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 .
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 and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 2 recites the limitation "the BA.1 SARS-CoV-2". There is insufficient antecedent basis for this limitation in the claim. Claim 1 introduces a SARS-CoV-2 and not BA.1 SARS-CoV-2.
Claim 12 recites the limitation "the emulsion or solution". There is insufficient antecedent basis for this limitation in the claim. Claim 9 does not introduces either an emulsion or solution.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 8-13 and 15-20 are rejected under 35 U.S.C. 103 as being obvious over Monteiro WO 2021/050355 A1 (present on IDS).
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding claims 9, 13 and 15-16, Monteiro teaches (Fig. 17C) a compound with the structure as depicted below, utilized to create a nanoworm which is sprayed on a surface (para [00251]).
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The structure as shown above reads on the claimed requirements, with 55 units of N-isopropylacrylamide, ester moiety with R1 as C2 alkyl and R2, R3 as C1 alkyl, with 30 units of N,N-(dimethylamino)ethyl methacrylate which have an unsubstituted nitrogen, with 5 units of N,N-(dimethylamino)ethyl methacrylate which are substituted with an octane moiety and with 13 units of N,N-(dimethylamino)ethyl methacrylate which are substituted with a moiety consisting of guanidine (sphere as shown above).
The structure as presented above does not show the presence of a trithioester moiety. Monteiro adds that modifications and variations will be apparent to those of ordinary skill in the art (para [00257]) and further notes that the copolymer can have trithioester (or RAFT) end group (para [00174]), and teaches a copolymer with N-isopropylacrylamide (NIPAM) and N,N-(dimethylamino)ethyl methacrylate (DMAEMA) with the trithioester end group (para [00152]), as highlighted below.
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It would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to have substituted the triazole end group of the copolymer as presented in Fig 17C with the butyl trithioester end group (circled above) as taught by Monteiro for the same application of creating a copolymer, to generate nanoworms for coating. The resulting compound would satisfy the claimed requirements of NIPAM, DMAEMA monomers as well as the trithioester and ester moieties.
Regarding claims 10 and 20, Monteiro teaches (para [00099]) nanoworm coating to provide anti-microbial properties to a surface of a personal protective equipment such as face mask.
Regarding claim 11, Monteiro teaches (para [00099]) nanoworm coating to provide anti-microbial properties to a surface of an aircraft such as a tray table.
Regarding claim 12, Monteiro teaches (para [00187]) nanoworm aqueous solution of concentration 5mg/ml, which is 0.5 wt%.
Regarding claim 18, Monteiro teaches (Fig. 17D and para [00236]) copolymer structure where N,N-(dimethylamino)ethyl methacrylate are substituted with a moiety consisting of polygalactose.
Regarding claim 19, Monteiro teaches (Fig. 17B and 17C and paras [00230] - [00232]) conjugation of guanidine azide to quaterinized gafted alkyne PDMAEMA, which is identical to the procedure utilized by the instant specification (Fig. 1D), thus formation of a divalent 5-H triazole would be assured.
Regarding claims 1, 6, 8 and 17, as discussed when addressing claims 9 and 15, Monteiro renders the required compound with NIPAM, DMAEMA monomers and trithioester and ester moieties, obvious. However, the copolymer of claims 9 and 15 do not have a styrene monomer. Monteiro adds that modifications and variations will be apparent to those of ordinary skill in the art (para [00257]). Monteiro discusses creation of nanoworms comprising copolymer of NIPAM and PDMAEMA (referred to as Macro CTA) and styrene units (para [0043] and paras [0056]-[0057]).
Monteiro further teaches (para [00156] and para [00184]) RAFT emulsion polymerization of styrene in the presence of Macro (NIPAM-co-DMAEMA) copolymer to produce nanoworms, which are deposited onto a surface (para [00187]), with a SARS-CoV-2 virus (para [00256]). Based on the teaching of Monteiro it would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to polymerize styrene in an emulsion in the presence of the copolymer consisting of NIPAM, DMAEMA monomers with trithioester and ester end groups, which would result in the compound with all the required monomers and moieties.
Regarding claim 2, the variants of SARS-CoV-2 virus as required would be obvious to one of ordinary skill in the art in order to test for broad antiviral activity on the nanoworm coated surfaces.
Regarding claims 3-4, Monteiro teaches (para [0099]) the surface can be a wearable such as a surgical gown or interior surface of an aircraft such as a tray table, thus making the claimed requirement obvious.
Regarding claim 5, Monteiro teaches (para [00187]) nanoworm aqueous solution of concentration 5mg/ml, which is 0.5 wt%, thus making the claimed requirement obvious.
Claim(s) 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Monteiro as applied to claims 1-6, 8-13 and 15-20 above, and further in view of Monteiro et al. US 2018/0362462 A1 (referred to as Monteiro 462), present on IDS.
Regarding claims 7 and 14, Monteiro teaches the creation of nanoworms but is silent on a nanorod. Analogous reference Monteiro 462 teaches (reference claim 19) creation of nanoworms and nanorods from similar copolymers as the primary reference Monteiro. The nanorods are obtained by ultrasound cutting of nanoworms (Monteiro 462 para [0075]), which advantageously are more efficiently taken up by cells (para [0067]).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to have generated nanorods from the nanoworms of Monteiro as taught by Monteiro 462 for the same application of creating structures which are efficiently taken up by cells.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Surbhi M Du whose telephone number is (571)272-9960. The examiner can normally be reached M-F 9:00 am to 5:00pm.
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/S.M.D./
Examiner
Art Unit 1765
/JOHN M COONEY/Primary Examiner, Art Unit 1765
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