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 .
This communication is responsive to the claim set filed 11/12/2025. Claims 1-7 are pending and under examination.
The 35 USC 102 and 103 rejections based on Mika et al. (US2008/0262867 A1) dated 07/14/2025 are WITHDRAWN due to Applicant’s amendments.
Claims 1-7 are rejected for the reasons set forth below.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a previous Office Action.
Continued Examination
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/20/2025 has been entered.
Claim Rejections - 35 USC § 102
Claims 1 and 5 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Nagamine et al. (RSC Adv., 2015, 5, 66334)
Nagamine teaches anti-fouling surface of the stretchable double network (DN) hydrogel
composed of poly(2-acrylamido-2-methyl-1-propanesulfonic acid sodium salt) (PNaAMPS) and
poly(N,N-dimethylacrylamide) (ab.). Thus, Nagamine teaches anti-fouling hydrogel comprising a polymer of 100% N,N-dimethylacrylamide.
Claim Rejections - 35 USC § 103
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Yahiaoui et al. (US8,545,951 B2).
Regarding Claims 1 and 5, Yahiaoui teaches a hydrogel layer compositing a hydrogel polymer which is made from one or more monomers include acrylamido methyl propane sulfonic acid (instant monomer J), acrylamide (instant monomer A) and dimethylacrylamide (instant monomer B) (2:35-45). In view of such teaching, it would have been obvious to one skilled artisan in the field before the effective filing date of instant application to have a hydrogel comprising a polymer of dimethylacrylamide or a copolymer of the combination of two ore more monomers of A, B and J. Yahiaoui further teaches the hydrogel is part of an anti-fouling treatment article (claim 1). Additionally, “anti-fouling” in the preambles describes the intended use rather than the structure of the apparatus. In other words, the limitations of “anti-fouling” is not positively recited structures of the claims and it does not receive patentable weight (see MPEP 2111.02(II)).
Regarding Claims 2 and 6, as discussed in Claim 1 and Claim 5, Yahiaoui teaches a hydrogel layer comprising a claimed polymer or copolymer; therefore, the anti-fouling properties are expected. "Products of identical chemical composition cannot have mutually exclusive properties." 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 MPEP 2112.01 II). In this case, monomer A, B and J are more structurally similar to amino acid blocks of proteins than PEG, consequently, the polymer or copolymers should repel protein adsorption better than PEG does.
Regarding Claims 3 and 7, the anti-fouling surface treatment, which comprises the hydrogel layer, is used for medical devices, such as catheters (1:65 to 2:5) to prevent fouling caused by contacting with blood or bodily fluids (background and summary).
Regarding Claim 4, Yahiaoui teaches a hydrogel polymer which is made from one or more monomers include acrylamido methyl propane sulfonic acid (instant monomer J), acrylamide (instant monomer A) and dimethylacrylamide (instant monomer B) (2:35-45). One ordinary skilled artisan would reasonably infer a polymer of dimethylacrylamide or a copolymer of two or three of the three monomers.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 5 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/HUIHONG QIAO/ Examiner, Art Unit 1763
/CATHERINE S BRANCH/ Primary Examiner, Art Unit 1763