Prosecution Insights
Last updated: October 25, 2026
Application No. 18/272,097

COPOLYMER, ANTIBODY-COPOLYMER CONJUGATE PREPARATION KIT, ANTIBODY-COPOLYMER CONJUGATE, METHOD FOR CONCENTRATING ANTIGEN, AND METHOD FOR DETECTING ANTIGEN

Final Rejection §103
Filed
Jul 13, 2023
Priority
Apr 12, 2021 — JP 2021-066984 +1 more
Examiner
KARST, DAVID THOMAS
Art Unit
1767
Tech Center
1700 — Chemical & Materials Engineering
Assignee
National Institute for Materials Science
OA Round
2 (Final)
65%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
74%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allowance Rate
656 granted / 1013 resolved
At TC average
Moderate +10% lift
Without
With
+9.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
51 currently pending
Career history
1074
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
49.2%
+9.2% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
27.5%
-12.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1013 resolved cases

Office Action

§103
DETAILED ACTION Applicant’s response filed on 07/30/2026 has been fully considered. Claims 1-20 are pending. Claims 1 and 11 are amended. Claims 8-15 are withdrawn. 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 . Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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 (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 1, 2, 5, 6, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Fisher et al. (US 2017/0304420 A1). Regarding claim 1, Fisher teaches a statistical copolymer having the formula PNG media_image1.png 892 472 media_image1.png Greyscale , wherein PNG media_image2.png 26 54 media_image2.png Greyscale PNG media_image3.png 32 86 media_image3.png Greyscale , PNG media_image4.png 28 118 media_image4.png Greyscale , and PNG media_image5.png 24 58 media_image5.png Greyscale PNG media_image6.png 208 350 media_image6.png Greyscale [0119], which reads on a copolymer comprising a repeating unit 1 represented by the claimed formula (1) and a repeating unit 2, in the formula (1), X1 represents a hydrogen atom as claimed. Fisher teaches that the polymer comprises thermoresponsive macromolecules-forming monomeric units (NIPAAm and NIPMAm) and methacrylamide-based monomeric units bearing the functional groups (FGs) attached to the methacryloyl moiety through various spacers (SPs) [0116], wherein the SPs include diamines (1,3-propylenediamine, etc.) [0117], which suggests modifying Fisher’s PNG media_image7.png 32 84 media_image7.png Greyscale group in Fisher’s X group in Fisher’s formula for Fisher’s statistical copolymer to be a different species, such as -CH(CH3)CH2-, such that the -CH- group is bonded to the -CONH- group bonded to the backbone of Fisher’s statistical copolymer, and the -CH2- group is bonded to the -NHCO- bonded to the -(CH2)2- group in the side group of Fisher’s statistical copolymer. Fisher therefore suggests the copolymer further comprising a repeating unit 2 represented by the claimed formula (2), in the formula (2), X2 represents a linear alkyl group having 1 carbon atom, L2 represents a divalent group, multiple R1s are same as or different from each other and are each selected from a hydrogen atom, an alkenyl group having 1 to 4 carbon atoms, where two or more R1s bind to each other to form a ring, Z is selected from NR1, a’ is an integer of 2 to 3, a’’ is an integer of 2 to 3, and a sum of a’ and a’’ is 5, wherein the unit 2 comprises a cyclic alkyne. Fisher does not teach that the copolymer further comprises a repeating unit 2 represented by the claimed formula (2). Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to modify Fisher’s PNG media_image7.png 32 84 media_image7.png Greyscale group in Fisher’s X group in Fisher’s formula for Fisher’s statistical copolymer to be -CH(CH3)CH2-, such that the -CH- group is bonded to the -CONH- group bonded to the backbone of Fisher’s statistical copolymer, and the -CH2- group is bonded to the -NHCO- bonded to the -(CH2)2- group in the side group of Fisher’s statistical copolymer. The proposed modification would read on the copolymer further comprising a repeating unit 2 represented by the claimed formula (2), in the formula (2), X2 represents a linear alkyl group having 1 carbon atom, L2 represents a divalent group, multiple R1s are same as or different from each other and are each selected from a hydrogen atom, an alkenyl group having 1 to 4 carbon atoms, where two or more R1s bind to each other to form a ring, Z is selected from NR1, a’ is an integer of 2 to 3, a’’ is an integer of 2 to 3, and a sum of a’ and a’’ is 5, wherein the unit 2 comprises a cyclic alkyne as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Fisher teaches that the statistical copolymer has the formula PNG media_image1.png 892 472 media_image1.png Greyscale , wherein PNG media_image2.png 26 54 media_image2.png Greyscale PNG media_image3.png 32 86 media_image3.png Greyscale [0119], that the polymer comprises thermoresponsive macromolecules-forming monomeric units (NIPAAm and NIPMAm) and methacrylamide-based monomeric units bearing the functional groups (FGs) attached to the methacryloyl moiety through various spacers (SPs) [0116], and that the SPs include diamines (1,3-propylenediamine, etc.) [0117], which means that Fisher’s PNG media_image7.png 32 84 media_image7.png Greyscale group in Fisher’s X group in Fisher’s formula for Fisher’s statistical copolymer and a -CH(CH3)CH2-, such that the -CH- group is bonded to the -CONH- group bonded to the backbone of Fisher’s statistical copolymer, and the -CH2- group is bonded to the -NHCO- bonded to the -(CH2)2- group in the side group of Fisher’s statistical copolymer, are of sufficiently close structural similarity that the resulting statistical copolymer would possess similar properties because they are isomers, and which means that Fisher permits the X group in the formula for the statistical copolymer to be any alkylene group. Compounds which are position isomers (compounds having the same radicals in physically different positions on the same nucleus) are generally of sufficiently close structural similarity that there is a presumed expectation that such compounds possess similar properties (MPEP 2144.09(II)). Examples of rationales that may support a conclusion of obviousness include "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)). Regarding claim 2, Fisher teaches that the statistical copolymer has the formula PNG media_image1.png 892 472 media_image1.png Greyscale [0119], that the polymer comprises thermoresponsive macromolecules-forming monomeric units (NIPAAm and NIPMAm) and methacrylamide-based monomeric units bearing the functional groups (FGs) attached to the methacryloyl moiety through various spacers (SPs) [0116], and that the SPs include diamines (1,3-propylenediamine, etc.) [0117], which means that Fisher’s m and n in the backbone of Fisher’s formula for Fisher’s statistical copolymer can be any integer that is 1 or greater, which reads on wherein a content of the unit 2 is greater than 0 mol% and less than 100 mol% when a total of the repeating unit is defined as 100 mol%. Fisher does not teach that a content of the unit 2 is 1.0 to 30.0 mol% when a total of the repeating units is defined as 100 mol%. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Fisher’s n in the backbone of Fisher’s statistical copolymer to be from 1.0 to 30.0 % of the total value of Fisher’s m and Fisher’s n in the backbone of Fisher’s statistical copolymer. The proposed modification would read on wherein a content of the unit 2 is 1.0 to 30.0 mol% when a total of the repeating units is defined as 100 mol% as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing thermoresponsive properties of Fisher’s statistical copolymer because Fisher teaches that the statistical copolymer has the formula PNG media_image1.png 892 472 media_image1.png Greyscale [0119], that the polymer comprises thermoresponsive macromolecules-forming monomeric units (NIPAAm and NIPMAm) and methacrylamide-based monomeric units bearing the functional groups (FGs) attached to the methacryloyl moiety through various spacers (SPs) [0116], and that the SPs include diamines (1,3-propylenediamine, etc.) [0117], which means that Fisher’s n in the backbone of Fisher’s statistical copolymer in % of the total value of Fisher’s m and Fisher’s n in the