DETAILED ACTION
Status of Application
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election in the reply filed on 3/25/2025 is acknowledged.
Response to Amendments/Arguments
Applicant’s amendments filed 19 August 2025 have been fully considered and are sufficient to overcome the previous rejections under 112(b), which are hereby withdrawn. However, upon further consideration of the claims, examiner applies the Zaltsman et al. (WO2017145142A1) reference in a new ground of rejection, therefore this action is made NON-FINAL.
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 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating
obviousness or nonobviousness.
Claims 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over Zaltsman et al. (WO 2017145142 A1) hereinafter Zaltsman.
Regarding claims 1-22, Zaltsman is drawn to anti-microbially active micro and nanoparticles, compositions comprising same, and use thereof for inhibiting bacterial growth on surfaces or devices, e.g., dental surfaces or devices; and further discloses methods of making such anti-microbially active micro or nanoparticles (abstract and claims 1-58).
Zaltsman discloses anti-microbially active functionalized particles, which can be embedded in a matrix to form compositions demonstrating a broad spectrum of anti-microbial activity. The compositions are formulated for topical administration and can prevent the formation of biofilm on surfaces and devices, e.g., dental surfaces and devices (pg. 3).
Zaltsman discloses a surprising discovery that microparticles or nanoparticles comprising an inorganic or organic core, and anti-microbially active groups chemically bound to the core at a surface density of at least one anti-microbially active group per 10 sq. nm, show a broad spectrum of anti-microbial activity when applied to surfaces and devices on which the growth of such microbes may otherwise naturally take place (pg. 3). Zaltsman discloses the polymeric core may be linked to the anti-microbially active group directly or through a linker. Zaltsman discloses the core of the particles is an inorganic core comprising one or more of the following: (a) silica (SiO2) in a form selected from the following group: amorphous silica, dense silica, aerogel silica, porous silica, mesoporous silica and fumed silica (pg. 8). Zaltsman discloses the core may be attached to the anti-microbially active group directly or through a linker. Preferably a silica (SiO2) based inorganic core may be attached to the anti-microbially active group through a linker, while silicates (SiO4), metals or metal oxides may be attached to the anti-microbially active group directly or through a linker (pg. 9).
Zaltsman discloses silica core particles and linker functionalization wherein linker molecule is first functionalized with antimicrobial active group:
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(pg. 39-42).
Zaltsman discloses a method for inhibition of bacteria, by contacting the bacteria with the nanoparticle or microparticle of the present invention. The term "inhibition" is used to denote destruction, i.e. annihilation, of at least 95% of the bacteria, preferably 99%, most preferably 99.99% of the bacteria; reduction in the growth rate of the bacteria; reduction in the size of the population of the bacteria; prevention of growth of the bacteria; causing irreparable damage to the bacteria; destruction of a biofilm of such bacteria; inducing damage, short term or long term, to apart or a whole existing biofilm; preventing formation of such biofilm; inducing biofilm management; or bringing about any other type of consequence which may affect such population or biofilm and impose thereto an immediate or long term damage (pg. 43).
Zaltsman discloses the compositions may find utility in a broad range of applications, where decontamination or growth prevention of bacteria is required, as, for example in medicine artificial replacement of tissues such as bone, bone cements and joints (orthopedic), lenses (ophthalmology), blood vessels and stents, artificial heart valves (cardiology), artificial skin, implants (plastic surgery) (pg. 43).
Zaltsman does not explicitly disclose each of the components of the composition in a single embodiment.
However, 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 teachings of Zaltsman, to arrive at the instant invention.
One of ordinary skill in the art would have been motivated to do so because Zaltsman discloses the required ingredients, Zaltsman discloses a surprising discovery that microparticles or nanoparticles comprising an inorganic or organic core, and anti-microbially active groups chemically bound to the core at a surface density of at least one anti-microbially active group per 10 sq. nm, show a broad spectrum of anti-microbial activity when applied to surfaces and devices on which the growth of such microbes may otherwise naturally take place (pg. 3), and is drawn to anti-microbially active micro and nanoparticles, compositions comprising same, and use thereof for inhibiting bacterial growth on surfaces or devices, e.g., dental surfaces or devices; and further discloses methods of making such anti-microbially active micro or nanoparticles (abstract and claims 1-58). Further, one having ordinary still in the art would reasonably expect success in combining prior art elements according to known methods to yield predictable results, see MPEP 2141.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANGLONG N TRUONG whose telephone number is (571)270-0719. The examiner can normally be reached on 8:00am-5:00pm.
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/QUANGLONG N TRUONG/Examiner, Art Unit 1615