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 .
Status of the Claims
Claims 1-11 are pending and currently under examination.
Information Disclosure Statement
Initialed and dated copies of Applicants’ information disclosure statements (IDS) filed on 04/30/2025 is attached to the instant Office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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 8-9, and 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.
The term “higher” in claims 8 and 9 is a relative term which renders the claim indefinite. The term “higher” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Merriam-Webster defines “high” as c: situated or passing above the normal level, surface, base of measurement, or elevation. The limitation renders the claim indefinite because it is unclear what the lower limit of term higher is.
Claims depending from rejected claims have also been rejected because they incorporate
all of the limitations of the claims from which they depend, but fail to resolve the indefiniteness
concerns outlined 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, 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.
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 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Sonoyama et al. (US20170216154A1, Published 08/03/2018).
Applicant’s Invention
The Applicants claims are drawn to a production method of a powder solid cosmetic containing a UV wavelength conversion substance, wherein the method is a wet production process comprising a slurry step, wherein the wet production process comprises wet mixing the UV wavelength conversion substance, an oil component, and a volatile dispersant to obtain a slurry, and removing the volatile dispersant from the slurry, and solidifying the slurry to obtain the powder solid cosmetic comprising the UV wavelength conversion substance, wherein the UV wavelength conversion substance comprises one or more UV wavelength conversion substances selected from: phycocyanin, phycoerythrocyanin, phycoerythrin, vitamin A, 0-carotene, vitamin K, vitamin B 1, vitamin B2, vitamin B2 derivatives, vitamin B6, vitamin B 12, folic acid, and an inorganic phosphor.
Determination of the scope and the content of the prior art
(MPEP §2141.01)
Regarding claim 1, Sonoyama teaches a solid powder cosmetic obtained by blending 12-30 mass % of synthetic fluorphlogopite iron, 5-15 mass % of boron nitride, and 5-15 mass % of phenyl-modified silicone spherical elastic powder, relative to the total amount of cosmetic components, has satisfactory impact resistance and excellent usability, and thereby completed the present invention (paragraph [0016]). Sonoyama also teaches the solid powder cosmetic of the present invention is preferably prepared by a wet preparation method, wherein powder components (i.e., UV wavelength conversion substance) and oil components are added to a volatile dispersion medium, slurried, and filled into a container in a slurry state; and the solvent is removed to achieve solidification. This is because that a solid powder cosmetic with high impact resistance is generally obtained by a wet preparation method rather than a dry preparation method (paragraph [0078]). Sonoyama continues to teach the wet preparation method comprises a slurry preparation process wherein a suitable amount of volatile dispersion medium is added/mixed to a mixture of pulverized powder components, oil components, which are the binder, and (other components if necessary) to make a slurry (paragraph [0078]). Sonoyama further teaches in the solid powder cosmetic of the present invention, within the range that the effect of the present invention is not impaired, other components, for example vitamins can be suitably blended as necessary, and the cosmetic can be produced by the ordinary method according to the intended product (paragraph [0048]), wherein examples of vitamins include vitamins A, B1, B2, B6, and derivatives thereof (i.e., UV wavelength conversion substance) (paragraph [0071]).
Regarding claim 3, Sonoyama teaches product forms of the solid powder cosmetic of the present invention can take every product form in the category of powder cosmetics. Specifically, product forms such as foundation, eye shadow, cheek color, body powder, perfume powder, baby powder, pressed powder, deodorant powder, and face powder can be taken (paragraph [0076]).
Ascertainment of the Difference Between Scope the Prior Art and the Claims
(MPEP §2141.02)
Sonoyama does not disclose a single embodiment or example where every limitation recited in the instant claims are taught.
Finding of Prima Facie Obviousness Rationale and Motivation
(MPEP §2142-2143)
The claims are considered prima facie obvious to one of ordinary skill in the art because
Sonoyama teaches all of the claimed elements. It would have been prima facie obvious at the time of filing to have to a production method of a powder solid cosmetic containing a UV wavelength conversion substance, wherein the method is a wet production process comprising a slurry step, wherein the wet production process comprises wet mixing the UV wavelength conversion substance, an oil component, and a volatile dispersant to obtain a slurry, and removing the volatile dispersant from the slurry, and solidifying the slurry to obtain the powder solid cosmetic comprising the UV wavelength conversion substance, wherein the UV wavelength conversion substance comprises one or more UV wavelength conversion substances selected from: phycocyanin, phycoerythrocyanin, phycoerythrin, vitamin A, 0-carotene, vitamin K, vitamin B 1, vitamin B2, vitamin B2 derivatives, vitamin B6, vitamin B 12, folic acid, and an inorganic phosphor because Sonoyama teaches these elements as components of their invention.