backbone of Fisher’s statistical copolymer would have affected the thermoresponsive properties of Fisher’s statistical copolymer. Regarding claims 5 and 20, Fisher teaches that the statistical copolymer has the formula PNG media_image1.png 892 472 media_image1.png Greyscale [0119], that the polymer comprises thermoresponsive macromolecules-forming monomeric units (NIPAAm and NIPMAm) and methacrylamide-based monomeric units bearing the functional groups (FGs) attached to the methacryloyl moiety through various spacers (SPs) [0116], and that the SPs include diamines (1,3-propylenediamine, etc.) [0117], which means that Fisher’s m and n in the backbone of Fisher’s formula for Fisher’s statistical copolymer can be any integer that is 1 or greater, which reads on wherein a content of the unit 2 is greater than 0 mol% and less than 100 mol% when the total of repeating units is defined as 100 mol%. Fisher does not teach that a content of the unit 2 is from 5 mol% to 30 mol% or less when the total of repeating units is defined as 100 mol%. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize Fisher’s n in the backbone of Fisher’s statistical copolymer to be from 5 to 30 % of the total value of Fisher’s m and Fisher’s n in the backbone of Fisher’s statistical copolymer. The proposed modification would read on wherein a content of the unit 2 is from 5 mol% to 30 mol% or less when the total of repeating units is defined as 100 mol% as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing thermoresponsive properties of Fisher’s statistical copolymer because Fisher teaches that the statistical copolymer has the formula PNG media_image1.png 892 472 media_image1.png Greyscale [0119], that the polymer comprises thermoresponsive macromolecules-forming monomeric units (NIPAAm and NIPMAm) and methacrylamide-based monomeric units bearing the functional groups (FGs) attached to the methacryloyl moiety through various spacers (SPs) [0116], and that the SPs include diamines (1,3-propylenediamine, etc.) [0117], which means that Fisher’s n in the backbone of Fisher’s statistical copolymer in % of the total value of Fisher’s m and Fisher’s n in the backbone of Fisher’s statistical copolymer would have affected the thermoresponsive properties of Fisher’s statistical copolymer. Regarding claim 6, Fisher teaches that the average molecular weights of the polymer may be between about 5,000 to 1,000,000 g/mol [0029], which reads on the copolymer according to claim 1, having a number average molecular weight of about 5000 to 1000000. Fisher does not teach with sufficient specificity that the copolymer has a number average molecular weight of 5000 to 50000. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the average molecular weights of Fisher’s statistical copolymer to be from 5,000 to 50,000. The proposed modification would read on the copolymer according to claim 1, having a number average molecular weight of 5000 to 50000 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for providing an average molecular weight that is suitable for Fisher’s statistical copolymer or because it would have been obvious to try with a reasonable expectation of success because Fisher teaches that the average molecular weights of the polymer may be between about 5,000 to 1,000,000 g/mol [0029], which encompasses from 5,000 to 50,000. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05(I)). Examples of rationales that may support a conclusion of obviousness include "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)). Allowable Subject Matter Claims 3, 4, 7, and 16-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 3 and 16, Fisher et al. (US 2017/0304420 A1) renders obvious the copolymer of Claims 1 and 2 as explained above. Fisher does not teach that the unit 2 is a unit 3 represented by the formula (3) or a unit 4 represented by the formula (4). Although Simon Jacques (Simon Jacques, “Polymer/DNA Bio-conjugates via Grafting-from and Grafting-to”, thesis at Flinders University, Adelaide South Australia, November 2017, cited in IDS, made of record on 10/09/2025) teaches a copolymer that has the formula PNG media_image8.png 344 508 media_image8.png Greyscale