Prosecution Insights
Last updated: April 19, 2026
Application No. 18/239,557

Dermal Patch for Transdermal Administration of Ghrelin Pathway Blocker

Non-Final OA §103
Filed
Aug 29, 2023
Examiner
GHALI, ISIS A D
Art Unit
1611
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Resarcion LLC
OA Round
3 (Non-Final)
28%
Grant Probability
At Risk
3-4
OA Rounds
4y 7m
To Grant
69%
With Interview

Examiner Intelligence

Grants only 28% of cases
28%
Career Allow Rate
232 granted / 838 resolved
-32.3% vs TC avg
Strong +41% interview lift
Without
With
+41.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 7m
Avg Prosecution
60 currently pending
Career history
898
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
50.2%
+10.2% vs TC avg
§102
8.5%
-31.5% vs TC avg
§112
24.6%
-15.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 838 resolved cases

Office Action

§103
DETAILED ACTION The receipt is acknowledged of applicant’s amendment and request for RCE filed 12/15/2025. Claims 20-38 are pending and subject of this office 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/15/2025 has been entered. Claim Rejections - 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 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. 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 20-33 are rejected under 35 U.S.C. 103 as being unpatentable over Bryant et al. (US 2003/0211967, currently cited in PTO 892), combined with the article by Monkare et al.(“IgG-loaded hyaluronan-based dissolving microneedles intradermal protein delivery”, previously provided) evidenced by Nakazato et al. (“A Role for Ghrelin in the central Regulation of Feeding”, IDS filed 08/29/2023), and further combined with either Park et al. (US 2002/0082543, of record in the parent application), or Liu et al. (US 20018/0236215, of record in the parent application). Applicant Claims Claim 20 is directed to a method of modulating a subject’s appetite, comprising: applying a dermal patch having a plurality of projections to a subject’s skin such that the projections penetrate into the skin, wherein said dermal patch includes a ghrelin blocker incorporated in the plurality of projections at a concentration configured to modulate the subject’s appetite, wherein the projections include a biodegradable matrix material that is degradable in the skin so as to release a sufficient amount of the ghrelin blocker into the skin such that the ghrelin blocker is introduced into the subject’s circulatory system so as to bind to circulating ghrelin to modulate its biological activity, thereby modulating the subject’s appetite. Determination of the Scope and Content of the Prior Art (MPEP §2141.01) Bryant teaches method for inhibiting ghrelin activity to treat obesity by administering agents that neutralize ghrelin or ghrelin receptors antagonist, e.g. growth hormone secretagogue receptor antagonist (GHS-RA) and ghrelin neutralizing agent (GNA) to treat obesity by inhibition of food intake (abstract; ¶¶ 0004, 0012). Elevated ghrelin increases appetite and fat deposition, and antagonizing ghrelin action induces energy consumption from fat stores (¶¶ 0010, 0050). The preferred routes of administering ghrelin receptors antagonists is that introduce the antagonists to the systemic circulation by transdermal or topical delivery, or by using hypodermic needle (¶¶ 0014, 0015, 0036). The reference teaches anti-ghrelin antibodies and anti-ghrelin antibodies fragments (¶¶ 0019-0021, 0032-0034). A GHS-RA is any compound that partially or fully antagonizes, blocks, or otherwise inhibits the biological action of ghrelin by binding to the GHS-R without stimulating the release of growth hormone. GHS-RA are compounds useful in the methods and include natural products, synthetic organic compounds, peptides, proteins, antibodies, antibody fragments, single chain antibodies, and antibody based constructs (¶¶ 0028-0029; claims). Ascertainment of the Difference Between Scope the Prior Art and the Claims (MPEP §2141.012) While Bryant teaches transdermal and hypodermic delivery of ghrelin antagonists, i.e. ghrelin blockers, to systemic circulation, the reference does not explicitly teach dermal patch comprising projections as claimed by claim 1. Monkare teaches dissolvable microneedles for dermal efficient noninvasive delivery of IgG (immunoglobulin-G). The microneedles penetrate the epidermis and dissolve to deliver the IgG (see the entire document, and in particular abstract and conclusion). Immunoglobulin-G (IgG) is an anti-ghrelin as evidenced by Nakazato. Nakazato further teaches anti-ghrelin i.e. ghrelin blocker, is an acylated peptide that suppresses feeding i.e. reduced appetite (see abstract). Park teaches microneedle device comprising substrate and plurality of microneedles extending from the substrate. The microneedles comprising drug in longitudinal channels. The microneedle device used to deliver drugs into the skin or for systemic delivery (abstract; ¶¶ 0015, 0035, 0036, 0038, 0119, 0123, 0125, 0134). The microneedles are formed of biodegradable biocompatible polymers (¶ 0016). The microneedle comprises a shaft that includes a channel and two layers around the shaft. the channel can be filled with a matrix material containing a drug. The drug would then be released at a controlled rate following microneedle insertion, by degradation of the matrix material (¶¶ 0046, 0049). The microneedles may comprise chambers comprising the drug (¶ 0065), that read on encapsulation