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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. Since this application is eligible for continued examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 3/16/2026 has been entered.
Oath/Declaration
The declaration under 37 CFR 1.132 submitted on 3/16/2026 is being considered by the examiner.
Response to Board Decision
The rejection of claims 1 and 28 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, is withdrawn in light of the reversal by the Board 1/16/2026.
The rejection of claims 1 and 28 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite is withdrawn in light of the reversal by the Board 1/16/2026.
The rejection of claims 1, 24, 27-33 under 35 U.S.C. 103 as obvious over Barrow et al. “Cucurbituril-Based Molecular Recognition” (pdf attached) in view of Jon et al. “Facile Synthesis of Cucurbit(n)uril Derivatives via Direct Functionalization: Expanding Utilization of Cucurbit[n]uril” J.AM. Chem. Soc. 2003, 125, 10186-10187 is maintained for the reasons recited in the Board decision affirming the combination rejection.
The rejection of claims 1, 24, 27-31 and 34-35 under 35 U.S.C. 103 as being unpatentable over Bolfarini et al. “In vitro evaluation of combined hyperthermia and photodynamic effects using magnetoliposomes loaded with cucurbit[7]uril zinc phthalocyanine complex on melanoma” Journal of Photochemistry and Photobiology B: Biology Volume 115, 3 October 2012, Pages 1-4 ( which pdf is attached and can be found at https://www.sciencedirect.com/journal/journal-of-photochemistry-and-photobiology-b-biology in view of Keinan (US 7,875,713 B2) is maintained for the reasons recited in the Board decision 1/16/2026 affirming the combination rejection.
The rejection of claims 1, 24, 27, 32-34 under 35 U.S.C. 103 as being unpatentable over Day et al. (US 6,869,466 B2) in view of Jon et al. “Facile Synthesis of Cucurbit(n)uril Derivatives via Direct Functionalization: Expanding Utilization of Cucurbit[n]uril” J.AM. Chem. Soc. 2003, 125, 10186-10187) is maintained for the reasons recited in the Board decision 1/16/2026 affirming the combination rejection.
The rejection of claims 28-31 under 35 U.S.C. 103 as being unpatentable over Day et al. (US 6,869,466 B2) ) in view of Jon et al. “Facile Synthesis of Cucurbit(n)uril Derivatives via Direct Functionalization: Expanding Utilization of Cucurbit[n]uril” J.AM. Chem. Soc. 2003, 125, 10186-10187, and further in view of Anderson et al. (WO 2017/062622 A1) is maintained for the reasons recited in the Board decision 1/16/2026 affirming the combination rejection.
Response to Arguments
Applicant's arguments filed 3/16/2026 have been fully considered but they are not persuasive. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Furthermore, Barrow et al. already teach modification and assembly of nanoparticles with CB[n] at room temperature, (see page 12366 section 8.1.1) the claim amendment does not overcome the rejection of record. Jon et al. is relied upon for a figure, namely,
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being the same as the claim 1 figure
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as evidence that the claim limitations are not patentable over the art of record.
Applicant’s further urge that Barrow et al. section 7.1 on page 12364 requires heating. Contrary to Applicant’s arguments, reading section 7.1 in the correct context, Barrow et al. is teaching one of ordinary skill that only the larger gases (Kr, Xe, CH4) require heating. Section 7.1 is copied herein for clarity of Examiner’s position:
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On pages 8-9 Applicants urge that Keinan (US7875713) do not teach the hydroxy group. Contrary to Applicant’s arguments, Keinan teach in col.6, copied herein:
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With respect to the remarks on pages 10-12 and the declaration, see the Board decision on page 12 that Day “describe drug delivery for the containment of biologically active ingredients to be released in a controlled manner or for the absorption of biologically active ingredients in order to control a biological outcome.”
Accordingly, the claim amendments are addressed below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 24, 27-33 are rejected under 35 U.S.C. 103 as obvious over Barrow et al. “Cucurbituril-Based Molecular Recognition” (pdf attached) in view of Jon et al. “Facile Synthesis of Cucurbit(n)uril Derivatives via Direct Functionalization: Expanding Utilization of Cucurbit[n]uril” J.AM. Chem. Soc. 2003, 125, 10186-10187.
Barrow et al. page 12,lines1-4 that Decamethyl-CB[5] has been demonstrated to encapsulate small gaseous species such as N2 , O2 , Ar, N2O, CO and CO2 have been shown to be encapsulated in both powdered and aqueous decamethyl-CB[5]. This disclosure encompasses claims 1 and 14 and 24. With respect to the claim 1 amendment, Barrow et al. page 12366 section 8.1.1 teach modification and assembly of nanoparticles with CB[n] at room temperature, guiding one of ordinary skill to the claimed 37oC.
Regarding claim 6, page 36, lines 6-8 teaches CB[n] can also be localized at interfaces through interactions with immobilized guests on surfaces (Figure 17b), as well as by covalently linking functionalized homologues of CB[n] directly to a surface (Figure 17c). See also the fig. 45 on pg. 106 describing PEG polymeric side chains.