and that is synthesized by reacting PNG media_image9.png 182 398 media_image9.png Greyscale with PNG media_image10.png 186 118 media_image10.png Greyscale (p. 135), and a copolymer that has the formula PNG media_image11.png 380 238 media_image11.png Greyscale and that is used to synthesize another copolymer (p. 27), Simon Jacques, Fisher, and the prior art of record do not teach or suggest the copolymer according to Claim 1 or 2, wherein the unit 2 is a unit 3 represented by the formula (3) or a unit 4 represented by the formula (4). Regarding claims 4 and 17, Fisher et al. (US 2017/0304420 A1) renders obvious the copolymer according to Claims 1 and 2 as explained above. Fisher does not teach that the copolymer according to Claim 1 or 2 further comprises a repeating unit represented by the formula (5). Although Simon Jacques, “Polymer/DNA Bio-conjugates via Grafting-from and Grafting-to”, thesis at Flinders University, Adelaide South Australia, November 2017, cited in IDS, made of record on 10/09/2025 teaches a copolymer that has the formula PNG media_image8.png 344 508 media_image8.png Greyscale and that is synthesized by reacting PNG media_image9.png 182 398 media_image9.png Greyscale with PNG media_image10.png 186 118 media_image10.png Greyscale (p. 135), and a copolymer that has the formula PNG media_image11.png 380 238 media_image11.png Greyscale and that is used to synthesize another copolymer (p. 27), Simon Jacques, Fisher, and the prior art of record do not teach or suggest the copolymer according to Claim 1 or 2 further comprising a repeating unit represented by the formula (5). Regarding claim 7, Fisher et al. (US 2017/0304420 A1) renders obvious the copolymer according to Claim 1 as explained above. Fisher does not teach an antibody-copolymer conjugate preparation kit comprising the copolymer according to Claim 1 and a linker represented by the formula (6). Although Fisher teaches that the statistical copolymer [0119] is a copolymer of thermoresponsive monomers [0116], that the copolymer is a thermo-responsive polymer [0023], that the thermo-responsive polymer is a polymer [0007], that PRRa molecules can be linked to polymer chains of the polymer in an adjuvant [0005], that the adjuvant composition may be suitable for eliciting an immune response [0030], and that the immune response may comprise an antibody response [0030], and although Sedlak et al. (US 2020/0299780 A1) teaches a linker comprising a spacer group at either end with a reactive functional group capable of covalent attachment to a target-binding moiety [0185], wherein exemplary reaction functional groups are azidoacetic acid NHS ester [0185], Fisher, Sedlak, and the prior art of record do not teach or suggest an antibody-copolymer conjugate preparation kit comprising the copolymer according to Claim 1 and a linker represented by the formula (6). Response to Arguments Applicant’s arguments, see p. 13, filed 07/30/2026, with respect to the objection to claims 1-7 and 16-20 have been fully considered and are persuasive. The objection to claims 1-7 and 16-20 has been withdrawn. Applicant’s arguments, see p. 13-14, filed 07/30/2026, with respect to the rejection of claim 1 under 35 U.S.C. 102(a)(1) as being anticipated by Huffman et al. (JP 2012-2016634 A, cited in IDS, machine translation in English or untranslated patent used for citation as indicated, made of record on 07/13/2023) have been fully considered and are persuasive. The rejection of claim 1 under 35 U.S.C. 102(a)(1) as being anticipated by Huffman et al. (JP 2012-2016634 A, cited in IDS, machine translation in English or untranslated patent used for citation as indicated, made of record on 07/13/2023) has been withdrawn. Applicant's arguments filed 07/30/2026 have been fully considered but they are not persuasive. In response to the applicant’s argument that there is absolutely no motivation for one of ordinary skill in the art to make a modification of Fisher to modify the spacer of the copolymer described in Fisher into a branched structure, such as an isopropylamide structure as recited in the present claims (p. 14), one of ordinary skill in the art would have been motivated to modify