of the drug. The microneedles provides controlled drug delivery by selecting the rate of biodegradation or dissolution of the microneedles or of a biodegradable matrix having drug dispersed within the matrix, for example by selection of the appropriate polymeric matrix material. The matrix comprises synthetic or natural polymer, ceramic material, etc. (¶¶ 0064, 0068). The active agent can be particles encapsulated in the polymer forming the microneedles, and can be stored in chambers in the microneedles (¶¶ 0045, 0065). Microneedles device is relatively painless, and provides controlled and safe delivery of drugs across the skin for local or systemic delivery (¶¶ 0012, 0119, 0123, 0125, 0134). Liu teaches device comprising microneedle array projecting from a substrate to deliver active agent that are loaded into the microneedles to a patient through the skin (abstract; ¶¶ 0006-0008). The microneedles are made of dissolvable polymer that dissolve when inserted into skin and release the active agent (¶¶ 0009). The microneedle dissolve after separation from the substrate (¶¶ 0086, 0087). Each microneedle comprises two layers of different dissolvable polymer and having different degradation and dissolution (¶¶ 0014, 0015, 0052, 0053). The dissolvable polymer includes collagen and carboxymethyl cellulose (¶¶ 0017, 0058). The active agent is incorporated in the microneedles within a matrix defined by a dissolvable polymer (¶ 0011), i.e. encapsulated. The active agents include antibodies, and is present in amount of 0.001-15% (¶ 0065, 0067). Advantages of the microneedle arrays include increasing skin permeability for a variety of biological entities or active ingredients, permitting slow therapeutic release while reducing complications from localized or systemic diffusion, providing a large treatment area relative to a single-site injection, and creating less pain for a subject compared to hypodermic administration of an active material (¶ 0072). Finding of Prima Facie Obviousness Rational and Motivation (MPEP §2142-2143) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to reduce food intake by administration of ghrelin antagonist to reduce appetite because ghrelin increases appetite, and administer ghrelin transdermally or using hypodermic needles as taught by Bryant, and use microneedles taught by Monkare as evidenced by Nakazato, Park or Lui. One would have been motivated to do so because Monkare, as evidenced by Nakazato, teaches microneedles are efficient noninvasive method for delivering IgG that is a known ghrelin blocker through the skin. Further, one having ordinary skill in the art would have used transdermal microneedle devices taught by any of Park or Lui to deliver ghrelin antagonist because Park teaches microneedles device is relatively painless, and provides controlled and safe delivery of drugs across the skin to systemic circulation, and because Liu teaches microneedles device has the advantages of increasing skin permeability for the active ingredients, permitting slow therapeutic release while reducing complications from localized or systemic diffusion, providing a large treatment area relative to a single-site injection, and creating less pain for a subject compared to hypodermic injection. One would reasonably expect reduce food intake, suppress appetite and treat obesity by delivering ghrelin antagonist using microneedles in a subject in need thereof wherein the delivery method is painless and advantageous over hypodermic injection. Regarding the claimed method of suppressing appetite as claimed by claim 1, Bryant teaches elevated ghrelin increases appetite and fat deposition, and antagonizing ghrelin action induces energy consumption from fat stores, and this teaching implies that blocking ghrelin will suppress appetite. Regarding plurality of projections as claimed by claim 20, this is taught by Monkare, Park and Lui. Regarding ghrelin blocker incorporated in the plurality of projections as claimed by claim 20, this is taught by combination of the cited references. Regarding the concentration of ghrelin antagonist is configured to modulate the subject’s appetite as claimed by claim 20, this is implied by the teachings of the references in combination, appetite and food intake being suppressed and obesity being treated. Regarding claim 20 that the projections include a biodegradable matrix material is degradable in the skin so as to release a sufficient amount of the ghrelin blocker into the skin such that the ghrelin blocker is introduced into the subject’s circulatory system so as to modulate the subject’s appetite, Monkare, Park and Lui teach biodegradable projections that deliver ghrelin to the circulatory system. Regarding the functional limitation of claim 20 that “ghrelin blocker is introduced into the subject’s circulatory system so as to bind to circulating ghrelin to modulate its biological activity, thereby modulating the subject’s appetite”, combination of the cited references teaches the instantly claimed method and device used to practice the method as claimed by claim 20 that delivers ghrelin into the circulatory system, and any property or function applicant achieved would be intrinsic inevitable function inseparable from the method and device taught by combination of the cited references. Note that both Park and Liu teach systemic administration of active agents using microneedles, and Lui teaches microneedles are advantageous over hypodermic injection taught