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 26-41, 43, 45, 47, and 52-58 are pending in this application.
Election
Applicant’s election without traverse of species (D)1, biopolymer nanoparticles having a diameter of 1-1000 nm, wherein the specific biopolymer is keratin and the specific functional group is a sulfur source in the reply filed on 8/7/2026 is acknowledged.
Withdrawn claims; claims to be examined
Claims 26-36 stand withdrawn from further consideration as being directed to non-elected invention group I (see Applicant’s response of 8/14/2025).
Claims 40-41 recite anchoring peptides, which were recited in claim 38 as a functional group. Thus, claims 40-41 fail to read on the elected species of the functional group (“a sulfur source”). Claim 56 recite “at least two functional groups.” Thus, claim 56 fails to read on the elected species of the functional group (“a sulfur source”).
In summary, claims 26-36, 40-41, and 56 are withdrawn from further consideration as being directed to non-elected subject matter. Claims 37-39, 43, 45, 47, 52-55, and 57-58 will presently be examined to the extent that they read on the elected subject matter.
35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 37-39, 43, 45, 47, 52-55, and 57-58 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Subject matter that fails to find descriptive support
Claim 37 was amended on 2/18/2026 to introduce the following subject matter that fails to find descriptive support from the originally filed disclosure: “wherein the engineered bio-polymers are modified by at least one functional group attached to or associated with the bio-polymer …” (emphasis added).
There was no prior disclosure of functional group that is “associated with the bio-polymer.” In fact, the phrase “associated with” or variation of the root word “associate” cannot be found in the originally filed disclosure. Because there was no prior disclosure, there is no explanation of the metes and bounds of “associated with,” as presently claimed. For example, does “associated with the bio-polymer” encompass a composition ingredient that is in close proximity but not attached, not bonded, and not encapsulated to or by the bio-polymer?
What is actually described in the original disclosure
Original claim 8: chain bio-polymers have at least one functional group on their surface.
Specification p. 8, lines 2-4; p. 39, last paragraph; paragraph bridging pp. 53-54; Table 3: functional groups are attached to the bio-polymers.
Specification p. 56, last paragraph to p. 57, line 15: functional groups interact with opposite charged group of the bio-polymers; functional groups “can be attached through a covalent or non-covalent bond” (emphasis added).
Specification p. 58, last full paragraph: “A non-covalent crosslinking reaction can be performed by attaching a functional group from a class of metal complexes to the surface of the bio-polymer” (emphasis added).
Thus, the original disclosure is concerned with attaching the functional group to the bio-polymer, and a person skilled in the art would not have recognized that the inventor was in possession of the invention, wherein the functional group and bio-polymer have a non-attached relationship covered by the phrase “associated with.” This phrase was not originally disclosed and this phrase was not defined by the original disclosure, so the skilled person in the art would not have recognized that the inventor was in possession of the invention.
Effective filing date of the currently pending claims
Because the currently pending claims recite subject matter that does not find adequate descriptive support from the originally filed disclosure or the provisional application for which benefit is claimed, the effective filing date of the claims, for the purpose of applying prior art in this Office action, is 8/11/2021.
35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph
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 37-39, 43, 45, 47, 52-55, and 57-58 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 37 was amended on 2/18/2026 to recite, “wherein the engineered bio-polymers are modified by at least one functional group attached to or associated with the bio-polymer …” (emphasis added). The phrase “associated with” is vague and indefinite in the absence of a specific definition in the specification. One skilled in the art would not be able to determine what type of association is within the scope of the claims and outside the scope of the claims.
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.
Claims 37-39, 43, 45, 47, 52-55, and 57-58 are rejected under 35 U.S.C. 103 as being unpatentable over Ng et al. (US 2023/0148495; hereinafter, Ng).
