Ex Parte WeiDownload PDFPatent Trial and Appeal BoardJun 29, 201613006452 (P.T.A.B. Jun. 29, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/006,452 01114/2011 27752 7590 07/01/2016 THE PROCTER & GAMBLE COMPANY Global IP Services Central Building, C9 One Procter and Gamble Plaza CINCINNATI, OH 45202 FIRST NAMED INVENTOR Karl Shiqing Wei UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 11579M 4544 EXAMINER GOTFREDSON,GAREN ART UNIT PAPER NUMBER 1619 NOTIFICATION DATE DELIVERY MODE 07/01/2016 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): centraldocket.im @pg.com pair_pg@firsttofile.com mayer.jk@pg.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte KARL SHIQING WEI 1 Appeal2014-008407 Application 13/006,452 Technology Center 1600 Before MELANIE L. McCOLLUM, ULRIKE W. JENKS, and JOHN G. NEW, Administrative Patent Judges. NEW, Administrative Patent Judge. DECISION ON APPEAL 1 Appellant states the real party-in-interest is The Proctor & Gamble Co. App. Br. 1. Appeal2014-003362 Application 12/867 ,372 SUMMARY Appellants file this appeal under 35 U.S.C. § 134(a) from the Examiner's Final Rejection of claims 1-10 as unpatentable under 35 U.S.C. § 103(a) as being obvious over the combination of Cetti et al. (US 2009/0028809 Al, January 29, 2009) ("Cetti") and Ilardi et al. (US 5,961,992, October 5, 1999) ("Ilardi"). We have jurisdiction under 35 U.S.C. § 6(b ). We AFFIRM. REPRESENTATIVE CLAIM Appellants argue all of the claims together. App. Br. 2. Claim 1 is representative of the claims on appeal and recites: 1. A method for improving the quality of skin, compnsmg: dispensing from a personal care article a personal care composition that comprises a hydrophobic benefit agent, applying the personal care composition to a user's skin together with water, rinsing the personal care composition from the user's skin, wherein a portion of the hydrophobic benefit agent is deposited and remains on the user's skin after rinsing, and repeating the steps of applying and rinsing on at least a once daily basis over a time interval of successive days, the time interval of use sufficient to permit detection of measurable improvement in at least one skin property selected from one or more of reduction of visual dryness, a reduction in trans- epidermal water loss, increased skin hydration, increased elastic extension, increased elastic recovery, increased firmness, 2 Appeal2014-003362 Application 12/867 ,372 reduction in total protein, an increase in the amount of one or more of Keratin 1, Keratin 10 and Keratin 11, and a decrease in cytokine expression. App. Br. 4. We agree with, and explicitly adopt as our own, the Examiner's findings and conclusion, as set forth in the Examiner's Answer and Final Action, that the appealed claims are prima facie obvious over the cited prior art references. Ans. 2--4; see Final Act. 3--4. We are not persuaded by Appellant's arguments for the reasons stated by the Examiner. Ans. 4--5. DECISION The Examiner's rejection of claims 1-10 as unpatentable under 35 U.S.C. § 103(a) is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § l.136(a)(l ). See 37 C.F.R. § 1.136(a)(l )(iv). AFFIRMED 3 Copy with citationCopy as parenthetical citation