Regarding claims 22 and 27-31, see page 4, Figure 1, explaining that since at least year 2000 new additions to the cucurbituril family were named cucurbit[5]uril, cucurbit[7]uril, cucurbit[8]uril and cucurbit[10]uril in light of them containing 5, 7, 8 or 10 glycoluril units respectively. These discoveries enhanced the applicability of cucurbiturils, as the bigger cavity size of the larger CBs enables them to form 1:1 binary complexes (CB[7]), and even 1:1:1 heteroternary complexes (CB[8], see Figure 2), with aromatic compounds. A variety of CB[n] homologues have been discovered including functionalized CB[n],7–9 nor-seco-CB[10],10 inverted CB[n] 11 and many others. Figure 22 on page 45, last 10 lines, describes cell biological material adhesion provides wound healing to a patient in general. And page 5, the paragraph under figure 2 describes the contribution of CB[n] in self-assembly and engineering of nanomaterials where the role of CB[n] as a capping agent to stabilize metallic nanoparticles in drug delivery. And figure 37 on page 82 describes tissue engineering applications which applications discussed in the reference encompass administering to patients and encompasses BRI of cosmetically acceptable excipients since explicit wound healing is achieved in general.
Barrow et al. does not explicitly disclose wherein CB[5]OH10 has an affinity constant for O2 in an 0.319 mM aqueous solution of 3000 M-1as required by the amendments to claims 1 and 28. Also, Barrow et al. does not explicitly teach the formula in claims 1 and 28.
Jon et al. establish that the CB[5] nomenclature commonly used by Barrow et al. is explicitly the same as the claimed formula shown in the Figure 1, to the right of Scheme 1, ie, (HO)2nCB(n) where n = 5 establishing the formula in claims 1 and 28 is commonly known. It is the Examiner’s position that said parameter is met by the cucurbituril of Barrow et al. since Barrow et al. teach the claimed formula and would be expected to have the same constant parameters.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to arrive at the claimed method of incorporating O2 in a medium with biological material and complex of formula in claims 1 and 28 because Barrow et al. teaches Decamethyl-CB[5] has been demonstrated to encapsulate O2 and Jon et al. establish that the CB[5] of Barrow is the claimed formula shown in the Figure 1, to the right of Scheme 1, ie, (HO)2nCB(n) where n = 5 establishing the formula in claims 1 and 28 is commonly known and Figure 22 on page 45, last 10 lines, describes cell biological material adhesion provides wound healing (encompassing ischemia) to a patient in general. And page 5, the paragraph under figure 2 describes the contribution of CB[n] in self-assembly and engineering of nanomaterials where the role of CB[n] as a capping agent to stabilize metallic nanoparticles in drug delivery. And figure 37 on page 82 describes tissue engineering applications which applications discussed in the reference encompass administering to patients and encompasses BRI of biological material medium and or excipient. One of ordinary skill is motivated to combine the teachings since both are teaching the same CB[5].
Claims 1, 24, 27-31 and 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over Bolfarini et al. “In vitro evaluation of combined hyperthermia and photodynamic effects using magnetoliposomes loaded with cucurbit[7]uril zinc phthalocyanine complex on melanoma” Journal of Photochemistry and Photobiology B: Biology Volume 115, 3 October 2012, Pages 1-4 ( which pdf is attached and can be found at https://www.sciencedirect.com/journal/journal-of-photochemistry-and-photobiology-b-biology in view of Keinan (US 7,875,713 B2).
Bolfarini et al. teach moderate hyperthermia as an approach for successful therapy for local heating of tissues to treat ischemia, and increase blood flow and oxygen. See Introduction. 2.2.1 Methods describe The cucurbit[7]uril and ZnPc complex (CB[7]:ZnPc) was obtained by freeze-dry method with some modifications [15]. Freeze-dried product was prepared by dissolving equimolar amount of cucurbit[7]uril and ZnPc in 50% aqueous ethanol. This solution was left under stirring for 24 h, at room temperature, and protected from light. The organic solvent was removed by reduced pressure at 45 °C. The resulting solution was frozen (Bio-Freezer, Forma Scientific, Ohio, USA) at – 70 °C and then freeze-dried over 48 h (Labconco, Freeze Dry System/LYPH LOCK 4.5, Missouri, USA) at – 45 °C and 0.1 mPa. The solid obtained was placed in an oven at 45 °C for 24 h. See page 2, left hand col. 2.2.1.
Bolfarini et al. teach CB[7] and do not teach CB[5] OH 10 as is required by the instant claims 1 and 28.
In the analogous cucurbituril art, Keinan teach a practical, fast, general and cost effective method for separation and purification of CB[n] homologues or derivatives, the cucurbituril is selected from the group consisting of CB[5], CB[6], CB[7], CB[8] and CB[n], wherein n is an integer that equals to or is lower than 20. See col.6,ln.10-15. One of ordinary skill can learn from Keinan that cucubiturils CB[n] less than n=20 would have similar properties and behaviour.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the CB[7] of Bolfarini et al. with the claimed cucubituril of the claimed formula because Keinan guide one of ordinary skill to the equivalence of cucubituril homologues in general.
