DETAILED ACTION
Applicant’s reply, filed 25 January 2026 in response to the non-final Office action mailed 29 August 2025, has been fully considered. As per Applicant’s filed claim amendments claims 16-17, 19-23 and 26-30 are pending, wherein: claims 16-17, 19-23 and 26-30 have been amended, and claims 1-15, 18, 24-25 and 31-50 have been cancelled by this and/or previous amendment(s).
Claim Objections
Claim 16 is objected to because of the following informalities: in lines 12-13, the “HC; a mixture” should instead be –HC; and – a mixture—(i.e. there should be 4 dash-recitations the - FC; - HC; - FC+HC; and - 2 HCs). Appropriate correction is required.
Claim 26 is objected to because of the following informalities: i) in line 7, there is an –and-- missing after ’18-24 carbons;’; and ii) in line 9, “s the aid” should instead be –the--. Appropriate correction is required.
Claim 29 is objected to because of the following informalities: “droplet incorporating a solid phase compound comprising two or more solid phase hydrocarbon (HCs) wherein” should instead be –droplet, and the solid phase compound comprises the two or more solid phase HCs, wherein-- (note also the 112(b) rejection set forth below). Appropriate correction is required.
Claim 30 is objected to because of the following informalities: “chain length between 18-24” should instead be –chain length between 18-24 carbons—(note the 112(d) rejection below). Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 16-17, 19-23 and 26-30 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.
Regarding claim 16, the as-amended claim is indefinite. It is not clear if the recitation of “a mixture of two or more solid phase HCs” is intended to recite –a mixture of two or more of the at least one solid phase HCs--, or if the recitation is intending to refer to a mixture of two or more of any solid phase hydrocarbons (not restricted to the ‘at least one’ recitation with the wherein 18-24C clause). It is assumed that the claim intends to mean the former, in other words to meet the option of ‘a mixture of two or more solid phase HCs’ then two or more of the ‘at least one solid phase hydrocarbon (HC), wherein’ must be in combination. This includes claims 17, 19-23 and 26-30 as they depend from claim 16.
Regarding claim 29, the claim is awkwardly written (see the above objection) and indefinite. It is not clear if the recitation of “two or more solid phase hydrocarbons” as is currently written is intended to be a positive recitation of the independent claim 16 solid phase compound recitation of ‘a mixture of two or more solid phase HCs’ (optional alternative recitation in claim 16), or is intended to be a recitation of a different/additional mixture of two or more solid phase hydrocarbons for which no proper antecedent basis would be found. This includes claim 30 as it depends from claim 29.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 27 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 26 (and claim 16), from which claim 27 depends, recites that the solid phase HC must be a straight chain alkane having a chain length between 18-24 carbons. As such the identical recitation of claim 27 fails to further limit the subject matter of the claim(s) from which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 30 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 16, from which claim 30 ultimately depends, recites that the at least one solid phase HC must be a straight chain alkane having a chain length between 18-24 carbons. As such the recitation of claim 30 that the two or more solid phase HCs comprise two or more straight chain alkanes having a chain length between 18-24 carbons fails to further limit the subject matter of the claim(s) from which it depends which already requires that the HCs have such a chain length. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 16-17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lohrmann (US 5,730,955).
Regarding claims 16-17, Lohrmann teaches microspheres, suitable in the field of imaging, wherein the microspheres are gas-filled microspheres comprising a biocompatible gas, a solid or liquid hydrophobic compound and a microsphere shell (abstract; col 3 ln 14-23). Lohrmann teaches the hydrophobic compound is present inside the shell with the biocompatible gas as a ‘sealer’ compound that acts to decrease shell permeability, wherein the hydrophobic compound is present as a layer/barrier on the inside of the shell or is present as a sponge-like structure (col 3 ln 55-62)(instant solid exoskeleton or endoskeleton). Lohrmann teaches that by biocompatible ‘gas’ it is meant a compound which is capable of forming a gas at the temperature of the imaging being performed (col 6 ln 19-22), which is selected from perfluorocarbon gases, including perfluorobutane, perfluoropentane, perfluoropropane, etc. or any perfluorocarbon insoluble in water (col 6 ln 15-37)(instant vaporizable liquid fluorocarbon; instant perfluoropentane; instant claim 17). Lohrmann teaches the solid or liquid hydrophobic compounds include C6-C12 hydrocarbons, C5-C12 perfluorocarbons, and other inert perfluorinated alcohols, ethers and esters (col 4 ln 59 to col 5 ln 9)(instant at least one solid phase fluorocarbon (FC)). Lohrmann prefers and exemplifies the embodiment of a perfluorocarbon biocompatible gas in combination with a perfluorocarbon hydrophobic compound (col 5 ln 62-67; example 3). Lohrmann teaches the biocompatible gas material is saturated with the hydrophobic compound and the combination is then mixed with the shell forming material and microspheres are formed and chilled (col 5 ln 62 to col 614; examples).
Regarding the recitation that the vaporization temperature of the fluorocarbon vaporizable droplet is ‘tuned’, it is noted that a chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present (see In re Spada, 911 F.2d 705, 15 USPQ2d 1655, (Fed. Cir. 1990); see also In re Best, 562 F.2d 1252, 195 USPQ 430, (CCPA 1977). “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established.”; MPEP 2112.01)).
Regarding claim 19, Lohrmann teaches the microcapsules as set forth above and further teaches the hydrophobic perfluorocarbons have the formula CnF2n+2 wherein n is from 5-12 (where n= 12 is perfluorododecane)(col 4 ln 61-67).
Response to Arguments/Amendments
The objections of claims 16-24 and 26-30 are withdrawn or maintained as set forth above. Note the new objections as necessitated by Applicant’s filed claim amendments.
The 35 U.S.C. 112(b) rejections of claims 20-24 and 26-30 are withdrawn as a result of Applicant’s filed claim amendments. Note the new rejections as necessitated by said amendments.
The 35 U.S.C. 102(a)(1) rejection of claims 16-17 as anticipated by Dayton (US PGPub 2018/0221515) is withdrawn as a result of Applicant’s filed claim amendments.
The 35 U.S.C. 102(a)(1) rejection of claims 16-19 as anticipated by Lohrmann (US 5,730,955) is maintained. Applicant’s arguments (Remarks, page 5) that Lohrmann no longer anticipates is not found persuasive. It is noted that the subject matter of now-cancelled claim 18 was previously met by Lohrmann and further that the subject matter of now-cancelled claim 24 remains optional.
The 35 U.S.C. 102(a)(1) rejection of claims 16-18, 26 and 29 as anticipated by Swager (US PGPub 2016/0151753) is withdrawn as a result of Applicant’s filed claim amendments.
The 35 U.S.C. 103 rejection of claims 26 and 28-29 as unpatentable over Lohrmann (US 5,730,955) is withdrawn as a result of Applicant’s filed claim amendments.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANE L STANLEY whose telephone number is (571)270-3870. The examiner can normally be reached M-F 7:30 AM to 3:30 PM.
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/JANE L STANLEY/ Primary Examiner, Art Unit 1767