ES2461365R1 - FRAGRANCE - Google Patents

Abstract

The object of the invention disclosed herein includes a perfume that includes water; alcohol; oil in a concentration of about 2 to 20% by weight; a constituent that confers essence; and a stabilizing agent in a concentration effective to impart an ability to effect a mist spray pattern when the perfume is sprayed through a sprayer.

Claims (3)

SPANISH OFFICE OF PATENTS AND BRANDS Application no .: 201430266 SPAIN Date of submission of the application: 18.07.2012  Priority Date: REPORT ON THE STATE OF THE TECHNIQUE 51 Int. Cl.: A61K8 / 72 (2006.01) A61Q13 / 00 (2006.01)  RELEVANT DOCUMENTS

Category

56 Documents cited Claims Affected

Y

WO 2004098556 A1 (FIRMENICH CIE et al.) 18.11.2004, page 1, lines 5-12; page 5, line 32 - page 7, line 14; Example 1; claims 1-9. 1-25

Y

US 2002155076 A1 (LANZENDORFER GHITA et al.) 24.10.2002, paragraphs 1,11,29,52,53,60,130,138,140-144,159; examples 1,5,7. 1-25

Y

US 20010046507 A1 (DIETZ, T. et al.) 29.11.2001, paragraphs 1,60,63,78; Example 1. 1-25

TO

“New Clariant products” [online], 01/19/2011 [retrieved 06.02.2014]. Recovered from the Internet: <URL: http://www.pressreleasefinder.com/item.asp?id=13555>. See paragraphs 1-6 and 15. 1-25

TO

“Polyacrylate Crosspolymer-6 (Sepimax Zen)” [online], 08.11.2009 [retrieved on 06.02.2014]. Recovered from the Internet: <URL: http://www.nicnas.gov.au/PUBLICATIONS/CAR/NEW/PLC/PLC0900SR/plc977.asp>. See paragraphs 1-3. 1-25

TO

WO 2009053148 A1 (TABARIE et al.) 04/30/2009, claims 1-15; page 3, line 35 - page 4, line 4; Example 1; pages 10-22. 1-25

TO

US 6270782 B1 (SAWYER, J.) 07.08.2001, column 1, lines 44-52; column 5, lines 60-65; column 6, line 20. 1-25

Category of the documents cited X: of particular relevance Y: of particular relevance combined with other / s of the same category A: reflects the state of the art O: refers to unwritten disclosure P: published between the priority date and the date of priority submission of the application E: previous document, but published after the date of submission of the application

This report has been prepared • for all claims • for claims no:

Date of realization of the report 03.06.2014

Examiner N. Martín Laso Page 1/4

REPORT OF THE STATE OF THE TECHNIQUE Application number: 201430266 Minimum documentation sought (classification system followed by classification symbols) A61K, A61Q Electronic databases consulted during the search (name of the database and, if possible, terms of search used) INVENES, EPODOC, WPI, NPL, XPESP, CAS. State of the Art Report Page 2/4 WRITTEN OPINION Application number: 201430266 Date of Completion of Written Opinion: 03.06.2014 Statement

Novelty (Art. 6.1 LP 11/1986)

Claims Claims 1-25 IF NOT

Inventive activity (Art. 8.1 LP11 / 1986)

Claims Claims 1-25 IF NOT

The application is considered to comply with the industrial application requirement. This requirement was evaluated during the formal and technical examination phase of the application (Article 31.2 Law 11/1986).  Opinion Base.- This opinion has been made on the basis of the patent application as published. State of the Art Report Page 3/4 WRITTEN OPINION Application number: 201430266  1. Documents considered.- The documents belonging to the state of the art taken into consideration for the realization of this opinion are listed below.

