Mascara compositions and method for curling lashes

Drug – bio-affecting and body treating compositions – Live hair or scalp treating compositions – Hair coloring

Reexamination Certificate

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C424S070700, C424S070110, C424S070170, C424S401000, C424S063000

Reexamination Certificate

active

06214329

ABSTRACT:

TECHNICAL FIELD
The invention is in the field of compositions for application to the eyelashes and eyebrows.
BACKGROUND OF THE INVENTION
Mascara is a very popular cosmetic with women who wish to color, thicken, and accentuate the eyelashes. A “gold standard” mascara should provide optimal length, color, thickness, and curl to the lashes. Cosmetic manufacturers are consistently working to improve mascara formulas so that these attributes are maximized.
One key ingredient in mascara formulas, namely wax, is believed to play a role in achieving all of the attributes mentioned above. That is why virtually all mascaras contain wax. However, waxes provide certain undesireable properties. In particular, waxes cause mascaras to increase in viscosity with storage. When mascaras are first made, the waxes in the formula are only partially solvated, or reacted, with the solvent which is present. As time passes, the solvent present in the formula continues to react with the wax so that eventually the amount of free solvent is nearly all reacted. The reduction of free solvent in the formula causes an increase in viscosity of the formula, sometimes to a level which makes it difficult to use and apply. This causes problems for manufacturers because such mascaras have a reduced shelf life. Thus, it is desired to formulate mascaras that contain reduced levels of wax, or no wax at all, so that the above storage problems are eliminated. At the same time those mascaras must color, lengthen, thicken, and curl the eyelashes as well or better than the currently available formulas.
U.S. Pat. No. 5,389,363 teaches mascara compositions which lengthen, color and curl eyelashes. The composition taught therein is an oil in water emulsion containing a gel phase. The formula is believed to contribute to curling as well as coloring and accentuating the eyelashes. The composition also contains waxes, which are necessary to thicken lashes, enhance film formation, and cause lash curling.
The object of the invention is to provide a mascara composition that provides long lasting color and at the same time curls the lashes.
Another object of the invention is to provide a gel based mascara, i.e. a mascara where the viscosity traditionally achieved with waxes is instead achieved in whole or in part with non-wax gelling agents.
Another object of the invention is to provide a method for lengthening, coloring, and curling eyelashes.
Another object of the invention is to provide a mascara composition that contains minimal amounts of animal, vegetable, or mineral waxes, or where such waxes are not present at all.
Another object of the invention is to provide a mascara formula that exhibits reduced thickening with time, but still provides acceptable application, wear, and aesthetic properties.
SUMMARY OF THE INVENTION
The invention is directed to a pigmented emulsion composition for application to eyelashes or eyebrows comprising an aqueous phase and a non-aqueous phase, wherein the non-aqueous phase comprises at least one organic, solid, non-polymeric gelling agent, which is capable of gelling the pigmented emulsion composition to a viscosity of 4,000 to 2,000,000 centipoise at 25° C.
The invention also comprises a method for lengthening, coloring and curling eyelashes comprising applying to said eyelashes a pigmented emulsion composition for application to eyelashes or eyebrows comprising an aqueous phase and a non-aqueous phase, wherein the non-aqueous phase comprises at least one organic, solid, non-polymeric gelling agent, which is capable of gelling the pigmented emulsion composition to a viscosity of 4,000 to 2,000,000 centipoise at 25° C.
DETAILED DESCRIPTION
