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 .
This office action is in response to the Patent Trail and Appeal Board decision.
Withdrawal of Rejection(s)
The rejection of claims 1, 2, 4, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17, 19, 20 on the ground of provisional nonstatutory double patenting as being unpatentable over claims 14, 15, and 18 of copending Application No. 17/518,157 (reference application) (US 2022/0054703 A1; previously cited) in view of Holy et al (US 2003/0008395 A1) is withdrawn based on the abandonment of the copending application.
The rejection of claim(s) 1, 2, 4, 6, 7, 9, 10, 12-18, 20-22, and 24 under 35 U.S.C. 103 as being unpatentable over Haaparanta et al. (10/25/2022 IDS, NPL #4; previously cited) in view of Holy et al (US 2003/0008395 A1) is withdrawn based on the analysis that Holy does not sufficiently establish that a polymer that has been surface modified with collagen has been sterilized with gamma-irradiation after that modification as stated in the Patent Trail and Appeal Board decision.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on August 13, 2024, December 2, 2024, and May 8, 2025 are being considered by the examiner. The signed IDS forms are attached with the instant office action.
Pending Rejection(s)
Claim Rejections - 35 USC § 112
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.
Claim 19 is 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 19 is written as dependent on claim 17, but then refers to a limitation on claim 18 from which it does not properly depend. The reference to claim 18 in claim 19 is unclear as it lacks proper dependency. Any dependent claim which refers to more than one other claim (“multiple dependent claim”) shall refer to such other claims in the alternative only. Furthermore claim 19 is drawn to a “method of claim 17 wherein the mesh in step iii) of claim 18 is subjected to…”. However, claim 18 does not recite “a step iii)” either. So, claim 19 is not only improperly dependent but also lacks antecedence. Examiner suggests amending claim 19 to properly depend from claim 17 which does recite “step iii)”.
Conclusion
Claim 19 is rejected.
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/ANAND U DESAI/Supervisory Patent Examiner, Art Unit 1655