DETAILED ACTION
A Preliminary Amendment was filed on 04/12/2023.
Claims 1-5 are pending.
Claims 1-5 are rejected.
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 .
Specification
The title of the invention, i.e., “Composition”, is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-2 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al, “Photoconfigurable, Cell-Remodelable Disulfide Cross-linked Hyaluronic Acid Hydrogels” (Wu).
Wu was provided with the IDS filed 03/25/2024.
Regarding claims 1-2, Wu discloses a facile and effective photocuring and photo-remodeling of disulfide-cross-linked hyaluronic acid hydrogels, based on photo-oxidation of corresponding thiol residues and their radical-mediated photodegradation (Wu; Abstract).
Sodium hyaluronate (HA) and cystamine dihydrochloride (CS) were reacted to form HA-SH (Wu, page 4664; “Experimental Section”, “Materials”, and “Synthesis of HA-SH”). HA-SA solutions were irradiated in the presence of the radical photo-initiator Irgacure 2959 (I2959) (i.e., a photo-radical generating agent) (Wu, page 4664; “Photocuring and Photodegradation of Disulfide Crosslinked HA Hydrogels”). The reaction is exemplified as follows (Wu; Abstract and page 4665, Figure 1.):
Photo-radical Hydrophilic polymer cross-
Generating agent linked through a disulfide bond
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The resulting reaction product is crosslinked body of a hydrophilic polymer comprising a cross-linkable functional group, wherein the cross-linked body is a hydrophilic polymer crosslinked through a disulfide (-S-S-) bond as claimed.
Examiner notes that the instant specification teaches hyaluronic acid and salts thereof as a hydrophilic polymer having at least one carboxy group (i.e., wherein the cross-linkable functional group comprises at least one type of group selected from carboxy and amino of claim 2) (¶ [0020]), and cystamine or salts thereof as a reactive compound having the disulfide bond and the reactive group capable of forming the bond by the reaction with the carboxy group (¶ [0027]).
Regarding claim 4, Wu is relied upon as disclosing the limitations of claim 1 as discussed above. Sodium hyaluronate (HA) and cystamine dihydrochloride (CS) were reacted to form HA-SH (Wu, page 4664; “Experimental Section”, “Materials”, and “Synthesis of HA-SH”). The reaction of sodium hyaluronate with cystamine dihydrochloride is a condensation reaction as claimed.
Regarding claim 5, Wu is relied upon as disclosing the limitations of claim 1 as discussed above. Wu discloses wherein the cross-linked body is a condensation reaction product of a hydrophilic polymer comprising a carboxy group, i.e., sodium hyaluronate, and a reactive compound comprising a disulfide bond and an amino group, i.e., cystamine dihydrochloride ((Wu, page 4664; “Experimental Section”, “Materials”, and “Synthesis of HA-SH”; and page 4665, Figure 1).
Claims 1-2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carlson et al, US 2013/0142763 A1 (Carlson).
Regarding claims 1-2 and 4, Carlson discloses a crosslinked cellulosic polymer that is the product of a reaction between one or more cellulosic polymers and a crosslinking agent, wherein cellulosic polymers include hydroxyethyl cellulose (HEC) and carboxymethyl cellulose (CMC), i.e., a hydrophilic polymer comprising a cross-linkable functional group. Crosslinking agents include thiodiacids and disulfides (Carlson; [0002]).
Fig. 2 shows the formation of a crosslinked cellulosic polymer crosslinked through a disulfide bond as claimed (Carlson; Fig. 2 and [0123]):
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Carlson discloses that the composition may further include a photo-initiator (i.e., a photo-radical generating agent), wherein initiators include phenones and hydrogen peroxide (Carlson; [0077]).
Example 1 demonstrates the Synthesis of 3-(2-carboxy-ethyldisulfanyl)-propionic acid (CSP) crosslinked HEC hydrogel (Fig. 3) (Carlson; Fig 3 and [0125]). Natrosol LR 250 Pharm, which is pharmaceutical grade HEC, is reacted in the presence of 1-ethyl-3-(3-dimethylamino)propylcarbodiimide (EDC) to form a crosslinked hydrogel (Carlson; Fig. 3 and [0124-0126]).
