DETAILED ACTION
Claim Objections
Claim 14 objected to because of the following informalities: "adsorbed by hydrogel" should be "adsorbed to a hydrogel" or "adsorbed by a hydrogel". Appropriate correction is required.
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 2, 12, and 14 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.
As to claim 2, the claim recites the magnetic nanoparticles comprise at least one metal element selected from the group consisting of Fe, Ni, Pt, Au, Cr, Co, Gd, Dy, and Mn. However, Au (gold), Pt (platinum), Cr (chromium), and Mn (Manganese) are not considered to be magnetic. Thus it is unclear how a single metal element, which is within the recited scope of the claims, selecting one of the four metals above, could be considered magnetic nanoparticles.
As to claim 12, the claim recites that the external stimulus is an alternating magnetic field (AMF) or near infrared (NIR). While the examiner notes that claim 12 is not dependent on claim 11, the only disclosed use for the external stimulus is to heat the magnetic nanoparticles and melt the fatty acid shell. However, near infrared has a penetration depth of roughly 5-10 mm, which is insufficient to reach the microstructure that must inherently be inside the subject (as claim 10 recites the discharge of the microstructure to an outside of the subject following the external stimulus). Further clarification is required and this claim may be subject to an enablement rejection if the external stimulus of near infrared is indeed correctly being recited.
As to claim 14, the claim is currently dependent on claim 10, but should be dependent on claim 13 to provide antecedent basis for “the radical polymerization reaction”.
Allowable Subject Matter
Claims 1, 3-11, 13, and 15 are allowed.
As to claim 1, the prior art of record fails to teach and/or fairly suggest, in combination with all other recited limitations, a microstructure comprising a core comprising magnetic nanoparticles and a shell surrounding the core comprising fatty acid. Waimin et al. ("Smart capsule for non-invasive sampling and studying of the gastrointestinal microbiome") teaches a device for sampling microbes within the gut using a hydrogel matrix (Abstract). Srivastava (US 2023/0181172) teaches an ingestible device for sampling of the gastrointestinal tract (Abstract) in which the hydrogel, by ways of a radical initiator and pre-polymer, is formed in situ ([0004]). Schreiber et al. (EP 2508171) teaches a chemical composition comprising a magnetic particle core comprising magnetic nano-particles ([0009]), the magnetic nano-particles being used to target specific locations within the body using an external magnetic field ([0010]), and a coating comprising a fatty acid ([0009]).
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CHRISTIAN JANG
Primary Examiner
Art Unit 3791
/CHRISTIAN JANG/Primary Examiner, Art Unit 3791 4/8/26