Fisher’s PNG media_image7.png 32 84 media_image7.png Greyscale group in Fisher’s X group in Fisher’s formula for Fisher’s statistical copolymer to be -CH(CH3)CH2-, such that the -CH- group is bonded to the -CONH- group bonded to the backbone of Fisher’s statistical copolymer, and the -CH2- group is bonded to the -NHCO- bonded to the -(CH2)2- group in the side group of Fisher’s statistical copolymer because it would have been obvious to try with a reasonable expectation of success because Fisher teaches that the statistical copolymer has the formula PNG media_image1.png 892 472 media_image1.png Greyscale , wherein PNG media_image2.png 26 54 media_image2.png Greyscale PNG media_image3.png 32 86 media_image3.png Greyscale [0119], that the polymer comprises thermoresponsive macromolecules-forming monomeric units (NIPAAm and NIPMAm) and methacrylamide-based monomeric units bearing the functional groups (FGs) attached to the methacryloyl moiety through various spacers (SPs) [0116], and that the SPs include diamines (1,3-propylenediamine, etc.) [0117], which means that Fisher’s PNG media_image7.png 32 84 media_image7.png Greyscale group in Fisher’s X group in Fisher’s formula for Fisher’s statistical copolymer and a -CH(CH3)CH2-, such that the -CH- group is bonded to the -CONH- group bonded to the backbone of Fisher’s statistical copolymer, and the -CH2- group is bonded to the -NHCO- bonded to the -(CH2)2- group in the side group of Fisher’s statistical copolymer, are of sufficiently close structural similarity that the resulting statistical copolymer would possess similar properties because they are isomers, and which means that Fisher permits the X group in the formula for the statistical copolymer to be any alkylene group. Compounds which are position isomers (compounds having the same radicals in physically different positions on the same nucleus) are generally of sufficiently close structural similarity that there is a presumed expectation that such compounds possess similar properties (MPEP 2144.09(II)). Examples of rationales that may support a conclusion of obviousness include "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)). In response to the applicant’s argument that Fisher is not intended for macroscopic “concentration” of antigens, that Fisher has a clear restriction in that it explicitly desires to avoid creating coarse precipitated particles, and that the aggregation of Fisher is not intended to form macroscopic precipitation or gelation like the present invention at all (p. 14-15), it is noted that “macroscopic concentration of antigens”, “macroscopic precipitation”, or “gelation” are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In response to the applicant’s argument that one of ordinary skill in the art would not consider easily changing the space portion of Fisher’s “delicately tuned” copolymer to an isopropylamide structure like the present invention simply because the “structures are similar” as the Examiner points out, and that this is because one would easily predict that if an isopropylamide structure were introduced at the corresponding location, causing a sharp macroscopic precipitation, such an amorphous gel, there would be a high risk that Fisher’s intended purposes could no longer be achieved (p. 16), Fisher teaches that the polymer comprises thermoresponsive macromolecules-forming monomeric units (NIPAAm and NIPMAm) and methacrylamide-based monomeric units bearing the functional groups (FGs) attached to the methacryloyl moiety through various spacers (SPs) [0116], wherein the SPs include diamines (1,3-propylenediamine, etc.) [0117], which means that Fisher does not limit their spacers (SPs) to a particular species of diamine, which means that one of ordinary skill in the art would have had a reasonable expectation of making the proposed modification of Fisher such that Fisher’s intended purpose could have been achieved. Furthermore, one of ordinary skill in the art would have found it obvious to modify Fisher’s PNG media_image7.png 32 84 media_image7.png Greyscale group in Fisher’s X group in Fisher’s formula for Fisher’s statistical copolymer to be -CH(CH3)CH2-, such that the -CH- group is bonded to the -CONH- group bonded to the backbone of Fisher’s statistical copolymer, and the -CH2- group is bonded to the -NHCO- bonded to the -(CH2)2- group in the side group of Fisher’s statistical copolymer. