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 .
Applicant’s preliminary amendment filed 12/22/2022, is acknowledged. Claims 15-28 are new.
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.
Claim(s) 15-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greb et al. (U.S. Patent No. 7,455,856).
Regarding claim 15, Greb et al. provides a bisphosphonic acid of the general formula (I):
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(claim 16). Abstract. These compounds “are suitable in particular for preparing liposomal preparations and preparing medicaments that can be used for the treatment of animals and humans.” Col. 4., lines 18-21. Further, the compounds “are used in a composition in the presence of suitable conjugates. The conjugates can be selected from liposomes, nanoparticles, nanospheres, nanocapsules, micelles, or polymer systems.” Col. 5, lines 43-46.
Regarding claim 17, “[p]referably, the compounds of the general formula (I) or their derivatives in combination with a mixture of phospholipids, including a uronic acid derivative as an enveloping material.” Col. 5, lines 46-49.
Regarding claims 18-20 and 23, the composition may also include pharmaceutically active substances, diagnostic agents and magnetic particles. See col. 6, lines 3-6.
Regarding claim 21, the compounds may be bounded to an active agent or diagnostic agent. See col. 5, lines 14-15.
Regarding claim 22, pharmaceutically active substances include anti-inflammatory agents. See col. 4, line 48.
Regarding claims 24-28, Greb et al. discloses a process involving a solution. See col. 7, line 38.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT S CABRAL whose telephone number is (571)270-3769. The examiner can normally be reached M-F 8 am - 5 pm.
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/ROBERT S CABRAL/Primary Examiner, Art Unit 1614