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 preliminary amendment was filed 02/25/2025.
Information Disclosure Statement
Information disclosure statements were filed on 02/15/2023 and 10/24/2025.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-11 in the reply filed on 12/11/2025 is acknowledged.
Claims 12-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/11/2025.
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 5-7 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.
Claim 5 is indefinite because the metes and bounds of the claimed Markush Grouping are not proper. Overlapping terms such as polysaccharide and polysaccharide derivative are present. Further,
the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Correction is requested.
Claims 6 and 7 are indefinite in referring to the Biopharmaceutics Classification System. The US Patent and Trademark Office does not have labs to verify chemical characteristics. Applicant should particularly point out the specific solubility conditions of the composition. Clarification and correction are requested.
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) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jouannin et al.
Regarding claim 1 , Jouannin et al discloses a composition comprising a polymer and a salt of a pharmaceutical compound wherein the salt is an ionic liquid, and a solid dosage form. The ionic salts include 1-butyl-3-methylimidazolium ibuprofenate (see Abstract, pages 3133- 3140).
With regard to claim 5, the polymer is PLLA (Abstract).
The claims are anticipated by Jouannin et al.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chantereau et al.
Chantereau et al discloses a composition comprising a polymer and a salt of a pharmaceutical compound wherein the salt is an ionic liquid, and a solid dosage form. The ionic salts include sodium ibuprofen, sodium diclofenac and sodium naproxen ( see page 14126, bottom left column). Claim 1 is anticipated by Chantereau et al.
Conclusion
No claims are allowed.
Claims 2-4, 8-11 are objected to as dependent upon a rejected base claim.
Correspondence
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/CARLOS A AZPURU/ Primary Examiner, Art Unit 1617 caz