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, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/30/2025 has been entered.
Response to Amendment
This office action is in response to the communications filed on 09/30/2025, concerning Application No. 16/946,496. The amendments to the claims filed on 09/30/2025 are acknowledged. Presently, claims 1-28 remain pending, with claims 1-11 and 21-28 being herein rejected and claims 12-20 being presently withdrawn.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 09/30/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-6, 8, 10, 21-22, 25, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2019/0343758 A1, of record, hereinafter “Wang”) in view of Lee et al. (US 2011/0014297 A1, of record, with publication date 01/20/2011, hereinafter “Lee”).
Regarding claim 1, Wang discloses: A photoacoustic image-guided microrobotic device ("gastrointestinal nano/micromotor delivery system 100" Wang: [0048] with Fig. 1E; Wang: [0053-0055]; "microrobot for site-specific active delivery" Wang: [0075]; "gold layer can provide a material to the enteric micromotor 610 capable for imaging" Wang: [0081]), comprising:
one or more micromotors ("GI nano/micromotor 110" Wang: [0041], Figs. 1D-E); and
a microcapsule encapsulating the one or more micromotors ("pill/capsule matrix 112 that embeds the GI nano/micromotors 110 within" Wang: [0048], Fig. 1E);
wherein each of the one or more micromotors comprises:
a reactive particle ("one or more particles 105 to provide a chemo-motile mechanism to drive motion of the nano/micromotor 110 via a reaction" Wang: [0041], Fig. 1D); and
a partial coating disposed on the reactive particle ("nano/microstructure body 101" Wang: [0041], Fig. 1D; [As shown in Fig. 1D, the nano/microstructure body 101 is disposed on the particle 105 (representing the claimed reactive particle).]), the partial coating comprising:
an imaging contrast material layer ("nano/microstructure body 101 can include multiple layers, e.g., having an inner layer including gold" Wang: [0045], Fig. 1D; "gold layer can provide a material to the enteric micromotor 610 capable for imaging" Wang: [0081]);
a cargo material layer ("payload 109" Wang: [0043], Fig. 1D; "payload 109 can be ... underneath the outer coating 106" Wang: [0043]); and
an encapsulation material layer, wherein the cargo material layer is separate from the encapsulation material layer and the imaging contrast material layer ("outer coating 106" Wang: [0042], Fig. 1D; "payload 109 can be ... underneath the outer coating 106" Wang: [0043]).
Figs. 1D and 1E of Wang are included below.
Wang does not specifically disclose [1] the imaging contrast material layer specifically having one or more material properties (a) associated with photoacoustic contrast in near-infrared wavelength range for photoacoustic image-guided motion control of the microcapsule and (b) configured for converting radiation from a continuous wave near-infrared light source to heat operable to disintegrate at least a portion of the microcapsule; and [2] wherein the cargo material layer is an entire gel material layer of the partial coating.
However, Wang does disclose that the imaging contrast material layer comprises gold ("nano/microstructure body 101 can include multiple layers, e.g., having an inner layer including gold" Wang: [0045]; "gold layer can provide a material to the enteric micromotor 610 capable for imaging" Wang: [0081]; "The partial coating 112 has a plurality of layers including: an imaging contrast layer 117, a cargo layer 118, and an encapsulating layer 119. In one aspect, the imaging contrast layer 117 includes gold (Au)" Wang: [0096]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the photoacoustic image-guided microrobotic device of Wang by including [1] the imaging contrast material layer (i.e., gold (Au) layer) specifically having one or more material properties (a) associated with photoacoustic contrast in near-infrared wavelength range for photoacoustic image-guided motion control of the microcapsule and (b) configured for converting radiation from a continuous wave near-infrared light source to heat operable to disintegrate at least a portion of the microcapsule, because these are inherent material properties of gold, in view of the Applicant’s specification (i.e., see filed specification, paragraph [0094], referring to the imaging contrast layer being an Au layer and the Au layer converting light to heat and referring to paragraph [0087], which refers to the gold (Au) layer being an imaging contrast agent which may be used to increase optical absorption of the micromotor for photoacoustic imaging purposes). The cited reference Wang teaches a gold [material identical to the material Applicant disclosed as having the claimed properties] imaging contrast material layer, and therefore, it is set forth that these are inherent properties of the gold material. See MPEP 2112.01, Sections I and II.