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Fisher teaches that the statistical copolymer has the formula PNG media_image1.png 892 472 media_image1.png Greyscale , wherein PNG media_image2.png 26 54 media_image2.png Greyscale PNG media_image3.png 32 86 media_image3.png Greyscale [0119], that the polymer comprises thermoresponsive macromolecules-forming monomeric units (NIPAAm and NIPMAm) and methacrylamide-based monomeric units bearing the functional groups (FGs) attached to the methacryloyl moiety through various spacers (SPs) [0116], and that the SPs include diamines (1,3-propylenediamine, etc.) [0117], which means that Fisher’s PNG media_image7.png 32 84 media_image7.png Greyscale group in Fisher’s X group in Fisher’s formula for Fisher’s statistical copolymer and a -CH(CH3)CH2-, such that the -CH- group is bonded to the -CONH- group bonded to the backbone of Fisher’s statistical copolymer, and the -CH2- group is bonded to the -NHCO- bonded to the -(CH2)2- group in the side group of Fisher’s statistical copolymer, are of sufficiently close structural similarity that the resulting statistical copolymer would possess similar properties because they are isomers, and which means that Fisher permits the X group in the formula for the statistical copolymer to be any alkylene group. Compounds which are position isomers (compounds having the same radicals in physically different positions on the same nucleus) are generally of sufficiently close structural similarity that there is a presumed expectation that such compounds possess similar properties (MPEP 2144.09(II)). Examples of rationales that may support a conclusion of obviousness include "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)). In response to the applicant’s argument that therefore, one of ordinary skill in the art would have no motivation to modify the structure of Fisher into the present invention (p. 16), one of ordinary skill in the art would have been motivated to modify Fisher’s PNG media_image7.png 32 84 media_image7.png Greyscale group in Fisher’s X group in Fisher’s formula for Fisher’s statistical copolymer to be -CH(CH3)CH2-, such that the -CH- group is bonded to the -CONH- group bonded to the backbone of Fisher’s statistical copolymer, and the -CH2- group is bonded to the -NHCO- bonded to the -(CH2)2- group in the side group of Fisher’s statistical copolymer because it would have been obvious to try with a reasonable expectation of success because Fisher teaches that the statistical copolymer has the formula PNG media_image1.png 892 472 media_image1.png Greyscale , wherein PNG media_image2.png 26 54 media_image2.png Greyscale PNG media_image3.png 32 86 media_image3.png Greyscale [0119], that the polymer comprises thermoresponsive macromolecules-forming monomeric units (NIPAAm and NIPMAm) and methacrylamide-based monomeric units bearing the functional groups (FGs) attached to the methacryloyl moiety through various spacers (SPs) [0116], and that the SPs include diamines (1,3-propylenediamine, etc.) [0117], which means that Fisher’s PNG media_image7.png 32 84 media_image7.png Greyscale group in Fisher’s X group in Fisher’s formula for Fisher’s statistical copolymer and a -CH(CH3)CH2-, such that the -CH- group is bonded to the -CONH- group bonded to the backbone of Fisher’s statistical copolymer, and the -CH2- group is bonded to the -NHCO- bonded to the -(CH2)2- group in the side group of Fisher’s statistical copolymer, are of sufficiently close structural similarity that the resulting statistical copolymer would possess similar properties because they are isomers, and which means that Fisher permits the X group in the formula for the statistical copolymer to be any alkylene group. Compounds which are position isomers (compounds having the same radicals in physically different positions on the same nucleus) are generally of sufficiently close structural similarity that there is a presumed expectation that such compounds possess