Document

Publication or Identification Number publication date

D01

WO 2004098556 A1 (FIRMENICH CIE et al.) 11/18/2004

D02

US 2002155076 A1 (LANZENDORFER GHITA et al.) 24.10.2002

D03

US 20010046507 A1 (DIETZ, T. et al.) 29.11.2001

D04

“New Clariant products” [online], 01/19/2011 [retrieved on 06/02/2014]. Recovered from the Internet: <URL: http://www.pressreleasefinder.com/item.asp?id=13555> . 01/19/2011

D05

“Polyacrylate Crosspolymer-6 (Sepimax Zen)” [online], 11/08/2009 [retrieved on 06/02/2014]. Recovered from the Internet: <URL: http://www.nicnas.gov.au/PUBLICATIONS/CAR/NEW/PLC/PLC0900SR/plc977.asp>. 11/08/2009

 2. Statement motivated according to articles 29.6 and 29.7 of the Regulations for the execution of Law 11/1986, of March 20, on Patents on novelty and inventive activity; quotes and explanations in support of this statement The application refers to perfume compositions comprising water, alcohol, oil, a constituent that confers essence, particles that impart color and a stabilizing agent. Document D01 discloses sprayable perfume compositions incorporating water, ethanol, a mixture of perfume-contributing compounds and a stabilizing agent. Stabilizing agents can be used copolymers of acryloyl dimethyltaurate ammonium, acrylic acid polymers or crosslinked polyacrylate polymers in 0.05 to 1.5% by weight, such as Carbopol (carboxyvinyl polymer) or Hostacerin AMP (acryloyl polymer ammonium dimethyl restaurant). The ingredients that provide perfume, such as essential oils, can be found in the compositions in an approximate percentage of 10%. Said document discloses in particular a perfume formed by water, ethanol, a mixture of compounds that provide perfume in 10% and Hostacerin AMP as a stabilizer in 0.7%. The perfume can be used together with other ingredients and can be introduced in containers for the preparation of different items (page 1, lines 512; page 5, line 32-page 7, line 14; example 1; claims 1-9). The difference between the invention defined in claim 1 of the application and what is disclosed in document D01 lies in the incorporation of particles that impart color in the perfume composition. Therefore, novelty to the invention recognized in said claim but not inventive activity is recognized. The incorporation of small amounts of pigments in cosmetic compositions in order to color them is widely known in the state of the art. Thus, document D02 discloses cosmetic compositions with a hydroalcoholic base that incorporate pigments or dyes such as black pigment 9, metallic and adolescent pigments such as mica, iron and titanium oxides or gloss particles, said particles stabilized with a crosslinked acryloyl dimethyl restaurant copolymer of ammonium / vinyl pyrrolidone, Aristoflex AVC (see paragraphs 1, 11, 29, 52, 53, 60, 130, 138, 140-144 and 159 and examples 1.5 and 7) and document D03 discloses water-oil emulsions with different uses cosmetics that can incorporate metal particles such as iron or titanium oxides to provide color and polyacrylate polymers, Tego Carbomer, as stabilizers (see paragraphs 1, 60, 63 and 78; example) 1. It is considered that one skilled in the art, without the need for an inventive effort, could incorporate pigments such as those used in the hydroalcoholic cosmetic compositions contained in documents D02 or D03, into a perfume such as that collected in document D01 for the same purpose of imparting color to said composition, thus obtaining the invention set forth in claims 1, 4, 6-11 and 21 of the application. Consequently, the invention defined in claims 1, 4, 6-11 and 21 of the application lacks inventive activity in the light of what is disclosed in document D01 together with what is disclosed in documents D02 or D03 considered separately (Art .  8.1 LP 11/1986). In relation to the dependent claims 2, 3, 5, 12-20 and 23-25 of the application it is considered that they do not provide technical characteristics which, in combination with claim 1 on which they depend, grant him inventive activity, since they refer to simple variations of the polymers used as stabilizers or to simple alternatives of the particles that can be added to the compositions that are widely known in the state of the art (see for example D04, paragraphs 1-5 and 15; or document D05, paragraphs 1-3) and that would fall within the usual practice of the person skilled in the art within the field to which the invention belongs. Therefore, the invention defined in claims 2, 3, 5, 12-20 and 23-25 of the application lacks inventive activity (Art. 8.1 LP 11/1986). State of the Art Report Page 4/4