Detailed Office Action
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
2. 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.
3. Claims 13-15 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.
With respect to claim 13, within lines 3 and 4, applicants have referred to the particles as cell culture microcarriers; however, within lines 6 and 7, the particles are specified within a Markush group as being the cell culture microcarriers as well as other species. It is therefore unclear how to interpret the “microcarriers” language of line 4 in view of the different species within the Markush group.
Prior Art Rejection
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. Claims 8 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 108610470 A.
CN 108610470 A discloses particles of PEDOT:PSS having a moderate diameter and even particle size, which, to the extent claimed, is considered to meet the “spherical” limitation of claim 8. Furthermore, in view of the disclosed process of producing the PEDOT:PSS polymer, the particles lack other mechanically solidifying substances. See English language abstract of CN 108610470 A. Furthermore, regarding clams 10-12, since the respective compositions of the respective particles of the instant claims and the reference are the same, the position is taken that the claimed properties are inherently possessed by the particles of the reference.
Allowable Subject Matter
6. Claims 1-7 are allowed. The prior art fails to disclose the instantly claimed process of producing PEDOT:PSS particles by forming droplets according to step b) and contacting the droplets with a coagulating solution according to step c), governed by the “density” language limitation within step c), with curing of the droplets to particles.
7. Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner Comment
8. The indefiniteness issue with respect to claims 13-15, set forth above, preclude further examination with respect to the prior art.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rabon A Sergent whose telephone number is (571)272-1079. The examiner can normally be reached on Monday through Friday from 9:00 AM until 5:00 PM, ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere Kelley, can be reached at telephone number (571)270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RABON A SERGENT/ Primary Examiner, Art Unit 1765
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