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 .
Response to Amendment
This office action is responsive to the amendment filed on 10/27/25. As directed by the amendment: claims 1, 11, 13, and 14 have been amended, claims 2 and 3 have been cancelled, and no new claims have been added. Thus, claims 1 and 4-14 are presently pending in this application.
The amendments are sufficient to overcome the rejections under 35 U.S.C. 101 and 112 from the previous action.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 4-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20200254008).
Regarding claim 1, Kim et al. discloses a method for preparing a liquid type plasma for promoting angiogenesis (method of par. 0022; treatment of keloids as a form of wound treatment, par. 0009, keloids being linked to abnormal/disregulated angiogenesis), the method comprising: (a) filling a plasma generator with a carrier gas that comprises nitrogen (N2) (par. 0022; in particular where one of the carrier gas options is chosen, and that one is nitrogen); (b) generating plasma by supplying a voltage of 1 kV to 10 kV (par. 0022 and 0032) and a frequency of 10 to 30 kHz (par. 0022) to the plasma generator; and (c) irradiating a liquid material with the generated plasma for 10 to 60 seconds per ml (par. 0022), except for specifically within the range of 5 minutes to 120 minutes. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a specific amount of time, such as a time between 5 to 120 minutes, based on volume of liquid material being irradiated that would require a time of between 5 to 120 minutes based on the provided relationship of 10 to 60 second per ml, as taught by Kim et al. (par. 0022).
Additionally, there is no evidence of record that establishes that changing the time would result in a difference in function of the Kim et al. method. Further, a person having ordinary skill in the art, being faced with modifying the needle of Kim et al., would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed time (see again the relationship set forth in par. 0022 of Kim et al.). Lastly, applicant has not disclosed that the claimed range solves any stated problem, indicating that the irradiation step “may” be performed within the claimed time range (pg. 11) and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the irradiation time of Kim et al. to be between 5 to 120 minutes as an obvious matter of design choice within the skill of the art
Regarding claim 4, Kim et al. discloses the liquid material in Step (c) is water, saline, a buffer, or a medium (par. 0022).
Regarding claim 5, Kim et al. discloses a pharmaceutical composition for preventing or treating angiogenesis related diseases, comprising a liquid type plasma prepared by the method of claim 1 as an active ingredient (par. 0022-0023).
Regarding claim 6, Kim et al. discloses the pharmaceutical composition is an oral formulation, a parenteral formulation or a topical formulation (par. 0023).
Regarding claim 7, Kim et al. discloses the pharmaceutical composition is used alone or in combination with methods using surgery, radiation therapy, hormone therapy, chemotherapy and a biological response modifier (par. 0023).
Regarding claim 8, Kim et al. discloses the angiogenesis-related disease is at least one disease selected from the group consisting of wounds, burns, varicose veins, ischemia, infertility, diabetic foot ulcers, ischemic stroke, ulcers, arteriosclerosis, myocardial infarction, angina pectoris, ischemic heart failure, bedsores, alopecia and cerebrovascular dementia (wounds; par. 0009).
Regarding claim 9, Kim et al. discloses a method for preventing or treating angiogenesis-related diseases (method of par. 0022-0024; treatment of keloids as a form of wound treatment, par. 0009, keloids being linked to abnormal/disregulated angiogenesis), the method comprising administering a liquid type plasma prepared by the method of claim 1 to a subject other than a human (par. 0022-0024).
Regarding claim 10, Kim et al. discloses the angiogenesis-related disease is at least one disease selected from the group consisting of wounds, burns, varicose veins, ischemia, infertility, diabetic foot ulcers, ischemic stroke, ulcers, arteriosclerosis, myocardial infarction, angina pectoris, ischemic heart failure, bedsores, alopecia and cerebrovascular dementia (wounds, par. 0009).
Regarding claim 11, Kim et al. discloses a method for preventing or treating angiogenesis-related disease in a subject (par. 0009), comprising administering a pharmaceutical composition comprising a liquid type plasma prepared by the method of claim 1 as an active ingredient to a subject (use of par. 0022-0024; treatment of keloids as a form of wound treatment, par. 0009, keloids being linked to abnormal/disregulated angiogenesis).
Regarding claim 12, as best understood, Kim et al. discloses the pharmaceutical composition is an oral formulation, a parenteral formulation or a topical formulation (par. 0023).
Regarding claim 13, Kim et al. discloses the pharmaceutical composition is administered alone or in combination with surgery, radiation therapy, hormone therapy, chemotherapy and a biological response modifier (par. 0023).
Regarding claim 14, Kim et al. discloses the angiogenesis-related disease is selected from the group consisting of wounds, burns, varicose veins, ischemia, infertility, diabetic foot ulcers, ischemic stroke, ulcers, arteriosclerosis, myocardial infarction, angina pectoris, ischemic heart failure, bedsores, alopecia and cerebrovascular dementia (par. 0009).
Response to Arguments
Applicant's arguments filed 10/27/25 have been fully considered but they are not persuasive.
In response to applicant's arguments on pages 8-11 of the Remarks that the recited liquid type plasma is “for promoting angiogenesis”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Notably, regarding claims 1 and 4-10, the claimed invention is a method of preparation of a liquid type plasma, the intended use of the liquid type plasma to be prepared by the method being “for promoting angiogenesis”. The method of Kim et al. is interpreted to be fully capable of generating a liquid type plasma, with the intended use of the liquid type plasma being for promoting angiogenesis, since Kim et al. specifically discloses the claimed methodology of utilizing nitrogen as the carrier gas, with the claimed voltage/frequency, and adjustable to a desired/required irradiation time frame (see rejection under 35 U.S.C. 103(a) above).
Further regarding claims 11-14, Kim et al. discloses treating angiogenesis-related diseases, such as wounds specified in claim 14, as set forth in par. 0009 and 0022-0024 of Kim et al.
Regarding the remaining arguments that a prima facie case of obviousness has not been established for utilizing nitrogen as the carrier gas, examiner notes that Kim et al. anticipates nitrogen being used as a carrier gas, as cited and explained above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see attached notice of references cited.
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 NATHAN R PRICE whose telephone number is (571)270-5421. The examiner can normally be reached Mon-Fri 8:00am-4:00pm Eastern time.
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/NATHAN R PRICE/Primary Examiner, Art Unit 3783