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 .
Detailed Action
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 2 May 2023 and 30 June 2025 are acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner. See attached copy of PTO-1449.
Response to Restriction
2. Applicants’ election of Group II (claims 14-21, 23, and 24) and species of siRNA (claims 18-19) and cancer treatment (claims 21 and 23) in the reply filed on 18 December 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Status of Application
3. The instant application is a national stage entry of PCT/US2021/056730 filed 27 October 2021. Claims 14-15, 18-19, 21, and 23 are currently pending. Claims 16-17, 20 and 24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 18 December 2025. Claims 1-13, 22, and 25-33 are cancelled. Claims 14-15, 18-19, 21, and 23 are examined on the merits within.
Claim Rejections – 35 U.S.C. 102
4. 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.
5. Claim(s) 14-15, 21, and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tran et al. (Frontiers in Chemistry, 2019).
Regarding instant claims 14-15, Tran et al. disclose encapsulation of FITC catalase in PDA (polydopamine) hollow capsules wherein the FITC-catalase loaded MSN were subjected to PDA coating and core removal process, i.e., a hollow polydopamine capsule and a TC coated to an internal surface. See page 2-3.
Regarding instant claims 21 and 23, cancer treatment is an intended use of the composition. In addition, the composition comprises the same ingredients, i.e., a therapeutic compound and polydopamine capsule and thus should function in the same manner.
Thus the instant claims are anticipated by Tran et al.
Claim Rejections – 35 U.S.C. 103
6. 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.
7. Claim(s) 14-15, 18-19, 21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tran et al. (Frontiers in Chemistry, 2019) in view of Jeong et al. (WO2018/131890).
Regarding instant claims 14-15, Tran et al. teach encapsulation of FITC catalase in PDA hollow capsules wherein the FITC-catalase loaded MSN were subjected to PDA coating and core removal process, i.e., a hollow polydopamine capsule and a TC coated to an internal surface. See page 2-3.
Regarding instant claims 21 and 23, cancer treatment is an intended use of the composition.
Tran et al. do not teach siRNA.
Jeong et al. teach poly(lactic-co-glycolic acid) microspheres coated with polydopamine. See abstract. A drug or bioactive is in the microspheres, selected from chemicals, proteins, peptides, antibodies, genes, siRNAs and microRNAs. See claim 4.
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to substitute one known biologic agent for another to yield predictable results because Jeong et al. teach the effective delivery of siRNA encapsulated by polydopamine.
Conclusion
8. No claims are allowed at this time.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WORSHAM whose telephone number is (571)270-7434. The examiner can normally be reached Monday-Friday (8-5).
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/JESSICA WORSHAM/Primary Examiner, Art Unit 1615