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 .
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.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1, 3 – 7, 9 – 11, 13, 15 – 16 and 18 in the reply filed on 12/5/25 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9 – 11, 13 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 9 – 11 and 13 recite a broad range, and the claim also recites a narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claims 9 – 11 and 13, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 18, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3 – 6 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the NPL titled Therapeutic nanoworms: towards novel synthetic dendritic cells for immunotherapy, Mandal et al., Chemical Science, 2013, 4, 4168, hereinafter Mandal.
Mandal is directed to a new class of antibody functionalized, semi-flexible, filamentous polymer (Abstract).
Regarding claims 1, 3 – 6 and 16, Mandal teaches at Scheme 1 the formation of a polymer comprising nanofilaments where each nanofilament has a different functional group. See Scheme 1 reproduced below.
PNG
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750
959
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Greyscale
The first function group is an azide, the second functional group is an alkoxy group. See step c, 3 above. In the final step, the amide coupled with BCN-NHS (5) to form a SAv group (streptavidin) functional polyisocyano peptides. The alph CD (cyclodextrin) – SAv is used in the synthesis (page 4170, column 2, line 1). Alpha CD is a cyclic saccharide. Streptavidin is a biomolecule attached to the polyisocyano peptide polymer.
Prior Art of Record
Therapeutic nanoworms: towards novel synthetic dendritic cells for immunotherapy, Mandal et al., Chemical Science, 2013, 4, 4168 (Year: 2013)
Supplementary Information - Therapeutic nanoworms: towards novel synthetic dendritic cells for immunotherapy (Year: 2013)
EP-2826493 A1
Allowable Subject Matter
Claims 7 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER A. SALAMON whose telephone number is 571-270-3018. The examiner can normally be reached M-F: 9AM - 6PM.
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PAS 5/30/26
/PETER A SALAMON/Primary Examiner, Art Unit 1759
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