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
Restriction/Election
Applicant’s election without traverse of group II, claims 11-19 in the reply filed on 05/01/26 is acknowledged.
Claims 1-10, and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/01/26.
Claim Objections
Claim 14 is objected to as being of improper form. MPEP 2173.05(s) states, “Reference to Figures or Tables. Where possible, claims are to be complete in themselves. Incorporation by reference to a specific figure or table “is permitted only in exceptional circumstances where there is no practical way to define the invention in words ...”. This condition is not met here, since it is practical to define the invention in words, simply by putting the structures into the claim. See Ex parte Fressola, 27 USPQ2d 1608, 1609.
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 11 and 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abreu et al. (US 2017/0258320).
Abreu et al. discloses a method of identifying a lipid having immune regulating properties (The ICLs create a 24 hour surveillance system identifying any insulting element, Para. [0239]; Ocular and systemic disorders may cause a change in... Inflammatory mediators, Para. [0106]; Substances of interest can include any substance present adjacent to the conjunctiva or surface of the eye which is capable of being analyzed by electromagnetic means. For example, but not by way of limitation such substances can include any substance present in plasma such as... fatty acids, Para. [0426]) comprising: (a) providing (i) a surface coated with one or more small molecules that are immune evasive; or (ii) an uncoated surface or a surface coated with one or more small molecules that are immune-evoking (the soft lens material 12A preferably comprises Hydrogel, Para. [0737]); (b) introducing said surface into a living animal (These devices can be externally placed or surgically implanted in the eye, Para. [0140]); (c) removing said surface after a period of time sufficient for lipids to interact with said surface (the partial or complete intelligent contact lens is removed from the eye for further evaluation, Para. [0210]; An ICL can be disposable and provide continuous measurement over 24 hours, Para. [0223]); and (d) identifying a lipid deposited on the surface of said coating (The fluid and/or cell with its individual substances reaches and selectively permeates the ICL surface for analysis allowing specific compounds to be acquired according to the ICL analytical system and reagents present, para. [0249]; Numerous sensing devices and techniques can be used as part of the analysis/detection system with creation of an optically detectable or encoded substance, chromatographic techniques, Para. [0263]; Measurement of substances in the plasma gives the most accurate and precise identification and concentration of said substances, Para. [0281]). Abreu et al. discloses wherein said surface is a flat surface, a curved surface, the interior or exterior of a tube, on a bead, or on a rod (the curvature and shape of the contact device is chosen to intimately and accurately fit the contact device to the surface of the eye for optimization of sensor function, Para. [0147]). Abreu et al. discloses wherein the surface comprises an organic polymer (the soft lens material 12A preferably comprises Hydrogel, Para. [0737]). Abreu et al. discloses wherein the uncoated surface comprises an organic polymer (the soft lens material 12A preferably comprises Hydrogel, Para. [0737]). Abreu et al. discloses wherein the period of time in step (c) is about 24 hours or more (An ICL can be disposable and provide continuous measurement over 24 hours, Para. [0223]). Abreu et al. discloses wherein step (d) comprises mass spectrometry, chromatography, nuclear magnetic resonance spectroscopy, or any combination thereof (Numerous sensing devices and techniques can be used as part of the analysis/detection system with creation of an optically detectable or encoded substance, chromatographic techniques, Para. [0263]). Abreu et al. discloses wherein said animal is a human or non-human mammal (the surface of the eye and the conjunctiva and surrounding tissues provides the ideal location in the human body for non-invasive analysis and other fluid and cellular diagnostics and the preferred way for evaluation of bodily functions and non-invasive blood analysis, Para. [0200]). Abreu et al. discloses wherein said surface is implanted subcutaneously, inserted into a body orifice, implanted intraperitoneally, or implanted into the brain (These devices can be externally placed or surgically implanted in the eye, Para. [0140]; The implanted ICL provides continuous measurement of analytes creating a continuous feed-back system, Para. [0218]).
Claim Rejections - 35 USC § 103
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.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Abreu et al. (US 2017/0258320) in view of Troxel et al. (WO 2013/163577A1).
Abreu et al. as discussed above teaches implant coated with fatty acid, however, the reference does not teach use of phospholipid as claimed.
Troxel discloses compositions and methods for coating implant surfaces to inhibit surgical infections, see title. Troxel teaches the material can be lipids including phosphatidylcholine, see abstract, [0019, 0023 and [0059] -[0061] wherein lipids can be infection-inhibiting, see [0022].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have utilized the known coating agents including phosphatidylcholine into the implant of Abreu et al. One of ordinary skill would have been motivated to do so because Troxel teaches the known coating agents for coating implants including anti-infective and phosphatidyl cholines and fatty acids as infection -inhibiting material, see [0022].
Claims 11-16 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Troxel et al. (WO 2013/163577A1).
Troxel discloses compositions and methods for coating implant (orthopedic) surfaces to inhibit surgical infections, see title. Troxel teaches the material can be lipids including phosphatidylcholine and fatty acids see abstract, [0019, 0023 and [0059] -[0061] wherein lipids can be infection-inhibiting, see [0022].The property of immune-evasive or immune-evoking would be implicit to fatty acid and phospholipid taught.
The art teaches implant and coating materials. This combination is not in a single embodiment. However, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results of having a coated implant with lipids including phosphatidylcholine and fatty acids, see MPEP 2143 part (I)(A).
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SNIGDHA MAEWALL whose telephone number is (571)272-6197. The examiner can normally be reached Monday thru Friday; 8:30 AM to 5PM.
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/SNIGDHA MAEWALL/Primary Examiner, Art Unit 1612
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