Wang still does not specifically disclose [2] wherein the cargo material layer is an entire gel material layer of the partial coating.
However, in the same field of endeavor of microbubble drug delivery systems, Lee discloses wherein the cargo material layer (i.e., examiner’s current interpretation of a “cargo material layer” is a layer which can carry an element, such as a drug, magnetic particles, etc.) is an entire gel material layer of the partial coating (“a multiple layer microbubble drug delivery vehicle is provided. The multiple layer microbubble drug delivery vehicle includes a gas core, a first liquid layer containing a drug and surrounding the gas core, a second liquid layer surrounding the first liquid layer to stabilize the first liquid layer and a plurality of particles outside the second liquid layer” (emphasis added) Lee: [0006] and Figs. 8 and 16 with corresponding disclosures; “The drug delivery system comprises an inlet 100 for a substance capable of carrying a bioactive substance which can be an oil such as triacetin or a hydrophobic substance to solubolize a hydrophobic drug such as Paclitaxel. In addition to triacetin, a variety of oils such as soybean and safflower oil can be used to dissolve hydrophobic drugs and hydrophobic cancer drugs. Other oils such as mineral oils, vegetable oils, animal oils, essential oils, synthetic oils or other mixtures can be used. An oil rich in triglycerides can be ideal for use with cancer drugs such as Paclitaxel” Lee: [0039]; “The oil layer can be visible encapsulated within the black lipid shell. DOX fluorescence at the interior lipid-oil interface can be visible. Broken DSPC lipid shells at the chain melting (gel to liquid-crystalline) temperature of 55.degree. C. can be visible” Lee: [0107]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the photoacoustic image-guided microrobotic device of Wang by including [2] wherein the cargo material layer is an entire gel material layer of the partial coating, as disclosed by Lee. One of ordinary skill in the art would have been motivated to make this modification in order to improve the quality control of drug delivery vehicles, as recognized by Lee (Lee: [0042]).
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Fig. 1D of Wang
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Fig. 1E of Wang
Regarding claim 2, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang further discloses: wherein the partial coating includes one or more areas open to the reactive particle ("opening 103" Wang: [0042], Fig. 1D).
Regarding claim 3, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang further discloses: wherein at least one of the one or more micromotors is configured to generate propulsion ("propulsion of the nanomotor/micromotor" Wang: [0039]) when in contact with a fluid ("nano/micromotor 110, for example, the one or more particles 105 include a material such as magnesium (Mg) or Zinc (Zn) that, upon contact with GI fluid in the GI tract, a reaction between the Mg (or Zn) of the particle's surface and surrounding hydronium ions, i.e., protons, in the gastric fluid generate hydrogen bubbles at the opening 103, and thereby drive the nano/micromotor 110 in the fluid" Wang: [0041]).
Regarding claim 4, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang further discloses: wherein the imaging contrast material layer or the cargo material layer ("nano/microstructure body 101 can include multiple layers, e.g., having an inner layer including gold" Wang: [0045]) is disposed on the reactive particle ("nano/microstructure body 101" Wang: [0041], Fig. 1D; [As shown in Fig. 1D, the nano/microstructure body 101 is disposed on the particle 105 (representing the claimed reactive particle).]).
Regarding claim 5, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang further discloses: wherein the imaging contrast material layer comprises one or more metals ("nano/microstructure body 101 can include multiple layers, e.g., having an inner layer including gold and an outer layer formed of a second material, e.g., such as a polymer material, like Poly(3,4-ethylenedioxythiophene) (also known as PEDOT), or a second metal material, such as platinum" Wang: [0045]).
Regarding claim 6, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang further discloses: wherein the imaging contrast material layer comprises gold ("nano/microstructure body 101 can include multiple layers, e.g., having an inner layer including gold" Wang: [0045]; "gold layer can provide a material to the enteric micromotor 610 capable for imaging" Wang: [0081]).
