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 .
Claims 1-34 are pending.
Claim Rejections - 35 USC § 112
Claim 13 is 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.
Regarding claim 13, 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).
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) 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020/047418 to The Regents of the University of California (hereinafter, "California").
Regarding Claim 6, California discloses a method of treating a disease or condition associated with abnormal expression of an influx or efflux transporter in a subject in need thereof (Abstract; Para. [0096] the present invention provides a method of treating a subject suffering from a diseased tissue wherein the diseased tissue is ovarian cancer; comprising administering to the subject a composition comprising polyethylene glycol (PEG) conjugated to indocyanine green (ICG) ("ICG-PEG conjugate") (Para. [0079] method of treating a disease, the method comprising administering a therapeutically effective amount of a nanoparticle of the present invention, to a subject in need thereof; Para. [0065] the present invention provides a nanoparticle comprising a plurality of first conjugates, wherein each first conjugate is independently a compound of formula (1) as described herein, wherein: the plurality of conjugates self-assembles in an aqueous solvent to form the nanoparticle such that a hydrophobic core is formed in the interior of the nanoparticle wherein the PEG of each conjugate self-assembles on the exterior of the nanoparticle; Para. [0055]; [0062] a compound of formula (I): wherein: PEG is a polyethylene glycol (PEG) polymer each R2 indocyanine green; see also Para. [0127]).
Claim(s) 33 and 34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 108743975 to Wuhan Kaideweisi Biotechnology (hereinafter, "Wuhan").
Regarding Claim 33, Wuhan discloses a composition (Para. [0011] the invention provides a novel near-infrared fluorescent imaging agent ICG-OSu- (PEG4) n-TMVP1 targeting tumor VEGFR-3 molecules) comprising indocyanine (ICG) (Para. [0011] the invention provides a novel near-infrared fluorescent imaging agent ICG-OSu- (PEG4) n-TMVP1 targeting tumor VEGFR-3 molecules; Paras. [0034]-[0035], Fig. 1a, ICG-OSu-PEG4-TMVP1), polyethylene glycol (PEG) (Para. [0011] the invention provides a novel near-infrared fluorescent imaging agent ICG-OSu- (PEG4) n-TMVP1 targeting tumor VEGFR-3 molecules; Paras. [0034]-[0035], Fig. 1a, ICG-OSu-PEG4-TMVP1), and a secondary moiety (Para. [0011] the invention provides a novel near-infrared fluorescent imaging agent ICG-OSu- (PEG4) n-TMVP1 targeting tumor VEGFR-3 molecules; Para. [0014] The structural formula of the near-infrared fluorescence imaging agent is ICG-OSu- (PEG) n-G (CGLARGRGC) a core sequence LARGR of a cyclic polypeptide G (CGLARGC) is polypeptide TMVP1 targeting tumor VEGFR-3 molecules, i.e. second moiety is the TMVP1 Paras. [0034]-[0035], Fig. 1a, ICG-OSu-PEG4-TMVP1), wherein ICG and the secondary moiety are each independently conjugated to PEG (Para. [0013] TMVP1 is designed into Cyclic (CGLARGRGC) G with a ring structure to increase the stability, and is covalently linked with ICG-OSu through (PEG) n to construct the novel imaging agent ICG-OSu- (PEG) n-TMVP1 shown in the invention; Paras. [0034]-[0035], Fig. 1a, ICG-OSu-PEG4-TMVP1, i.e. as shown in Fig. 1 the ICG and TMVP1 are independently linked to the PEG).
Regarding Claim 34, Wuhan discloses the composition of claim 33, wherein the secondary moiety is an imaging agent, biochemical activatable agent, or a therapeutic agent (Para. [0011] the invention provides a novel near-infrared fluorescent imaging agent ICG-OSu- (PEG4) n-TMVP1 targeting tumor VEGFR-3 molecules; Para. [0014] The structural formula of the near-infrared fluorescence imaging agent is ICG-OSu- (PEG) n-G (CGLARGRGC) a core sequence LARGR of a cyclic polypeptide G (CGLARGC) is polypeptide TMVP1 targeting tumor VEGFR-3 molecules, i.e. targeting agent TMVP1 is a biochemical activatable agent).
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: According to the written opinion of the International searching authority, methods of claims 1-5 and 7-32 would appear to be free of the prior art.
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
