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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-6, in the reply filed on 11/17/2025 is acknowledged. Accordingly, claims 7-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 103
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Jus et al. (“Enzymatic cross-linking of gelatine with laccase and tyrosinase”, 2/1/2012, IDS reference) (hereinafter Jus).
Jus discloses cross-linking of porcine gelatine by incubating for 24 hours with 150 U of tyrosinase, then heating the reaction mixture to deactivate the enzyme. (p. 89, § Chemical et seq.).
Accordingly, Jus discloses providing a solution containing porcine gelatin, and incubating The prior art is not anticipatory insofar as this combination must be selected from various lists/locations in the reference. It would have been obvious, however, to make the combination since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See MPEP § 2143 (I)(A).
Regarding claim 2, Jus does not explicitly disclose an instantly claimed shear strength, burst pressure, load force, or tensile stress of the resulting cross-linked gelatin. However, since Jus discloses incubating substantially the same porcine gelatin and tyrosinase in substantially the same conditions, one of ordinary skill in the art would reasonably conclude the cross-linked gelatin of Jus to exhibit substantially the same characteristics, including a shear strength of at least 2 MPa; a burst pressure of at least 6 kPa; a load force of at least 60 N; and a tensile stress of at least 3 MPa like the claimed invention.
Regarding claims 3 and 4 reciting an incubation time range (i.e. for more than 30 minutes) or a concentration of tyrosinase (i.e. between 100-200 U/ml), the claimed ranges would have been obvious to one of ordinary skill in the art since they overlap with the ranges of the prior art (i.e. 24 hours and 150 U, respectively). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP § 2144.05(I).
Regarding claim 6, since Jus discloses providing substantially the same components (i.e. porcine gelatin and tyrosinase) and substantially the same process (i.e. incubating the solution containing porcine gelatin with tyrosinase) as instantly claimed, one of ordinary skill in the art would reasonably conclude the process of Jus makes the DOPA-gelatin in a one-step synthesis reaction like the claimed invention.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Raia et al. (WO 2018/098299 A, 05/31/2018), directed to gelatin modified by one or more tyramine group, and the use of tyrosinase.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUCY TIEN whose telephone number is (571)272-8267. The examiner can normally be reached Monday - Thursday 8:30 AM - 6:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SAHANA KAUP can be reached at (571) 272-6897. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUCY M TIEN/Examiner, Art Unit 1612
/SAHANA S KAUP/Supervisory Primary Examiner, Art Unit 1612