Regarding claim 8, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang further discloses: wherein the partial coating comprises a magnetically-charged material ("the multiple layers of the nano/microstructure body 101 can include an embedded layer of a magnetic material that permits external guidance for precision steering of the GI nano/micromotor 110" Wang: [0040]).
Regarding claim 10, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang further discloses: wherein the cargo material layer comprises a drug ("payload material 109 (e.g., such as a drug)" Wang: [0046]) and/or an imaging contrast agent.
Regarding claim 21, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang further discloses: wherein the partial coating of each of the one or more micromotors is disposed on an outer surface of the reactive particle ("nano/microstructure body 101" Wang: [0041], Fig. 1D; [As shown in Fig. 1D, the nano/microstructure body 101 (representing the claimed partial coating) is disposed on the outer surface of the particle 105 (representing the claimed reactive particle).]).
Regarding claim 22, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 2, as described above.
Wang further discloses: wherein the partial coating of each of the one or more micromotors covers an outer surface of the reactive particle ("nano/microstructure body 101" Wang: [0041], Fig. 1D; [As shown in Fig. 1D, the nano/microstructure body 101 (representing the claimed partial coating) is disposed on the outer surface of the particle 105 (representing the claimed reactive particle).]) except at one or more open areas ("opening 103" Wang: [0042], Fig. 1D).
Regarding claim 25, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang further discloses: wherein the cargo material layer is disposed over the imaging contrast material layer and/or the encapsulation material layer is disposed over the cargo material layer ("payload 109" Wang: [0043], Fig. 1D; "payload 109 can be ... underneath the outer coating 106" Wang: [0043], and "nano/microstructure body 101 can include multiple layers, e.g., having an inner layer including gold" Wang: [0045]).
Regarding claim 28, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang further discloses: wherein the material properties of the imaging contrast material layer are for generating one or more photoacoustic images of at least the one or more micromotors for guiding the photoacoustic image-guided microrobotic device at a depth of up to 7 cm ("the multiple layers of the nano/microstructure body 101 can include an embedded layer of a magnetic material that permits external guidance for precision steering of the GI nano/micromotor 110" Wang: [0040], and "Videos of micromotor propulsion were captured by an inverted optical microscope (e.g., Nikon Instrument Inc. Ti-S/L100), coupled with a 40× microscope objective, a Hamamatsu digital camera C11440 using the NIS-Elements AR 3.2 software. In each test of the example release study, EMgMs were dispersed on a glass slide with PDMS cell to prevent the evaporation of the liquid during the observation. In the implementations, about 400 micromotors were typically in the view under the 4× microscope objective. The CCD camera was set to take a microscopy image every minute. When the micromotor generated bubbles or moved from its original place in the imaging, it was consider as being released" Wang: [0063]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2019/0343758 A1) in view of Lee (US 2011/0014297 A1), as applied to claim 1 above, and further in view of Ide (WO 2012/133295 A1, of record, hereinafter "Ide").
Regarding claim 7, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang further discloses: wherein the imaging contrast material layer is a gold layer with a thickness in a range of [greater than zero and less than] 20 μm. Wang discloses an example of “drug-loaded Mg-based micromotors includes a core including a Mg microparticle, e.g., some examples having an average size of “20 μm” (Wang: [0113]). While not explicitly reciting that the imaging contrast layer is below 20 μm, this can be inferred based on the disclosed average size of the microparticle. One of ordinary skill in the art would recognize that when determining the imaging contrast layer thickness, it would not make sense for the thickness of one layer to exceed the entire size of the particle that it surrounds. This conclusion is further confirmed based on Wang’s Fig. 6A, which depicts the “interior layer 623 (e.g., a thin gold (Au) layer)” having a thickness less than the size of the “magnesium (Mg) microsphere 621” (Wang: [0080], Fig. 6A).
Wang is not relied on for teaching: wherein the imaging contrast material layer has a thickness in a range of 1 μm to 20 μm.
