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 .
Election/Restrictions
Applicant’s election without traverse of Group II in the reply filed on 22 September 2025 is acknowledged. Thus, claims 38 – 39 are being considered on the merits.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
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 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.
Claims 38 – 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al (US 20150057751 A1, hereinafter “Kim”).
Regarding claim 38, Kim teaches a method of producing a dermal graft material comprising:
obtaining a graft material that comprises an epidermis and a dermis (tissue from donated corpse having epidermis and dermis; para [0106] - [0111]);
disaggregating epidermis from the graft material (epidermis and basement membrane separated from dermal layer; para [0112]-[0127]),
wherein the step of disaggregating the epidermis from the graft material comprises subjecting the graft material to enzymatic processing, thereby providing a dermal graft material epidermis removed via enzyme to make a dermal graft material; para [0112]-[0127]).
Regarding claim 39, Kim teaches all limitations of claim 38. Kim teaches the graft material comprises a full-thickness skin graft, a cutis graft, or an autologous dermal graft (dermal graft used as a full-thickness skin reconstructing agent; para [0133]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Greenhalgh (US 20200397949 A1) discloses “surgical grafts for soft tissue repair that include active agent” (abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE T TRAN whose telephone number is (703)756-4677. The examiner can normally be reached Monday - Friday from 8:30 am - 5:00 pm.
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/JULIE THI TRAN/Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791