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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-5, 7 and 12-15 in the reply filed on 1/21/26 is acknowledged.
Claim Rejections - 35 USC § 102 and 103
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.
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.
Claim(s) 1-5,7 and 12-15 are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Yao et al, “A novel glycidyl methacrylate-based monolith with sub-micron skeletons and well-defined macropores,” 770 | J. Mater. Chem., 2009, 19, 767–772.
Yao teaches GMA-EDMA monolith with Pluronic 127 bonded thereon. The formula 1 by applicant’s own admission, is commercially available as Pluronic including F127 (Spec., [0027].) See the abstract and the experimental details of the reference. While the reference does not say whether the bond is through an -OH group, it would have been inherent because the reactive group in Pluronic is -OH. The l, m and n values are as claimed in Pluronic F127. Id.
Yao teaches that the resulting monolith is highly porous (100-1000nm) and the morphology of its porosity can be tailored by varying Pluronic F127. Particle size of a molecule of weight 1,000,000 is about 100 nm (google search). Therefore, claim 5 is anticipated.
Claims 7 and 12-15: the monolith is described as a chromatography medium and is tested for it in an HPLC system. Therefore these claims are at the least made obvious if not anticipated.
Claim(s) 1-5,7 and 12-15 are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Zhang et al., “Preparation of a Novel Glycidyl Methacrylate-Based Monolith and Its Application for the Determination of m-Nisoldipine in Human Plasma,” Journal of Chromatographic Science, Vol. 48, July 2010.
Zhang teaches the chromatographic medium and use in HPLC columns as claimed from GMA, EDMA and Pluronic F68. The F68 binding to the monolith through -OH group is inherent. The molecular weight limit in claim 5 is optimizable as needed as shown in rejection 1 above. F68 would meet the l, m and n values because applicant cites this as one of the compound of formula 1.
Conclusion
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/KRISHNAN S MENON/Primary Examiner, Art Unit 1777
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