However, in an invention in the same field of inserting a material into the living body and being able to confirm the location of the material using a “means other than confirming by incising the patient” (Ide: p. 2), Ide teaches a “contrast-agent containing layer” (Ide: p. 6), and further teaches:
wherein the imaging contrast material layer has a thickness in a range of 1 μm to 20 μm (“The thickness of the contrast agent-containing layer is not particularly limited and is, for example, 10 to 100 μm” Ide: p. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the photoacoustic image-guided microrobotic device disclosed by Wang modified by Lee by including the contrast-agent containing layer, as taught by Ide. One of ordinary skill in the art would have been motivated to make this modification because based on the contrast agent, “the bioabsorbable antiadhesive material is externally detectable, so that the arrangement state of the bioabsorbable antiadhesive material can be checked without incising a patient” (Ide: Abstract). Thus, by using imaging to detect the location of a particular material in the body, an invasive procedure (that “is very painful for the patient and is a great effort for the doctor” (Ide: p. 2) can be avoided.
Claims 9, 23-24, and 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2019/0343758 A1) in view of Lee (US 2011/0014297 A1), as applied to claim 1 above, and further in view of Jaipan et al. (Jaipan, P., Nguyen, A. & Narayan, R.J. Gelatin-based hydrogels for biomedical applications. MRS Communications 7, 416–426 (2017). https://doi.org/10.1557/mrc.2017.92., hereinafter "Jaipan").
Regarding claim 9, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang modified by Lee is not relied on for teaching: wherein the cargo material layer is a gelatin hydrogel material layer.
However, in a study in the same field of pharmaceutical and medical applications (Jaipan: p. 416) such as drug delivery devices (Jaipan: p. 420), Jaipan teaches "gelatin-based hydrogels for biomedical applications" (Jaipan: Title), and further teaches:
wherein the cargo material layer is a gelatin hydrogel material layer (Jaipan: Title; and Jaipan: p. 416 and 420).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the photoacoustic image-guided microrobotic device disclosed by Wang modified by Lee by including the gelatin-based hydrogels for biomedical applications, as taught by Jaipan. One of ordinary skill in the art would have been motivated to make this modification because gelatin-based hydrogels are "widely used in the medical and pharmaceutical fields due to their biocompatibility and biodegradability" (Jaipan: p. 416). "In particular, gelatin (i.e., a protein obtained from the hydrolysis of collagen) has been an attractive candidate for preparing hydrogels used in long-term biomedical applications because it consists of a large number of functional groups and is easily crosslinked." (Jaipan: p. 416).
Regarding claim 23, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang modified by Lee is not relied on for teaching: wherein the microcapsule of each of the one or more micromotors has material properties configured for disintegration when the radiation from a near-infrared source, an ultrasound source, or a magnetic field source is applied.
However, in a study in the same field of pharmaceutical and medical applications (Jaipan: p. 416) such as drug delivery devices (Jaipan: p. 420), Jaipan teaches "gelatin-based hydrogels for biomedical applications" (Jaipan: Title), and further teaches:
wherein the microcapsule of each of the one or more micromotors has material properties configured for disintegration when the radiation from a near-infrared source, an ultrasound source, or a magnetic field source is applied (Jaipan: Title; and Jaipan: p. 416 and 420, which teaches using a gelatin-based pill/capsule, in which such gelatin-based material would have the inherent property of being dissolvable/disintegrable via applied near-infrared radiation (NIR); Examiner notes that this interpretation of inherency is consistent with at least Para. [0105] of Applicant’s specification filed on 06/24/2020, which discloses “If the one or more microcapsules are gelatin-based and the imaging contrast layer is a material layer (e.g., an Au layer) that can convert the continuous-wave near infrared (CW-NIR) radiation to heat, the heat resulting from the CW-NIR radiation will cause in gel-sol phase transition of the gelatin-based one or more microcapsules to disintegrate them”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the photoacoustic image-guided microrobotic device disclosed by Wang modified by Lee by including the gelatin-based hydrogels for biomedical applications, as taught by Jaipan. One of ordinary skill in the art would have been motivated to make this modification because gelatin-based hydrogels are "widely used in the medical and pharmaceutical fields due to their biocompatibility and biodegradability" (Jaipan: p. 416). "In particular, gelatin (i.e., a protein obtained from the hydrolysis of collagen) has been an attractive candidate for preparing hydrogels used in long-term biomedical applications because it consists of a large number of functional groups and is easily crosslinked." (Jaipan: p. 416).