All percentages mentioned herein are percentages by weight unless otherwise indicated. The pigmented emulsion composition of the invention is for application to eyelashes and eyebrows to cause coloring, conditioning, and in the case of eyelashes, curling. Preferably, the pigmented emulsion composition is gel-based, which means that the viscosity of the mascara is controlled by non-wax gelling agents rather than the animal, vegetable, or mineral waxes which are traditionally used in such formulas for that purpose. The composition of the invention comprises an aqueous phase and a non-aqueous phase.
I. The Non-Aqueous Phase
The emulsion compositions of the invention comprise 0.1-99%, preferably 0.5-90%, more preferably 1-80% by weight of the total composition of a non-aqueous phase. The term “non-aqueous phase” means a phase comprised of one or more ingredients which are water insoluble, and thus are not soluble in the aqueous phase of the composition. Generally, such non-aqueous phase ingredients will include lipophilic, non-polar or slightly polar materials such as waxes, hydrocarbons, fats, oils, and the like, in addition to one or more organic, solid, non-polymeric gelling agents. Generally, the non-aqueous phase may be the continuous or dispersed phase in the emulsion composition such that the composition is a water-in-oil or oil-in-water emulsion. Preferably, the composition of the invention is an oil-in-water emulsion where the non-aqueous phase forms the dispersed phase in the emulsion composition. The non-aqueous phase comprises at least one organic, solid, non-polymeric gelling agent which is capable of gelling the entire composition to a viscosity of 4,000 to 2,000,000; preferably 40,000 to 1,500,000; more preferably 100,000 to 1,000,000 centipoise at 250 C. The organic, solid, non-polymeric gelling agent may be the sole ingredient in the non-aqueous phase, or this phase may comprise other ingredients, preferably lipophilic, non-polar ingredients such as oils, fats, waxes, and similar materials. Generally, if the non-aqueous phase comprises the gellant in combination with other non-polar ingredients, the mixture of ingredients will form a single homogeneous phase or dispersion when heated to a temperature ranging from about 28 to 250° C. and cooled to room temperature (25° C.). These ingredients are further described below.
A. Organic, Solid, Non-Polymeric Gelling Agent
The composition of the invention comprises 0.1-50%, preferably 0.5-30%, more preferably 1-20% by weight of the total composition, of an organic, solid, non-polymeric gelling agent or gellant. The term “solid” means that the gellant is a solid or particulate solid at 25° C. A number of gellants may be suitable for use in the compositions, including but not limited to fatty acid gellants, esters and amides of fatty acid gellants, hydroxy acids, hydroxy fatty acids, and other types of amide gellants. Examples include those set forth herein:
1. N-Acyl Amino Acids and Derivatives
Preferred gellants for use in the compositions of the invention are N-acyl amino acids and derivatives thereof, such as amides, esters, and the like. Examples of such N-acyl amino acids and derivatives are disclosed in U.S. Pat. No. 3,969,087, which is hereby incorporated by reference. These N-acyl amino acid acids and derivatives are of the following general formula:
wherein RCO is an aliphatic acyl radical having 2 to 30 carbon atoms, or an aralkyl acyl radical, z is hydroxy, NH
2
, —OR
1
, —NHR
2
,
and —O—R
5
NH
3
+
, where R
1
, R
2
, R
3
, R
4
and R
5
are each independently a C
1-30
aliphatic hydrocarbon radical or aralkyl radical, X is hydrogen or methyl and Y is:
wherein R
6
is a C
1-4
aliphatic hydrocarbon radical, benzyl, phenyl, —CH
2
OH,
—CH
2
SH, —CH
2
CH
2
S—CH
3
, or —(CH
2
)
p
—COZ, and p is a positive integer of 1 or 2, and Z is the same as above, —(CH
2
)
m
NHCOR, where m is a positive integer of 3 to 4 and COR is the same as above or —(CH
2
)
n
— wherein n is a positive integer of 1 to 6, with the proviso that when Z is —OR
1
,
and R
6
is —(CH
2
)
m
NHCOR and that at least one of R
1
through R
5
is a C
5-30
aliphatic hydrocarbon radical.
Preferably in the above composition, RCO is a C
12-30
aliphatic acyl radical, X is hydrogen, and Y is:
wherein R
6
is —(CH
2
)
p
—COZ wherein Z is —NHR2.
Particularly preferred gelling agents are N-acyl amino acid amides having the following

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