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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/7/26 has been entered.
Claim 25 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The phrase “said composition…consisting of water, hyaluronic acid, an electrospinning promoter, and optionally, at least one active ingredient” (cl 25:8-10) lacks support in the instant disclosure. The instant disclosure does not limit the composition to only water, hyaluronic acid, an electrospinning promoter, and optionally, at least one active ingredient. Though the instant specification recites the composition comprising a first compound, a spinning promoter and an active ingredient (paragraph 0017), the instant specification neither recites nor supports the closed scope of the composition as limited by the phrase “consisting of.”
Correction is required.
Claims 1-5,8-13,16-18, and 20-24 are allowed.
The following is an examiner’s statement of reasons for allowance: regarding independent claim 1, the prior art of record including the closest prior art WO2019/021325 neither teaches nor renders obvious every claimed limitation including the electrospinning is performed in a controlled and constant atmosphere having a relative humidity of 20% to 50% and a temperature of about 24°C; wherein said composition to be electrospun comprises a first compound to be electrospun, an electrospinning promoter and an active ingredient, wherein said first compound to be electrospun comprises hyaluronic acid a mixture of linear hyaluronic acid with cross-linked hyaluronic acid, the cross-linked hyaluronic acid causing the formation of cavities in the membrane substrate to house the active ingredient.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Applicant’s arguments with respect to claim(s) 1-5,8-13,16-18,20-24 and 25 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM.
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EHL
/EDMUND H LEE/Primary Examiner, Art Unit 1744
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