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 .
Acknowledgment of Papers Received: Amendment/Response dated 6/11/26.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Delaney, Jr. et al (US 2021/0062004 hereafter Delaney).
Delaney discloses a system for forming a hydrogel comprising (a) a first composition that comprises a polyiodinated polyamino compound that comprises polyamino moiety linked to the polyiodinated aromatic moiety by an amide group [0006-0007] and a (b) second composition that is reactive multi-arm polymer that is reactive with the amino groups of the polyiodinated polyamino compound [0008-0010, 0018], meeting the limitations of claims 1. The polyiodinated aromatic moiety comprises a multicyclic or monocyclic aromatic substituted with a plurality of iodine groups or hydrophilic functional groups [0035-0036], meeting limitations of claims 2-4. The multicyclic aromatic moiety can be a benzene [0036], meting limitations of claim 5. The polyiodinated aromatic moiety is a 1,3- substituted 2,4,6-triiodobenzene moiety in which a substituent at each of the 3 positions are carboxyl groups such as a polylysine, poly (allyl amine) [0039-40], meeting the limitations of 6-8. The polyamino moiety can include methylamines as well, where the amines are attached along the chain [0061], meeting limitations of claims 9-10. The hydrophilic polymer arms of the second components include ethylene oxide, N-vinyl pyrrolidone, oxazoline [0030] meeting the limitations of claim 11. The electrophilic such as benzene, imidazole carboxylate or imide esters [0017, 0018, 0033], meeting the limitations of claim 12-13. The hydrogel is formed by a method of the above components [0045-0047], meeting limitations of claims 18-20. The hydrogel can be delivered in a medical device [0063], meeting limitations of claim 14. The system for delivery comprises a first reservoir that contains the first composition wherein the during operation the first and second compositions are dispensed from the reservoirs, and where the compositions interact and crosslink, and where the delivery device is a double barrel syringe [0059-0054], meeting the limitations of claims 15-16. These disclosures render the claims anticipated.
Response to Arguments
Applicant's arguments filed 6/11/26 have been fully considered but they are not persuasive. Applicant argues that the Delaney patent does not anticipate the instant claims as it does not disclose a two part system comprising (a) a first composition comprising a polyiodinated polyamino compound and (b) a second composition comprising a reactive multi-arm polymer. It remains the position of the Examiner that Delaney continues to anticipate the instant claims. The hydrogel of Delaney comprises both a composition comprising a polyiodinated polyamino compound and a multi-arm polymer [0018]. The multifunctional compound has an aromatic structure radiopaque groups including iodide groups [0035]. Applicant argues that this is a single compound, whoever the disclosure clearly recites two compositions as they are combined with the invention is a reaction product of the two compositions [0024]. Delaney discloses the two parti system as well as a method for making the two-part system including multiple functional groups, meeting the limitations of the claims as recited above. The claims remain anticipated.
Conclusion
THIS ACTION IS MADE FINAL. 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 MICAH PAUL YOUNG whose telephone number is (571)272-0608. The examiner can normally be reached Monday through Friday, 9:00 am to 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hartley can be reached at 5712720616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICAH PAUL YOUNG/Primary Examiner, Art Unit 1618
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