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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1, 93-97 in the reply filed on 9/24/25 is acknowledged. The traversal is on the ground(s) that applicant believes a single search and examination covering all claims would not place undue burden on the examiner. This is not found persuasive because the examination of all claims would require different searches for each of the invention and that would place undue burden.
The requirement is still deemed proper and is therefore made FINAL.
Claims 98-111 are withdrawn from consideration as being directed to non-elected inventions.
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.
Claims 93-97 are 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.
In claim 93, the recitation of “ the fat” is vague and indefinite because it’s unclear what fat the claim is referring to. While claim 1 recites a fat emulsion, there is no recitation of any fat ingredient in the fat emulsion. ( for prior art application, it’s interpreted as fat in the emulsion.)
Claims 94 and 95 have the same problem as claim 93.
In claim 96, the limitation “ microcarriers” is vague and indefinite because it’s not clear what functional ingredient is denoted by microcarriers. It’s unclear what ingredient is qualified as microcarriers.
In claim 97, the limitation “ at least some of the microcarriers” is vague and indefinite because it’s unclear what “ at least some” indicates because claim 96 does not recite any category of microcarriers.
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, 93-97 is/are rejected under 35 U.S.C. 102 (a1) as being anticipated by Cox ( 5219599).
For claim 1, Cox discloses an artificial adipose which is considered the same as the claimed fat replica. The artificial adipose comprise fat emulsion and a hydrogel comprising crosslinked non-human blood plasma. ( see col. 4 lines 11-25, col. 5 lines 15-33, col. 6)
For claims 93-95, Cox discloses the fat emulsion comprises fat such as vegetable oil. Saturated fatty acids can also be added. Cox discloses the oil can include high oleic derivative. Oleic acid is a monounsaturated fatty acid. Thus, the fat includes unsaturated fat. ( see col. 6 lines 15-36)
For claim 96, Cox discloses the animal blood plasma contains fibrinogen and albumin which is considered as microcarrier because the claim does not have any parameter on carrier. Any ingredient in the emulsion is considered as microcarrier. ( see col. 5 lines 26-40)
For claim 97, Cox discloses the plasma containing fibrinogen which is a precursor to fibrin. Cox discloses the fibrinogen in the plasma provides additional structural advantages when coagulated or set with the alginate and provides adequate body, toughness and structured interstices for the lipid. Cox also discloses prothrombin present in the complex is sufficient to produce strong cross-linking. When coagulated, fibrinogen converts to fibrin. Thus, fibrin is inherently present in the artificial adipose. ( see col. 11 line 35 through col. 12 line 6.)
Conclusion
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October 16, 2025
/LIEN T TRAN/Primary Examiner, Art Unit 1793
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