by Bryant. Regarding the ghrelin blocker comprises an anti-ghrelin antibody, antibody fragment, aptamer, catalyzer as claimed by claims 21, 22, 23 and 24, respectively, Bryant teaches antibodies, antibodies fragments, and Monkare evidenced by Nakazato teach IgG that is a known ghrelin antagonist. Further, applicants failed to claim specific aptamer or catalyzer and failed to show any unexpected results of any of the claimed ghrelin blockers. Regarding claim 25 that the ghrelin blocker exhibits specific binding to ghrelin, acylated ghrelin or a ghrelin precursor, and claim 26 that the ghrelin precursor is prepro-ghrelin, these are properties inseparable from ghrelin blocker, specially applicants used immunoglobulin-G taught by Monkare, evidenced by Nakazato, that teaches IgG suppresses appetite by blocking acylated ghrelin. Regarding the concentration of the ghrelin blocker in the plurality of the projections is in a range of about 1% to about 80%, about 10% to about 70%, about 20% to about 60% and about 30% to about 50% as claimed by claims 27, 28, 29 and 30, respectively, one having ordinary skill in the art would have determined the effective amount based on the desired degree of appetite suppression, and specific patient condition, e.g. age, weight, health condition, etc. Regarding claim 31 that the ghrelin blocker is configured to interact with any of circulating ghrelin and at least one of its precursors for modulating the subject’s appetite, this is property of the ghrelin blocker once it reaches the circulation after administration by the microneedles. Regarding the anti-ghrelin comprises immunoglobulin-G claimed by claim 32, this is taught by Monkare evidenced by Nakazato. Regarding the material of the biodegradable matrix as claimed by claim 33, Liu teaches collagen and carboxymethyl cellulose. Absent any evidence to the contrary, and based upon the teachings of the prior art, there would have been a reasonable expectation of success in practicing the instantly claimed invention. Therefore, the 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 present invention. Claims 34-37 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bryant, Monkare evidenced by Nakazato, and Park or Liu as applied to claims 20-33 above, and further in view of Francis et al. (US 2018/0161252, of record). Applicant Claims Claims 34-35 recite that the ghrelin blocker is encapsulated in polymer particles. Claim 36 recites particles have different sizes and claim 37 recites particles have different materials. Determination of the Scope and Content of the Prior Art (MPEP §2141.01) The combined teachings of Bryant, Monkare evidenced by Nakazato, and Park or Liu, are previously discussed in this office action. Ascertainment of the Difference Between Scope the Prior Art and the Claims (MPEP §2141.012) While Park teaches encapsulation of the active agent in polymeric matrix in channels in the microneedles, the reference however does not teach encapsulating the active agent in polymeric particles as claimed by claims 34-35. The cited references do not teach different sizes or different materials of the particles as claimed by claims 36 and 37 respectively. Francis teaches microneedle device to deliver active agent to the skin, the device comprises dissolvable microneedles and active agent encapsulated in biocompatible or biodegradable polymer microparticles, e.g. PVP, PEG (abstract; ¶¶ 0029, 0057, 0058). Finding of Prima Facie Obviousness Rational and Motivation (MPEP §2142-2143) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to suppress appetite using ghrelin blocker administered from microneedle device and included in a polymer matrix within a channel in the microneedles as taught by the combination of Bryant, Monkare evidenced by Nakazato, and Park or Liu, and encapsulate the ghrelin blocker in polymeric microparticles and incorporate them in the matrix in the channels of the microneedles as taught by Francis. One would have been motivated to do so because Francis teaches suitability of polymeric microparticles to deliver active agent to the skin from microneedle device. One would reasonably expect formulating microneedle device comprising microparticles encapsulating ghrelin blocker in channels of the microneedles that successfully deliver the active agent to the skin. Regarding claim 34 that microneedles comprises a plurality of polymeric particles encapsulating ghrelin blocker material, Francis teaches polymeric microparticles encapsulating active agent, and combination of all the cited references teaches polymeric microparticles encapsulating ghrelin blocker. Regarding claim 35 that the particles are disposed in channel in the microneedles, combination of the cited references teaches drug is present in channel, and therefore, the polymeric particles encapsulated the drug will be present in the channel. Regarding claim 36 that the polymeric particles exhibit different sizes, one having ordinary skill in the art would have formulated the particles of different sizes to provide different release profile, based on the amount of the drug and its desired period of release. Regarding claim 37 that the polymeric particles are formed of a plurality of different polymeric materials, one having ordinary skill in the art would have formulated the particles of different polymeric material based on desired period and mode of drug release, and site of application. Absent any evidence to the contrary, and based upon the teachings of the prior art, there would have been a reasonable expectation of success in practicing the instantly claimed invention. Therefore, the 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 present invention. Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bryant, Monkare evidenced by Nakazato, Park or Liu, and Francis as applied to claims 20-37 above, and further in view of Chen et al. (US 2016/0058992, of record). Applicant Claims Claim 38 recites different polymeric materials exhibit different dissolution rates in the skin. Determination of the Scope and Content of the Prior Art (MPEP §2141.01) The combined teachings of Bryant, Monkare evidenced by Nakazato, Park or Liu and Francis are previously discussed in this office action. Ascertainment of the Difference Between Scope the Prior Art and the Claims (MPEP §2141.012) The combination of the references does not explicitly teaches different polymeric materials as claimed by claims 38. Chen teaches device for delivering active agent to the skin without discomfort, inconvenience and instability associated with regular needle. The device comprises backing layer and microneedles projections attached to the backing by adhesive. The microneedles comprises biodegradable bioerodible polymers, e.g. chitosan, gelatin, carboxymethyl cellulose. The microneedles comprises different portions made of different polymers of different solubilities, e.g. different layers. The microneedles comprises shaft (abstract; ¶¶ 0008, 0009, 0044, 0045, 0060, 0071, 0079, 0087, 0088, 0089, 0098). Finding of Prima Facie Obviousness Rational and Motivation (MPEP §2142-2143) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to suppress appetite using ghrelin blocker administered from microneedle device and included in a polymer matrix within a channel in the microneedles as taught by the combination of Bryant, Monkare evidenced by Nakazato, Park or Liu, and Francis, and use different polymers of different solubilities and different materials in different portions or layers of the microneedles as taught by Chen. One would have been motivated to do so because Chen teaches Chen teaches suitability of using different polymers of different solubilities and different materials. One would reasonably expect suppressing appetite using ghrelin blocker administered from microneedle device and included in a polymer matrix within a channel in the microneedles, wherein the polymers have different materials and consequently different solubility. Absent any evidence to the contrary, and based upon the teachings of the prior art, there would have been a reasonable expectation of success in practicing the instantly claimed invention. Therefore, the 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 present invention. Response to Arguments Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive. Rejections Pursuant to 35 U.S.C. §103 Claims 20 — 33 Applicants argue that neither Nakazato nor Roth discloses introducing a ghrelin blocker incorporated in a plurality of projections provided on an intradermal patch into a subject's circulatory system so that the ghrelin blocker can bind to the circulatory ghrelin so as to modulate its biological activity, as recited in amended Claim 1. In response to this argument, it is noted Nakazato reference is currently relied upon as an evidentiary references showing that IgG is a ghrelin blocker and ghrelin is an acylated ghrelin as claimed. Roth is no longer relied upon for rejecting the claims. Applicants argue that Monkare does not teach or suggest that microneedles can be used in a manner to introduce a ghrelin blocker into the skin such that it would find its way into a subject’s circulatory system to bind to the circulating ghrelin. There is no reason to believe based on Monkare’s teachings that even if a ghrelin blocker were introduced into the skin via its microneedles it would diffuse into the circulatory system, e.g., without being trapped within the skin or without being sequestered by the lymphatic system. In response to this argument, it is argued that Monkare is relied upon for teaching suitability of microneedles for delivery of IgG to the skin. Diffusion of ghrelin blocker into the circulatory system after delivery into the skin is inevitable and depends on the used formulation and depth of the administration, and it taught by Park and Lui. Once drugs are delivered to the skin, the drug will inevitably carried by the drug to the circulation and provide systemic effects, absent evidence to the contrary. Note that systemic delivery of drugs after transdermal administration by microneedles is taught by both Park and Liu. Applicants argue that no indication in Park regarding the use of its microneedles for intradermal delivery of a ghrelin blocker to a subject such that the ghrelin blocker can enter the subject’s circulatory system to bind to the circulating ghrelin. Similarly, Liu does not teach, or even suggest, the use of its microneedle arrays for the delivery of a ghrelin blocker into a subject’s circulatory system. In response to this argument, it is argued that Park and Liu are relied upon for teaching microneedle device comprising substrate and plurality of biodegradable microneedles extending from the substrate. Both references teach the claimed microneedle device comprising the claimed structure and ingredients for controlled and safe delivery of drugs across the skin. Both references suggest systemic drug delivery, i.e. delivery