DETAILED ACTION
Claims 1-18 are currently pending. Claims 7-8, 10, 12-13, 17-18 are currently under examination.
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
Applicant’s election without traverse of Group II in the reply filed on 12/01/2025 is acknowledged.
Claims 1-6 and 14-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 12/01/2025.
Applicant’s election of histamine, polysuccinimide, a chemical formula 1 species in which z is TiO2, X is C3, Y is disclosed in formula m and n are 750 and sequence is random, and a polyamino acid polymer species comprising compound A and compound B in a random sequence with t and R equal to 750 in the reply filed on 12/01/2025 and
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on 05/01/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 9, 11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/01/2025 and 05/01/2026.
Priority
The instant application claims priority to KR10-2023-0000436, filed 01/02/2023.
Information Disclosure Statement
Applicant’s Informational Disclosure Statement, filed on 01/02/2024 and 11/21/2025 has been considered. Please refer to Applicant's copy of the 1449 submitted herein.
Specification
The specification amendment submitted on 05/01/2026 are entered. Support for the amended structures in the specification are found in original drawing 12a.
Drawings
The drawing amendments submitted on 05/01/2026 are entered. Support for the amended structures in the specification are found in original drawing 12a.
Claim Rejections - 35 USC § 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.
Claims 10 and 12 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.
Claim 10 contains the limitation of
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wherein it is unclear if the HN- is directed to a terminal methyl group or is intended to demonstrate an attachment point for the Y2 group required by instant claim 7. The linking to the end HN- group is unclear and there for the metes and bounds of the instant claim are unclear. For examination purposes the attachment point will be interpreted as attached to Y2.
Claims 12 contains the limitation of
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wherein it is unclear if the – group is a methyl group or an attachment point to Y1 as required by instant claim 7, as such the metes and bounds of instant claim 12 are unclear. For examination purposes the attachment point will be interpreted as attached to Y1.
Claim Rejections - 35 USC § 112 (d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 10 and 12 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
The structure of claim 10 does not require Y2 to be present, wherein instant claim 7, from which it depends, requires a Y2 selected from Compound A or Compound B.
The structure of claim 12 does not require Y1 to be present, wherein instant claim 7, from which it depends, requires a Y2 selected from Compound A or Compound B
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7-8, 10, 12-13 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2015/046968 in view of KR101783135 and KR 101827247.
Regarding claims 7-8, 10, 12-13 and 17-18, the limitation of a titanium dioxide composite particle represented by Chemical Formula I below: Z-[O3Si)-X-Y, wherein Z is titanium dioxide particle, X is a C1-C6 linker is met by the ‘968 publication teaching organic/inorganic hybrid TiO2 complex, cosmetic composition (title). Organic/inorganic hybrid titanium dioxide composite in which one or more surface modified titanium dioxide particles and one or more active sites capable of reacting with functional groups of the surface modified titanium dioxide particles are chemically bonded [1]. Novel sunscreen agent which has a small particle size while maintaining an excellent UV blocking effect of an ultraviolet blocking agent is taught [15]. The titanium dioxide microparticle are surface modified so that a functional group for binding to an organic material is introduced. The functional group include aminopropyl trimethoxysilane [25]. The titanium dioxide microparticles surface-modified by the silane coupling agents may include one or more functional groups consisting of one or more amine groups, amino groups on the surface [26]. Any functional group capable of binding to organic materials may be introduced into the surface of titanium dioxide particles [27].
The ‘968 publication does not specifically teach Y1 polysuccinimide and Y2 is imidazole-1-propaneamine.
The ‘135 publication teaches polymers repeating units of a novel structure [0001]. The use for soft tissue medical adhesives that can minimize surgery time replacing common surgical procedures is taught [003]. The repeating structure of formula I is taught [007].
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R2 is taught to be an alkylene group having 2-6 carbon atoms, wherein M and N are each 10-10,000 [0010]. The polymer is taught as crosslinked by metal ions [0016].
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A method of preparing an adhesive hydrogel is taught by reacting polysuccinimide by adding aminoacyl imidazole based compound to form a polymer solution and crosslinking [0021], wherein the solution would result in ransom sequence. The composition can be used in various biomedical applications such as smart drug delivery systems and tissue adhesives [0024]. Imidazole are taught to bonded to metal ions [0085].
The ‘247 publication teaches nanoparticles in the form of a spike capable of simultaneously absorbing ultraviolet light and scattering. Ultraviolet rays have wavelength in the range of 10 nm to 400 nm, which are shorter than visible rays. Sunscreen related cosmetics have become more popular as sun damage due to ultraviolet rays have increased. The nanoparticles are used in cosmetics for ultraviolet shielding, the particles are aggregated and become cloudy which is a serious complain of consumers (Page 1). TiO2 is taught to be coated with a hydrophobic coating agent (page 5). Synthesis is taught to include polysuccinimide (page 5).
It would have been prima facie obvious to one of ordinary skill in the art before the filing date of the claimed invention to use polysuccinimide by adding aminoacyl imidazole based compound to form a polymer solution as taught by the ‘135 publication on the titanium dioxide particles taught by the ‘968 publication because the ‘968 publication teaches titanium dioxide particles modified with aminosilane groups and organic material which includes succinic acid and the ‘135 publication teaches a polymer of polysuccinimide and aminoacyl imidazole. One of ordinary skill in the art before the filing date of the claimed invention would have a reasonable expectation of success as the ‘247 publication teaches nanoparticles which are functionalized with polysuccinimide for shielding UV. One of ordinary skill in the art would be motivated to use the specific polymeric material taught by the ‘135 publication on the titanium dioxide particles of the ‘968 publication because the ‘135 publication teaches the use in biomedical application and provide adherence to tissue and the ‘968 publication teaches cosmetic compositions to be applied to the skin and the desire for adhesiveness [126], thus motivated one of ordinary skill for using polymers known for skin adhesiveness.
Conclusion
No claims are allowed.
Examiner Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNDSEY MARIE BECKHARDT whose telephone number is (571)270-7676. The examiner can normally be reached Monday-Thursday 9am to 4pm and Friday 9am to 2pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian-Yong Kwon can be reached at 571-272-0581. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LYNDSEY M BECKHARDT/ Examiner, Art Unit 1613
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