Claims 1, 24, 27, 32-34 are rejected under 35 U.S.C. 103 as being unpatentable over Day et al. (US 6,869,466 B2) in view of Jon et al. “Facile Synthesis of Cucurbit(n)uril Derivatives via Direct Functionalization: Expanding Utilization of Cucurbit[n]uril” J.AM. Chem. Soc. 2003, 125, 10186-10187(Both references are previously cited and used in above rejections).
Day et al. teach cucurbiturils having the claimed formula 1 in col.4.ln.50-65 where n=5 in an aqueous solution with a NaCl salt (encompassing claim 32) at a temperature of between ambient to 100° C. (see col.3,30-35) which temperature range of the prior art encompasses the temperature below 37C required by claims 1 and 34.
Day teaches a method of binding a gas in cucurbituril (see col.2 ln 24-26). Day et al. teach cucurbiturils have a central cavity which selectively encapsulates gases and volatile compounds. See col.5,ln.45-47. Day et al. teach that O2 gas is complexed within the cucurbituril and then released or purged. See the paragraph linking col.3-4 and col.3,ln.5.. Col.5-6 describe the drug delivery for the containment of biologically active ingredients to be released in a controlled manner or for the absorption of biologically active ingredients in order to control a biological outcome. It is the Examiner’s position that one of ordinary skill would understand that drug delivery would be to a patient, as it is commonly understood that patients take drugs as needed.
Day et al. col.4, formula 1 illustration (inserted herein)
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does not explicitly depict the OH molecules inside structure as required in the claim 1 and 28 formula. Also, Day et al. are silent as to the affinity constant for O2 as claimed.
Jon et al. establish that the decamethylcucurbit [5] uril nomenclature of Day et al. (Day et al. col.3,ln.9) is explicitly the same as the claimed formula shown in the Figure 1, to the right of Scheme 1, ie, (HO)2nCB(n) where n = 5 establishing the formula in claims 1 and 28 is commonly known. See Jon et al. Scheme 1:
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It is the Examiner’s position that said affinity constant parameter is met by the cucurbituril of Day et al. since Day et al. teach the claimed formula and would be expected to have the same constant parameters.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to arrive at the claimed method of cucurbituril encapsulating O2 gas and having the claimed affinity constant as required in the claims 1 and 28 because Day et al. teach the analogous method of binding O2 gas in cucurbituril [5] and Jon et al. establish that the cucurbituril [5] of Day et al. is functionally equivalent and structurally has the OH molecules inside structure as required in the claim 1 and 28 formulations. One of ordinary skill would reasonably expect the claimed affinity constant to be encompassed by the cucurbituril of Day et al. since the cucurbituril of Jon et al. are functionally equivalent to the cucurbituril of Day et al. and Day et al. teach binding of the same O2 gas.
Substituting equivalents, namely cucurbiturils, motivated by the reasonable expectation that the respective species will behave in a comparable manner or even provide comparable results in related circumstances, see In re Ruff, 256 F.2d 590, 118 USPQ 340 (CCPA 1958) is prima facie obvious. Moreover, the express suggestion to substitute one equivalent for another need not be present to render the substitution obvious, see In re Font 213 USPQ 532. See MPEP 2144.06
Claims 28-31 are rejected under 35 U.S.C. 103 as being unpatentable over Day et al. (US 6,869,466 B2) ) in view of Jon et al. “Facile Synthesis of Cucurbit(n)uril Derivatives via Direct Functionalization: Expanding Utilization of Cucurbit[n]uril” J.AM. Chem. Soc. 2003, 125, 10186-10187, as applied to claims 1, 24, 27, 32-34 above, and further in view of Anderson et al. (WO 2017/062622 A1).
Day et al. and Jon et al. are relied upon as set forth above. Day do not teach supplying oxygen to a tissue as required by claim 28, nor the treatment of ischemia or substituting hemoglobin as required by claims 29-31.
In the analogous cucurbituril art, Anderson et al. teach the cucurbituril comprises 5 glycouril units (cucurbit[5]uril or CB[5]) and on page 74, [00166] illustrates to one of ordinary skill that the oxygen is bound to the inner cavity of the cucurbituril compound. See also page 70, [00154]. Pages 43-56 describe patients and diseases that can benefit from the supramolecular modification of proteins including ischemia and hemoglobinuria.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to arrive at the claimed supplying of oxygen to a tissue as required by claims 28-31 because Day et al. teach the similar method of binding O2 in cucurbituril [5] in general and Anderson et al. teach the cucurbituril of Day et al. is illustrated in [00166] where the oxygen is bound to the inner cavity of the cucurbituril compound and guides one of ordinary skill to treating patients and diseases from their supramolecular modification of proteins including ischemia and hemoglobinuria. One of ordinary skill would be motivated to combine the teachings of Dey with Andersen, since both are in the analogous art of cucurbiturils in general.
Conclusion
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/PREETI KUMAR/Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761
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