Regarding claim 24, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang modified by Lee is not relied on for teaching: wherein the microcapsule of each of the one or more micromotors comprises a gelatin-based material.
However, in a study in the same field of pharmaceutical and medical applications (Jaipan: p. 416) such as drug delivery devices (Jaipan: p. 420), Jaipan teaches "gelatin-based hydrogels for biomedical applications" (Jaipan: Title), and further teaches:
wherein the microcapsule of each of the one or more micromotors comprises a gelatin-based material (Jaipan: Title; and Jaipan: p. 416 and 420).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the photoacoustic image-guided microrobotic device disclosed by Wang modified by Lee by including the gelatin-based hydrogels for biomedical applications, as taught by Jaipan. One of ordinary skill in the art would have been motivated to make this modification because gelatin-based hydrogels are "widely used in the medical and pharmaceutical fields due to their biocompatibility and biodegradability" (Jaipan: p. 416). "In particular, gelatin (i.e., a protein obtained from the hydrolysis of collagen) has been an attractive candidate for preparing hydrogels used in long-term biomedical applications because it consists of a large number of functional groups and is easily crosslinked." (Jaipan: p. 416).
Regarding claim 26, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang modified by Lee is not relied on for teaching: wherein the material properties of the imaging contrast material layer are operable to convert the radiation from the continuous wave near-infrared light source to heat to disintegrate the microcapsule in about 0.1 to 1 second.
However, in a study in the same field of pharmaceutical and medical applications (Jaipan: p. 416) such as drug delivery devices (Jaipan: p. 420), Jaipan teaches "gelatin-based hydrogels for biomedical applications" (Jaipan: Title), and further teaches:
wherein the material properties of the imaging contrast material layer are operable to convert the radiation from the continuous wave near-infrared light source to heat to disintegrate the microcapsule in about 0.1 to 1 second (Jaipan: Title; and Jaipan: p. 416 and 420, which teaches using a gelatin-based pill/capsule, in which such gelatin-based material would have the inherent property of being dissolvable/disintegrable via applied near-infrared radiation (NIR); Examiner notes that this interpretation of inherency is consistent with at least Para. [0105] of Applicant’s specification filed on 06/24/2020, which discloses “If the one or more microcapsules are gelatin-based and the imaging contrast layer is a material layer (e.g., an Au layer) that can convert the continuous-wave near infrared (CW-NIR) radiation to heat, the heat resulting from the CW-NIR radiation will cause in gel-sol phase transition of the gelatin-based one or more microcapsules to disintegrate them”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the photoacoustic image-guided microrobotic device disclosed by Wang modified by Lee by including the gelatin-based hydrogels for biomedical applications, as taught by Jaipan. One of ordinary skill in the art would have been motivated to make this modification because gelatin-based hydrogels are "widely used in the medical and pharmaceutical fields due to their biocompatibility and biodegradability" (Jaipan: p. 416). "In particular, gelatin (i.e., a protein obtained from the hydrolysis of collagen) has been an attractive candidate for preparing hydrogels used in long-term biomedical applications because it consists of a large number of functional groups and is easily crosslinked." (Jaipan: p. 416).
Regarding claim 27, Wang modified by Lee and Jaipan discloses: The photoacoustic image-guided microrobotic device of claim 26, as described above.
Wang modified by Lee is not relied on for teaching: wherein the continuous wave near-infrared light source is configured to provide near-infrared wavelength in range between 720 nm and 890 nm.
