation comprises an organic acid, such as alpha or beta hydroxy acids or glycolic, lactic acid present about 1-10% [0117, 0185]. The non-aqueous solvent includes ethanol, propylene glycol where the ethanol is present from 0.1-5% [0100, 0165]. The formulation comprises amino acids such as arginine and glycine [0237]. The formulation comprises a fatty compound such as a vegetal oil like coconut or soybean oil or candelilla or carnuaba wax [0110, 0295]. The formulation comprises anionic, cationic or non-ionic surfactants [0141]. The cationic surfactants can be quaternary ammonium dimethyl benzyl ammonium salts present about 0.1-2% [0165]. The nonionic surfactant can be fatty alcohols like alkoxylated alcohols present about 5-10% [0122]. The formulation comprises fragrances and water [0228]. The formulation is applied in a method of cleaning the hair by applying the formulation to the hair [claims]. These disclosures render the claims anticipated.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICAH PAUL YOUNG whose telephone number is (571)272-0608. The examiner can normally be reached Monday through Friday, 9:00 am to 5:30 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, Michael Hartley can be reached at 5712720616. 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.
/MICAH PAUL YOUNG/Primary Examiner, Art Unit 1618
Prosecution Insights