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 .
Detailed Action
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 17 June 2024 and 6 June 2025 are acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner. See attached copy of PTO-1449.
Response to Restriction
2. Applicants’ election with traverse of Group I (claims 1-13) and species of thiosuccinimide in the reply filed on 26 May 2026 is acknowledged. The traversal is on the ground(s) that Van Dyke does not show proteins that are actually crosslinked with a linking group of thiosuccinimide. This is not found persuasive because Van Dyke teaches the same type of crosslinkers (i.e., mPEG maleimide or mPEG succinimidyl butanoate) with the same type of keratin proteins and thus should form thiosuccinimide linking groups.
The requirement is still deemed proper and is therefore made FINAL.
Status of Application
3. The instant application is a national stage entry of PCT/US2022/074308 filed 29 July 2022. Claims 1-20 are currently pending. Claims 9 and 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 26 May 2026. Claims 1-8 and 10-12 are examined on the merits within.
Claim Rejections – 35 U.S.C. 112(b)
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.
Claim 1 is 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.
Claim 1 recites “thiosuccinimide, thioether sulfone, and mixtures and combinations thereof.” It is unclear what is meant by “mixtures and combinations thereof”. Would a mixture of thiosuccinimide and thioether sulfone be the same as a combination of thiosuccinimide and thioether sulfone. Clarification is requested.
Claim Rejections – 35 U.S.C. 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) 1-8 and 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Dyke (WO03/086491).
Regarding instant claims 1-8 and 12, Van Dyke discloses a proteinaceous salve comprising proteinaceous molecules networked by interprotein associations comprising covalent bonds comprising primarily disulfide bonds. See claim 1. The proteinaceous molecules are keratin molecules. See claim 3. Crosslinking agents include mPEG maleimide; multi-arm PEG; NHS-PEG- maleimide; NHS-PEG-vinylsulfone; mPEG2-N-hydroxysuccinimide; PEG-biotins, PEG-phospholipid; mPEG propionaldehyde; mPEG succinimidyl butanoate, and mPEG succinimidyl propionate. See page 38. The instant specification states polyethylene glycol is a biopolymer. See paragraph [0003]. The proteinaceous salve comprises a hydrogel comprising water retained in the proteinaceous network comprising keratins comprising covalent interkeratin associations. See claim 11.
Regarding instant claim 10, the proteinaceous material is derived from human hair. See claim 12.
Regarding instant claim 11, keratin may be processed using techniques such as oxidation or reductive techniques. See page 30. The instant specification states that if reductive treatment is used, the resultant material is referred to as kerateins. See paragraph [0033].
Thus the instant claims are anticipated by Van Dyke.
Conclusion
9. No claims are allowed at this time.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WORSHAM whose telephone number is (571)270-7434. The examiner can normally be reached Monday-Friday (8-5).
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/JESSICA WORSHAM/Primary Examiner, Art Unit 1615
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