However, in a study in the same field of pharmaceutical and medical applications (Jaipan: p. 416) such as drug delivery devices (Jaipan: p. 420), Jaipan teaches "gelatin-based hydrogels for biomedical applications" (Jaipan: Title), and further teaches:
wherein the continuous wave near-infrared light source is configured to provide near-infrared wavelength in range between 720 nm and 890 nm (Jaipan: Title; and Jaipan: p. 416 and 420, which teaches using a gelatin-based pill/capsule, in which such gelatin-based material would have the inherent property of being dissolvable/disintegrable via applied near-infrared radiation (NIR); Examiner notes that this interpretation of inherency is consistent with at least Para. [0105] of Applicant’s specification filed on 06/24/2020, which discloses “If the one or more microcapsules are gelatin-based and the imaging contrast layer is a material layer (e.g., an Au layer) that can convert the continuous-wave near infrared (CW-NIR) radiation to heat, the heat resulting from the CW-NIR radiation will cause in gel-sol phase transition of the gelatin-based one or more microcapsules to disintegrate them”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the photoacoustic image-guided microrobotic device disclosed by Wang modified by Lee and Jaipan by including the gelatin-based hydrogels for biomedical applications, as taught by Jaipan. One of ordinary skill in the art would have been motivated to make this modification because gelatin-based hydrogels are "widely used in the medical and pharmaceutical fields due to their biocompatibility and biodegradability" (Jaipan: p. 416). "In particular, gelatin (i.e., a protein obtained from the hydrolysis of collagen) has been an attractive candidate for preparing hydrogels used in long-term biomedical applications because it consists of a large number of functional groups and is easily crosslinked." (Jaipan: p. 416).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2019/0343758 A1) in view of Lee (US 2011/0014297 A1), as applied to claim 1 above, and further in view of Zeniieh et al. (D. Zeniieh, L. Ledernez, G. Urban, Parylene-C as High Performance Encapsulation Material for Implantable Sensors, Procedia Engineering, Volume 87, 2014, pages 1398-1401, ISSN 1877-7058, https://doi.org/10.1016/j.proeng.2014.11.704., hereinafter "Zeniieh").
Regarding claim 11, Wang modified by Lee discloses: The photoacoustic image-guided microrobotic device of claim 1, as described above.
Wang modified by Lee is not relied on for teaching: wherein the encapsulation material layer comprises parylene.
However, in a study in the same field of “high performance multilayer coatings for a wide range of applications and substrate materials including medical implants and implantable bio-transducers” (Zeniieh: p. 1398), Zeniieh teaches parylene-c as high performance encapsulation material for implantable sensors (Zeniieh: Title), and further teaches:
wherein the encapsulation material layer comprises parylene (“parylene-c as high performance encapsulation material for implantable sensors” Zeniieh: Title).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the photoacoustic image-guided microrobotic device disclosed by Wang modified by Lee by including the parylene-c as encapsulation material, as taught by Zeniieh. One of ordinary skill in the art would have been motivated to make this modification because of the benefits of parylene, such as "its biocompatibility, mechanical, chemical, electrical properties, and its friendly process" (Zeniieh: p. 1398). Furthermore, one of ordinary skill in the art would have been motivated by the “outstanding performance of the resulting multilayer in terms of adhesion to substrate and barrier properties” when the researchers performed the wet adhesion test (Zeniieh: p. 1398).
Response to Arguments
Applicant's arguments, see Remarks filed 09/30/2025, have been fully considered but they are not persuasive.
Regarding Wang (US 2019/0343758 A1) and Lee (US 2011/0014297 A1), Applicant argues that Wang does not does not teach "a partial coating disposed on the reactive particle, the partial coating comprising: an imaging contrast material layer having one or more material properties (a) associated with photoacoustic contrast in near-infrared wavelength region for photoacoustic image-guided motion control of the microcapsule and (b) configured for converting radiation from a continuous wave near-infrared light source to heat operable to disintegrate at least a portion of the microcapsule", or "a cargo material layer, wherein the cargo material layer is an entire gel material layer of the partial coating", or "the cargo material layer is separate from the encapsulation material layer and the imaging contrast material layer" of claim 1 (emphasis added) and Lee does not cure the deficiencies.
