DETAILED ACTION
Previous Rejections
Applicants' arguments, filed 06 February 2026, have been fully considered. The obviousness rejection is withdrawn both in view of the amendment to the claims and in view of the remarks presented. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Rejoinder
Claims 1-3, 5, 7, 10-11, 13, 20, 23, 25, 27-28, and 73 are directed to an allowable product. Pursuant to the procedures set forth in MPEP § 821.04(b), claims 9, 14-15, and 17, directed to the process of making or using the allowable product, previously withdrawn from consideration as a result of a restriction requirement, are hereby rejoined and fully examined for patentability under 37 CFR 1.104. Claims 29 and 30, directed to the invention(s) of Group II do not require all the limitations of an allowable product claim, and have NOT been rejoined.
Claim Rejections - 35 USC § 112 – Indefiniteness
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.
Claim 9 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 9 recites the limitation "assisting molecule." There is insufficient antecedent basis for this limitation in the claim. The assisting molecule was deleted in the most recent claim amendment from claim 1, and instead a “terpene” is required (though it is noted that none of the assisting molecules recited are terpenes). The claim would be definite if claim 9 recited that the mixture further comprises an assisting molecule selected from the group of options presented in claim 9.
Claims 14, 15, and 17 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim14 (from which claims 15 and 17 depend) recite that the cargo is a nucleic acid. First, the limitation in claim 1 (from which claim 14 depends) recites a "hydrophobic cargo molecule." There is insufficient antecedent basis for this limitation in the claim, as it is unclear whether claim 14 is further limiting the hydrophobic cargo molecule of claim 1. Further, the cargos recited by the rejected claims are no necessarily hydrophobic. The claims would be definite if claim 14 recited that the mixture further comprises a nucleic acid.
Allowable Subject Matter
Claims 1-3, 5, 7, 10-11, 13, 20, 23, 25, 27-28, and 73 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is considered previously cited de Sousa Martins (US Patent Application Publication 2017/0231920), which discloses methods for producing liposome vesicles for use as carriers of lipophilic molecules (abstract). The methods involves mixing phospholipids, a cationic excipient, and the lipophilic molecule in a solvent, drying the mixture, and then hydrating to form the liposome (abstract & figure 1). The resultant liposomes from the method are unilamellar (id.). The lipophilic molecule can be lutein (abstract), which is the elected species of cargo molecule. The resultant liposomes are useful for treating age-related macular degeneration (paragraph [43]). De Sousa Martins des not further suggest the inclusion of terpene such as the elected species of limonene. Further, it is unexpected that including such an ingredient would assist the loading of the liposomes, and this unexpected effect supports allowability.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/Brian Gulledge/Primary Examiner, Art Unit 1699