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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/17/26 has been entered.
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) 12, 14 and 15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by van Elk et al (Alginate Microspheres Containing Temperature Sensitive Liposomes (TSL) for MR-Guided Embolization and Triggered Release of Doxorubicin, PLOS, November 11, 2015).
Van Elk discloses a temperature-sensitive liposomes comprising an atomizing a liposome/alginate into a curing solution comprising an alginate cross -linker and isolating the resulting microspheres having an average diameter of about 50 µm (abstract, Figure 2, Figure 4), meeting elements of claim 1, 12, 14 and 15. The curing solution which crosslinks the alginate comprising cations such as zinc and barium (pg 6). The liposome/alginate is present in a ratio of 1:1(pg 6). The liposomes comprise chemotherapeutic agent and thermotherapeutic such as doxorubicin and an imagine agent comprising Gd (pg. 8), meeting limitations of claims 14 and 15 and 11. The liposomes are injected directly into a tumor for treatment (Animal Model, pg. 8, pg. 15). These disclosures render the claims anticipated.
Response to Arguments
Applicant’s arguments, see Remarks, filed 6/17/26, with respect to the rejection(s) of claim(s) 1, 3-15 under US 35 USC 103(a) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the above recited rejection.
Allowable Subject Matter
Claims 1, 3-11 and 13 are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICAH PAUL YOUNG whose telephone number is (571)272-0608. The examiner can normally be reached Monday through Friday, 9:00 am to 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hartley can be reached at 5712720616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICAH PAUL YOUNG/Primary Examiner, Art Unit 1618
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