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
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II-III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/27/2026
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.
Claims 1-2 and 4-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Porcine Ischemic Would-Healing Modal for Preclinical Testing of Degradable Biomaterials” to Patil et al. (Cited on IDS).
As to claims 1-2 and 4, Patil discloses the following thioketal polymer (Pg. 757):
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136
420
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As to claims 5-7, Patil discloses a C2-hydroxyl alkyl termination on both ends, preferably hydroxyethyl.
As to claim 8, Patil discloses the polyketal of the above formula that does not contain a zwitteronic monomer.
As to claims 9-10, Patil discloses the polyketal of the above formula.
Claims 1-2, 4, and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Pub. No. 2017/0129986 to Boghossian et al.
As to claims 1-2, 4, and 9, Boghossian discloses the following polythiol monomer:
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68
402
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In the formula R2 is preferably -C(-R4)2- wherein R4 is methyl (0017-0018), same formula as claim 2.
In the formula R1 is represented by the following:
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60
322
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Wherein X is oxygen, R3 is hydrogen or methyl, p is an integer from 2 to 6, q is an integer from 1 to 2 and r is an integer from 2 to 10 (0027-0033), which are repeating units of ethylene glycol.
As to claim 8, Boghossian discloses the polyketal of the above formula that does not contain a zwitteronic monomer.
Allowable Subject Matter
Claims 3 and 11-15 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 prior art of record fails to teach or fairly disclose the polyketal of formula I that comprises the zwitterionic monomer of the above claims or a combination of a zwitterionic monomer and poly(ethylene glycol) (PEG).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL L LEONARD whose telephone number is (571)270-7450. The examiner can normally be reached M - F 7:00-4:00.
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/MICHAEL L LEONARD/ Primary Examiner, Art Unit 1763
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