Examiner respectfully disagrees and emphasizes that Wang modified by Lee does disclose each and every limitation of independent claim 1, as set forth above. Specifically, Examiner emphasizes that:
[1] Wang discloses a partial coating disposed on the reactive particle ("nano/microstructure body 101" Wang: [0041], Fig. 1D; [As shown in Fig. 1D, the nano/microstructure body 101 is disposed on the particle 105 (representing the claimed reactive particle).]), the partial coating comprising: an imaging contrast material layer ("nano/microstructure body 101 can include multiple layers, e.g., having an inner layer including gold" Wang: [0045], Fig. 1D; "gold layer can provide a material to the enteric micromotor 610 capable for imaging" Wang: [0081]); a cargo material layer ("payload 109" Wang: [0043], Fig. 1D; "payload 109 can be ... underneath the outer coating 106" Wang: [0043]); and an encapsulation material layer, wherein the cargo material layer is separate from the encapsulation material layer and the imaging contrast material layer ("outer coating 106" Wang: [0042], Fig. 1D; "payload 109 can be ... underneath the outer coating 106" Wang: [0043]); where
[2] Wang does disclose that the imaging contrast material layer comprises gold ("nano/microstructure body 101 can include multiple layers, e.g., having an inner layer including gold" Wang: [0045]; "gold layer can provide a material to the enteric micromotor 610 capable for imaging" Wang: [0081]; "The partial coating 112 has a plurality of layers including: an imaging contrast layer 117, a cargo layer 118, and an encapsulating layer 119. In one aspect, the imaging contrast layer 117 includes gold (Au)" Wang: [0096]); and that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the photoacoustic image-guided microrobotic device of Wang by including [1] the imaging contrast material layer (i.e., gold (Au) layer) specifically having one or more material properties (a) associated with photoacoustic contrast in near-infrared wavelength range for photoacoustic image-guided motion control of the microcapsule and (b) configured for converting radiation from a continuous wave near-infrared light source to heat operable to disintegrate at least a portion of the microcapsule, because these are inherent material properties of gold, in view of the Applicant’s specification (i.e., see filed specification, paragraph [0094], referring to the imaging contrast layer being an Au layer and the Au layer converting light to heat and referring to paragraph [0087], which refers to the gold (Au) layer being an imaging contrast agent which may be used to increase optical absorption of the micromotor for photoacoustic imaging purposes); such that the cited reference Wang teaches a gold [material identical to the material Applicant disclosed as having the claimed properties] imaging contrast material layer, and therefore, it is set forth that these are inherent properties of the gold material (See MPEP 2112.01, Sections I and II); and
[3] Wang is then modified by Lee, where Lee discloses wherein the cargo material layer (i.e., examiner’s current interpretation of a “cargo material layer” is a layer which can carry an element, such as a drug, magnetic particles, etc.) is an entire gel material layer of the partial coating (“a multiple layer microbubble drug delivery vehicle is provided. The multiple layer microbubble drug delivery vehicle includes a gas core, a first liquid layer containing a drug and surrounding the gas core, a second liquid layer surrounding the first liquid layer to stabilize the first liquid layer and a plurality of particles outside the second liquid layer” (emphasis added) Lee: [0006] and Figs. 8 and 16 with corresponding disclosures; “The drug delivery system comprises an inlet 100 for a substance capable of carrying a bioactive substance which can be an oil such as triacetin or a hydrophobic substance to solubolize a hydrophobic drug such as Paclitaxel. In addition to triacetin, a variety of oils such as soybean and safflower oil can be used to dissolve hydrophobic drugs and hydrophobic cancer drugs. Other oils such as mineral oils, vegetable oils, animal oils, essential oils, synthetic oils or other mixtures can be used. An oil rich in triglycerides can be ideal for use with cancer drugs such as Paclitaxel” Lee: [0039]; “The oil layer can be visible encapsulated within the black lipid shell. DOX fluorescence at the interior lipid-oil interface can be visible. Broken DSPC lipid shells at the chain melting (gel to liquid-crystalline) temperature of 55.degree. C. can be visible” Lee: [0107]).
Therefore, the combination of Wang modified by Lee does disclose each and every limitation of independent claim 1, as set forth above.
Conclusion
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/T.D./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798