With regards to the UV wavelength conversion substance, it would have been prima facie obvious to one of ordinary skill in the art at the time of filing to add a vitamin such as vitamins A, B1, B2, B6, and derivatives thereof as the UV wavelength conversion substance in Sonoyama’s solid powder cosmetic. Sonoyama teaches the solid powder cosmetic of the present invention, within the range that the effect of the present invention is not impaired, other components, for example vitamins can be suitably blended as necessary, and the cosmetic can be produced by the ordinary method according to the intended product (paragraph [0048]), wherein examples of vitamins include vitamins A, B1, B2, B6, and derivatives thereof (i.e., UV wavelength conversion substance) (paragraph [0071]). It would have been obvious to add a vitamin such as vitamins A, B1, B2, B6, and derivatives thereof as the UV wavelength conversion substance in Sonoyama’s solid powder cosmetic because Sonoyama teaches vitamins A, B1, B2, B6, and derivatives thereof (i.e., UV wavelength conversion substance) (paragraph [0071]) are components that can be added to Sonoyama’s solid powder cosmetic wherein the wet preparation method comprises a slurry preparation process wherein a suitable amount of volatile dispersion medium is added/mixed to a mixture of pulverized powder components, oil components, which are the binder, and (other components if necessary) to make a slurry (paragraph [0078]).
Claims 2, 4-7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sonoyama et al. (US20170216154A1, Published 08/03/2018) in view of Yumiko et al. (WO2017142057A1, Published 08/24/2017; cited in the IDS filed 04/30/2025).
Applicant’s Invention
Sonoyama renders obvious all the limitations of instant claim 1. Applicants claim 2 further adds the limitation wherein the content of the UV wavelength conversion substance is 0.01 to 20% by weight relative to the total of the powder solid cosmetic. Applicants claim 4 further adds wherein a fluorescence intensity increasing effect is exhibited. Applicants claim 5 further adds the limitation where a cell activation effect is exhibited. Applicants claim 6 further adds the limitation wherein the UV wavelength conversion substance comprises an inorganic phosphor. Applicants claim 7 further adds the limitation wherein the UV wavelength conversion substance comprises one or more inorganic phosphor selected from a zinc oxide phosphor, and a magnesium titanate phosphor. Applicants claim 10 further adds the limitation wherein the content of the UV wavelength conversion substance is 1 to 10% by weight relative to the total of the powder solid cosmetic.
Determination of the scope and the content of the prior art
(MPEP §2141.01)
Regarding claim 1, Sonoyama teaches a solid powder cosmetic obtained by blending 12-30 mass % of synthetic fluorphlogopite iron, 5-15 mass % of boron nitride, and 5-15 mass % of phenyl-modified silicone spherical elastic powder, relative to the total amount of cosmetic components, has satisfactory impact resistance and excellent usability, and thereby completed the present invention (paragraph [0016]). Sonoyama also teaches the solid powder cosmetic of the present invention is preferably prepared by a wet preparation method, wherein powder components (i.e., UV wavelength conversion substance) and oil components are added to a volatile dispersion medium, slurried, and filled into a container in a slurry state; and the solvent is removed to achieve solidification. This is because that a solid powder cosmetic with high impact resistance is generally obtained by a wet preparation method rather than a dry preparation method (paragraph [0078]). Sonoyama continues to teach the wet preparation method comprises a slurry preparation process wherein a suitable amount of volatile dispersion medium is added/mixed to a mixture of pulverized powder components, oil components, which are the binder, and (other components if necessary) to make a slurry (paragraph [0078]). Sonoyama further teaches in the solid powder cosmetic of the present invention, within the range that the effect of the present invention is not impaired, other components, for example vitamins can be suitably blended as necessary, and the cosmetic can be produced by the ordinary method according to the intended product (paragraph [0048]), wherein examples of vitamins include vitamins A, B1, B2, B6, and derivatives thereof (i.e., UV wavelength conversion substance) (paragraph [0071]).