Ng (US 2023/0148495) discloses a substrate comprising (a) keratin derivative from any keratin source such as hair, nails, wool, and (b) natural biopolymer (paragraph 54), wherein (a) and (b) are crosslinked (paragraphs 7-11, 43-57), and various micronutrients, macronutrients such as sulfur (paragraphs 65, 73, 87-90, 95-98), and bioactives (paragraphs 43, 65, 87-90, 95-98). See claims 20-21 for method of forming such substrates. The keratin-based substrate can be in the form of a “nanocomposite” (paragraph 43), and they can be used for the “controlled release of micronutrients, macronutrients, pesticides and/or bioactives,” which enhance plant growth (paragraph 48). The term “crosslinked” includes covalent bond and/or physical bond, e.g., molecule entanglement, hydrogen bond, electrostatic interaction, hydrophobic interaction, or crystallization of polymer chain (paragraphs 23, 48). Keratin derivatives include keratin intermediate filaments (KIFs) proteins, which are keratin proteins (paragraphs 21, 43, 50). Keratin is composed of various amino acids such as glycine, alanine, and cysteine, which provide active chemical functional groups such as –SH and –COOH that can be used to bind cationic acid ingredients such as plant micronutrients, thereby providing controlled release of micronutrients (paragraph 57). Nanoparticles such as copper oxide (CuO), iron oxide (F2O3), can be incorporated into the substrates to obtain functional nanocomposite substrates (paragraphs 67-68).
Ng does not disclose his keratin-based nanocomposite substrates in the same exact language as the instant claims, but the ordinary skilled artisan would have found all the claimed features obvious for the reasons set forth below.
Elected keratin biopolymer particles with a diameter of 1-1000 nm
Ng teaches the keratin-based nanocomposites. The term “nano” in nanocomposites suggests nanometer range in size for the nanocomposite embodiment of Ng’s invention.
Biopolymers are modified with a functional group (elected sulfur source) that is “associated with” the biopolymers
Ng’s claims 20-21 disclose dispersing macronutrients such as sulfur, calcium
(paragraph 73) in a solution of keratin derivative such as keratin intermediate filament (KIFs) proteins, which are keratin proteins (paragraphs 21, 43, 50), and then mixing with a natural biopolymer such as starch or alginate (paragraph 54), and drying. Such a process meets the “associated with” language.
Biopolymers are configured to be stimuli responsive and association of the functional group modulates the stimulus-responsive properties of the biopolymers, wherein the stimuli are selected from pH changes, enzyme activity, biological signals, oxidative stress, temperature fluctuations, electromagnetic radiation, and combinations thereof
These claimed features are so broadly written that most “association” of the functional group and biopolymers would fall within the claim language. Ng’s nanocomposite can be used for the “controlled release of micronutrients, macronutrients, pesticides and/or bioactives,” which enhances plant growth (paragraph 48). Structure of Ng’s nanocomposite comprises crosslinked keratin and biopolymer, which includes covalent bond and/or physical bond, e.g., molecule entanglement, hydrogen bond, electrostatic interaction, hydrophobic interaction, or crystallization of polymer chain (paragraphs 23, 48). Ng also teaches that keratin is composed of various amino acids such as glycine, alanine, and cysteine, which provide active chemical functional groups such as –SH and –COOH that can be used to bind cationic acid ingredients such as plant micronutrients, thereby providing controlled release of micronutrients (paragraph 57). Therefore, the ordinary skilled artisan would have found it obvious that Ng’s nanocomposite would be stimuli responsive to at least one of pH changes, enzyme activity, biological signals, oxidative stress, temperature fluctuations, electromagnetic radiation; and all the components of the nanocomposite, including the macronutrient sulfur, would modulate the stimulus-responsive properties of the engineered biopolymer.
The composition comprises a gel (claim 52)
Ng’s claims 20-21 encompass dispersing macronutrients such as sulfur, calcium
(paragraph 73) in a solution of keratin derivative such as keratin intermediate filament (KIFs) proteins, which are keratin proteins (paragraphs 21, 43, 50), and then mixing with a natural biopolymer such as starch or alginate (paragraph 54), and drying. Such a process would obtain a gel from the starch or alginate.
Therefore, the claimed invention, as a whole, would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, because every element of the invention and the claimed invention as a whole have been fairly disclosed or suggested by the teachings of the cited reference.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to JOHN PAK whose telephone number is (571)272-0620. The Examiner can normally be reached on Monday to Friday from 8:30 AM to 5 PM.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's SPE, Fereydoun Sajjadi, can be reached on (571)272-3311. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/JOHN PAK/Primary Examiner, Art Unit 1699
1 See the Office action of 6/10/2026, pages 6-8, for a full description of species (D).
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