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The instant specification at ¶ [0036] teaches that EDC is a condensation agent. Therefore, Carlson discloses wherein the cross-linked body is a condensation reaction product of the hydrophilic polymer (HEC) and a reactive compound comprising a disulfide bond and a reactive group capable of forming a bond by a reaction with the cross-linkable functional group (CSP) as claimed (claim 4).
Example 2 demonstrates the Synthesis of the Functionalized, Crosslinkable HEC of Fig 4. Natrosol LR 250 Pharm (i.e., HEC ) is reacted in the presence of EDC and then CSP is added (Carlson; Fig. 4 and [0127]). As explained in above, CSP is a condensation agent (instant spec at ¶ [0036]). CSP conjugated HEC was treated with dithiothreitol (DTT) to form thio-functionalized HEC (HEC-SH) (Carlson; Fig. 4 and [0127]). HEC-SH has a carboxy cross-linkable functional group as claimed (claim 2).
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To form a crosslinked hydrogel of HEC-SC, a small amount of hydrogen peroxide can be added to catalyze the reaction (Carlson; [0128]). Carlson further discloses that the composition may further include a photo-initiator (i.e., a photo-radical generating agent), wherein initiators include hydrogen peroxide (Carlson; [0077]). Carlson, therefore, discloses a composition, comprising: HEC-SH (i.e., a cross-linked body of a hydrophilic polymer) comprising a carboxy group (i.e., the cross-linkable functional group of claim 2); and hydrogen peroxide (i.e., a photo-radical generating agent), wherein the cross-linked body is a crosslinked hydrogel based on HEC (i.e., a hydrophilic polymer cross-linked through a disulfide bond) (claim 1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Carlson.
Regarding claim 3, Carlson is relied upon as disclosing the limitations of claim 1 as discussed above. Carlson teaches a crosslinked cellulosic polymer that is the product of a reaction between one or more cellulosic polymers and a crosslinking agent, wherein cellulosic polymers include carboxymethyl cellulose (CMC) (Carlson; [0002]).
Given that Carlson discloses cellulosic polymers that overlap the presently claimed hydrophilic polymer, including carboxymethyl cellulose, it therefore would be obvious to one of ordinary skill in the art to use carboxymethyl cellulose, which is both disclosed by Carlson and encompassed within the scope of the present claims, and thereby arrive at the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tomal et al, “Water-Soluble Photoinitiators in Biomedical Applications,” teaches that photo-initiators for free-radical photopolymerization include peroxides (page 5 of 30, paragraph 2).
Weng, CN 111378161 A, teaches reacting hydrophilic polymers with disulfide crosslinking agents in the presence of a photo-initiator.
Zhang et al, CN 106478841 A, teaches a cysteine-functionalized hyaluronic acid.
Qian et al, CN 104910396 A, teaches an injectable double-crosslinked hyaluronic acid aqua-gel and a preparation method thereof. The preparation method comprises: synthesizing formylated hyaluronic acid and amino/methylacryloyl bifunctional hyaluronic acid containing disulfide bond in the side chain, uniformly mixing the formylated hyaluronic acid and amino/methylacryloyl bifunctional hyaluronic acid containing disulfide bond in the side chain with a water-soluble photo-initiator, and carrying out photochemical polymerization to obtain the injectable double-crosslinked hyaluronic acid aqua-gel.
Qian et al, CN 104910392 A, teaches a hyaluronic acid hydrogel formed by crosslinking in the presence of a photo-initiator to form a breakable disulfide bond.
Liu et al, CN 104672373 A, teaches a memory aqua-gel formed by crosslinking hydrophilic polymers in the presence of a crosslinking agent and a photo-initiator.
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/CDL/ Examiner, Art Unit 1732
/CORIS FUNG/Supervisory Patent Examiner, Art Unit 1732