Ascertainment of the Difference Between Scope the Prior Art and the Claims
(MPEP §2141.02)
Sonoyama does not teach wherein the content of the UV wavelength conversion substance is 0.01 to 20% by weight relative to the total of the powder solid cosmetic (instant claim 2); wherein a fluorescence intensity increasing effect is exhibited (instant claim 4); where a cell activation effect is exhibited (instant claim 5); wherein the UV wavelength conversion substance comprises an inorganic phosphor (instant claim 6); wherein the UV wavelength conversion substance comprises one or more inorganic phosphor selected from a zinc oxide phosphor, and a magnesium titanate phosphor (instant claim 7); the content of the UV wavelength conversion substance is 1 to 10% by weight relative to the total of the powder solid cosmetic (instant claim 10). However, these deficiencies are cured by Yumiko et al.
In the analogous art of cosmetics, Yumiko teaches the present invention is a topical dermatological composition containing a powder (A) and an inorganic phosphor (B), the amount of inorganic phosphor (B) being 0.0001-9.5% by mass with respect to the total composition. The powder (A) is preferably at least one type of powder selected from the group consisting of boron nitride (abstract). Yumiko also teaches The inorganic phosphor is preferably an activation type phosphor comprising a crystal host and an activator. The crystal matrix preferably contains a metal oxide, such as Zn (zinc), wherein examples of the activator that can be used include Zn (zinc) (paragraphs [0041-0042]). Yumiko further teaches as the titanate phosphor, manganese- or europium-activated magnesium titanate is more preferable (paragraph [0047]). Yumiko continues to teach A method for enhancing the fluorescence intensity of a topical skin composition containing an inorganic phosphor (B), the method being characterized by comprising blending a powder (A), and ensuring that the content of the inorganic phosphor (B) in the entire topical skin composition obtained is 0.0001 to 9.5 mass% (claim 10). Yumiko further teaches in addition to the above-mentioned essential components, the composition for external use on skin of the present invention may contain other components according to various purposes a cell activating component (paragraph [0055]).
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 at the time of filing to use an inorganic phosphor as the UV wavelength conversion substance in Sonoyama’s solid powder cosmetic. Sonoyama teaches a solid powder cosmetic obtained by blending 12-30 mass % of synthetic fluorphlogopite iron, 5-15 mass % of boron nitride, and 5-15 mass % of phenyl-modified silicone spherical elastic powder, relative to the total amount of cosmetic components, has satisfactory impact resistance and excellent usability, and thereby completed the present invention (paragraph [0016]). The artisan of ordinary skill would have been motivated to add an inorganic phosphor as the UV wavelength conversion substance because Yumiko teaches that the inorganic phosphors emits light (paragraph [0013]) and (A) powder (i.e., boron nitride) enhances the luminescence intensity of the red light emitted from the inorganic phosphor (B), the topical skin composition of the present invention exhibits excellent color development (luminescence) (paragraph [0040]). The skilled artisan would have had a reasonable expectation of success because Sonoyama teaches a solid powder cosmetic which comprises boron nitride (i.e., a powder) and Yumiko teaches the present invention is a topical dermatological composition containing a powder (A) and an inorganic phosphor (B), the amount of inorganic phosphor (B) being 0.0001-9.5% by mass with respect to the total composition. The powder (A) is preferably at least one type of powder selected from the group consisting of boron nitride (abstract).
With regards to claims 4 and 5, wherein a fluorescence intensity increasing effect is exhibited and wherein a cell activation effect is exhibited which does not limit the production method of the powder solid cosmetic, it would have been obvious for fluorescence intensity to increase and a cell activation effect to be exhibited in Sonoyama’s solid powder cosmetic because Sonoyama teaches a solid powder cosmetic which comprises boron nitride (i.e., a powder) wherein within the range that the effect of the present invention is not impaired, other components, for example can be suitably blended as necessary (paragraph [0048]) and Yumiko teaches a method for enhancing the fluorescence intensity of a topical skin composition containing an inorganic phosphor (B), characterized in that a powder (A) (i.e., boron nitride) is blended, and the content of component (B) and that other components according to various purposes a cell activating component can be added (paragraph [0055]), which would also cause a cell activation effect to be exhibited. The examiner points out that regarding claims 4 and 5, the claims recited an intended use for the powder solid cosmetic wherein a fluorescence intensity increasing effect is exhibited and wherein a cell activation effect is exhibited which does not limit the production method of the powder solid cosmetic.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AFUA BAMFOAA BOATENG whose telephone number is (703)756-1358. The examiner can normally be reached Monday - Friday 9:00am - 5:00pm.
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AFUA BAMFOAA BOATENGExaminer, Art Unit 1617
/ALI SOROUSH/Supervisory Patent Examiner, Art Unit 1614
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