into the circulation, e.g. paragraphs [0012, 0119, 0123, 0125, 0134] of Park, and paragraph [0072] of Liu. Combination of the cited references suggests delivery of a ghrelin blocker into a subject’s circulatory system as claimed, and expected to bind the circulating ghrelin since compound and their properties are inseparable. Applicants argue that, in sum, none of the cited references teaches, or even suggests, introducing a ghrelin blocker into a subject’s circulatory system such that it would bind to the circulating ghrelin for modulating the subject’s appetite. Further, given the unpredictable nature of the art, the significantly different modes of administration disclosed by Nakazato and Roth would not indicate a reasonable expectation of success for adjusting a subject’s appetite via transdermal delivery of a ghrelin blocker. As such, one of ordinary skill would not have any reason to consider introducing a ghrelin blocker into a subject’s circulatory system for modulating the subject’s appetite. In response to this argument, it is argued that the steps of the claimed method and the device used to practice the claimed method are taught by combination of the cited references. Motivation to combine the references exists, even if different from what applicant had done. The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). Further, reasonable expectation to achieve the resent invention was presented as set forth in this office action. The obviousness does not require absolute predictability of success all that is required is a reasonable expectation of success. See In re Kubin, 561 F.3d at 1360. The Court has held that "the test of obviousness is not express suggestion of the claimed invention in any or all of the references but rather what the references taken collectively would suggest to those of ordinary skill in the art presumed to be familiar with them." See In re Rosselet, 146 USPQ 183, 186 (CCPA 1965). "There is no requirement (under 35 USC 103(a)) that the prior art contain an express suggestion to combine known elements to achieve the claimed invention. Rather, the suggestion to combine may come from the prior art, as filtered through the knowledge of one skilled in the art." Motorola, Inc. v. Interdigital Tech. Corp., 43 USPQ2d 1481, 1489 (Fed. Cir.1997). An obviousness determination is not the result of a rigid formula disassociated from the consideration of the facts of a case. Indeed, the common sense of those skilled in the art demonstrates why some combinations would have been obvious where others would not. See KSR Int'l Co. v. Teleflex Inc., 82 USPQ2d 1385 (U.S. 2007) ("The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results."). Il. Claims 34 — 37 Applicants argue that due to dependence of claims 34-37 on Claim 20, the claims are patentable over the combination of Nakazato, Roth, Monkare, Park, or Liu at least for the reasons provided above in connection with Claim 20. Francis does not cure the shortcomings of the combination of these references to arrive at the claimed subject matter. Francis does not teach or even suggest using such microparticles for delivery of a ghrelin blocker into a subject’s circulatory system. In response to this argument, it is argued that claim 20 in unpatentable as discussed in this office action. Francis is relied upon for teaching encapsulation of the ghrelin blocker taught by the combination of Nakazato, Roth Monkare, Park, or Liu in polymeric microparticles and incorporate them in the matrix in the channels of the microneedles. Francis does not need to reteach elements taught by other references. Francis satisfied the purpose for which it was applied. Ill. Claim 38 is rejected as being unpatentable over the combination of Nakazato, Roth, Monkare, Park, Liu and Francis and further in view of Chen et al. (US 2016/0058992). Applicants argue that claim 38 depends on Claim 37 and hence is patentable over the combination of Nakazato, Roth, Monkare, Park, Liu and Francis at least for the reasons provided above in connection with Claim 37. Chen does not cure the shortcomings of these references. Chen does not disclose microstructures with different dissolution rates. In response to this argument, it is argued that claims 20-37 are not patentable over the combination of Nakazato, Roth, Monkare, Park, Liu and Francis as set forth in this office action. Chen is relied upon for teaching the of use different polymers of different solubilities and different materials in different portions or layers of the microneedles as claimed by claim 38. Chen satisfied the purpose for which it was applied. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Isis A D Ghali whose telephone number is (571)272-0595. The examiner can normally be reached Monday through Friday, 8:30 AM to 5:00 PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bethany Barham can be reached on 571-272-6175. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ISIS A GHALI/Primary Examiner, Art Unit 1611 /I.G./
Read full office action

Prosecution Timeline

Aug 29, 2023
Application Filed
Nov 27, 2024
Non-Final Rejection — §103
Jun 03, 2025
Response Filed
Aug 13, 2025
Final Rejection — §103
Dec 15, 2025
Request for Continued Examination
Dec 17, 2025
Response after Non-Final Action
Jan 23, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
28%
Grant Probability
69%
With Interview (+41.0%)
4y 7m
Median Time to Grant
High
PTA Risk
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