similar properties (MPEP 2144.09(II)). Examples of rationales that may support a conclusion of obviousness include "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)). Applicant’s arguments, see p. 6-18, filed 07/30/2026, with respect to the rejection of claims 1-6 and 16-20 under 35 U.S.C. 103 as being unpatentable over Simon Jacques (Simon Jacques, “Polymer/DNA Bio-conjugates via Grafting-from and Grafting-to”, thesis at Flinders University, Adelaide South Australia, November 2017, cited in IDS, made of record on 10/09/2025) have been fully considered and are persuasive. The rejection of claims 1-6 and 16-20 under 35 U.S.C. 103 as being unpatentable over Simon Jacques (Simon Jacques, “Polymer/DNA Bio-conjugates via Grafting-from and Grafting-to”, thesis at Flinders University, Adelaide South Australia, November 2017, cited in IDS, made of record on 10/09/2025) has been withdrawn. Applicant’s arguments, see p. 18-19, filed 07/30/2026, with respect to the rejection of claims 3 and 16 under 35 U.S.C. 103 as being unpatentable over Fisher et al. (US 2017/0304420 A1) as applied to claims 1 and 2, and further in view of Simon Jacques (Simon Jacques, “Polymer/DNA Bio-conjugates via Grafting-from and Grafting-to”, thesis at Flinders University, Adelaide South Australia, November 2017, cited in IDS made of record on 10/09/2025) have been fully considered and are persuasive. The rejection of claims 3 and 16 under 35 U.S.C. 103 as being unpatentable over Fisher et al. (US 2017/0304420 A1) as applied to claims 1 and 2, and further in view of Simon Jacques (Simon Jacques, “Polymer/DNA Bio-conjugates via Grafting-from and Grafting-to”, thesis at Flinders University, Adelaide South Australia, November 2017, cited in IDS made of record on 10/09/2025) has been withdrawn. Applicant’s arguments, see p. 19, filed 07/30/2026, with respect to the rejection of claim 7 under 35 U.S.C. 103 as being unpatentable over Simon Jacques (Simon Jacques, “Polymer/DNA Bio-conjugates via Grafting-from and Grafting-to”, thesis at Flinders University, Adelaide South Australia, November 2017, cited in IDS, made of record on 10/09/2025) as applied to claim 1, and further in view of Sedlak et al. (US 2020/0299780 A1) have been fully considered and are persuasive. The rejection of claim 7 under 35 U.S.C. 103 as being unpatentable over Simon Jacques (Simon Jacques, “Polymer/DNA Bio-conjugates via Grafting-from and Grafting-to”, thesis at Flinders University, Adelaide South Australia, November 2017, cited in IDS, made of record on 10/09/2025) as applied to claim 1, and further in view of Sedlak et al. (US 2020/0299780 A1) has been withdrawn. 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. Correspondence Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID KARST whose telephone number is (571)270-7732. The examiner can normally be reached Monday-Friday 8:00 AM-5:00 PM. 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, Mark Eashoo can be reached at 571-272-1197. 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. /DAVID T KARST/Primary Examiner, Art Unit 1767
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Prosecution Timeline

Jul 13, 2023
Application Filed
May 19, 2026
Non-Final Rejection mailed — §103
Jul 30, 2026
Response Filed
Oct 05, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12767769
METHODS OF MAKING MONODISPERSE POPULATIONS OF POLYARYLKETONE OR POLYARYLTHIOETHERKETONE PARTICLES
4y 2m to grant Granted Oct 20, 2026
Patent 12753283
METHOD FOR PRODUCING STABILIZED LIGNIN HAVING A HIGH SPECIFIC SURFACE AREA
3y 9m to grant Granted Oct 06, 2026
Patent 12753271
BIO-FUNCTIONALIZATION OF WATER-SOLUBLE POLY(PHENYLENE EHTYLENE)S
3y 5m to grant Granted Oct 06, 2026
Patent 12753280
PURIFICATION METHOD FOR LAUROLACTAM
3y 2m to grant Granted Oct 06, 2026
Patent 12735837
SYNCHRONOUS BELT FIBER TREATMENT AND BELT
4y 1m to grant Granted Sep 15, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
65%
Grant Probability
74%
With Interview (+9.7%)
2y 11m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1013 resolved cases by this examiner. Grant probability derived from career allowance rate.

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