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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/30/2026 was filed after the mailing date of the non-final on 01/30/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
While Claim 1 is not yet in condition of allowance due to formal matters, it is free of the prior art. Therefore, for the purposes of compact prosecution, the restriction requirement between Groups I-III, as set forth in the Office action mailed on 10/24/2025, has been reconsidered pursuant to MPEP § 821.04(a). The restriction requirement is hereby withdrawn as to any claim that requires all the limitations of an allowable claim. Specifically, the restriction requirement of 10/24/2025 is withdrawn. Claims 16-19, 21, 23, and 25 are no longer withdrawn from consideration.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Status of the Claims
Claims 1, 4-5, 7-14, 16-19, 21, 23 and 25 are pending in this application and are free of the prior art, however, they stand rejected and/ or objected to over formal matters. Claims 2-3, 6, 15, 20, 22, 24, and 26 have been cancelled by Applicant.
Claim Objections
Claim 1 is objected to because of the following informalities:
The structures of the flavanols coupled to linkers in claim 1 are blurry and too small. Please submit clearer structures wherein each compound is at least the size and clarity of compounds 10-14 (in page 9 of claim 1).
Also in claim 1, some elements of the first flavanol-linker structure provided (line 4 of the claims) are blurry and difficult to read:
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Also in claim 1, before listing compounds, there should be a colon “:” after “selected from” to read “selected from:”
Appropriate correction is required.
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Claim Rejections - 35 USC § 112
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 1, 4-5, 7-14, 16-19, 21, 23 and 25 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “wherein the flavanol and the linker … represent a structure selected from” (then lists many structures not encompassed by the first general structure provided), and the claim also recites “wherein the flavanol and linker . . . represent
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” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Examiner suggests removing the first (narrower) structure and leaving the list of flavanols coupled to the linker compounds.
Further regarding claim 1, the claim reads: “wherein the flavanol and the linker to which the agent is coupled together…” – this recitation is unclear because the “agent” comprises “a flavanol and a linker coupled to the flavanol and a carrier coupled to the linker” … therefore, it is unclear how the flavanol and the linker can be coupled to the agent when the agent comprises the flavanol and the linker and the carrier – Examiner suggests cleaning up the language here for clarity. For example, after resolving all the indefiniteness issues listed herein, the claim could read: “An agent comprising a flavanol, a linker coupled to the flavanol, and a carrier coupled to the linker, wherein the flavanol and the linker coupled to the flavanol are selected from:” (leading into the list of compounds).
Claims 4-5, 7-14, 16-19, 21, 23 and 25 are rejected for depending upon the limitations of claim 1.
Response to Arguments
Claims/ Claim Objections
Claims amendments are acknowledged and have been entered. No new matter has been introduced. Claim objections have been withdrawn. However, in view of claim amendments, a new ground of objection of the claims has been raised herein.
Specification
Amendments to the specification are acknowledged and have been entered. No new matter has been introduced.
Claim Rejections - 35 USC § 112(b)
In view of claim amendments, the 35 USC § 112(b) rejections have been withdrawn. However, upon further consideration, a new ground of 35 USC § 112(b) rejections have been made in view of claim amendments.
Claim Rejections - 35 USC § 112(d)
In view of claim amendments, the 35 USC § 112(d) rejections have been withdrawn.
Claim Rejections - 35 USC § 102 and 103
In view of claim amendments, the 35 USC § 102 and 103 rejections have been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACKSON J HERNANDEZ whose telephone number is (571)272-5382. The examiner can normally be reached Mon - Thurs 7:30 to 5.
Examiner interviews are available via telephone and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kortney L. Klinkel can be reached at (571) 270-5239. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACKSON J HERNANDEZ/Examiner, Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627
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