DETAILED ACTION
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 with traverse of group I, claims 1-3 in the reply filed on 7/2/2026 is acknowledged. The traverse is on the ground that claim 1 does recite a crosslinked hydrogel. The argument is not persuasive, please refer to 112(b) section below for the details. “Ferric ions cross-linking the GA-grafted AA copolymer” is interpreted as the function or property of the ferric ions. Additionally, the method of claim 4 produces a product that is different from the composition of claim 1.
Claims 4-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 with traverse in the reply filed on 7/2/2026.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. It is important that the abstract not exceed 150 words in length since the space provided for the abstract on the computer tape used by the printer is limited. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
The abstract of the disclosure is objected to because the language are replete with grammatical and idiomatic errors, and there are a few technical phrases that are ambiguous. Especially, “graft copolymerized”, “the GA is imparted as a cluster molecule”, “offers a diffusionless solvent independent non-bonding interaction” etc..
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 1-3 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 pre-AIA the applicant regards as the invention.
Claim 1 recites “an AA polymer, GA grafted on the AA to form AA-GA graft copolymer, and ferric ions crosslinking the GA-grafted AA copolymer”. It is noted that “a composition comprising an AA polymer, GA and ferric ions” is different from “a composition comprising a reaction product of an AA polymer, GA and ferric ions”. In the latter, the reagents lose their original characteristic and therefore are not present in the composition, instead the composition comprises a new compound which is a reaction product of an AA polymer, GA and ferric ions.
Claim 1 recites “an acrylic acid (AA) polymer, ……grafted on the AA to form AA-GA graft copolymer”. AA refers to monomer acrylic acid, does “grafted on the AA” mean grafted on the monomer? “AA-GA graft copolymer” is not a standard description in polymer field. A proper description is GA-grafted poly(acrylic acid) or poly(acrylic acid) grafted with GA. “GA-grafted AA copolymer” means the backbone is acrylic acid copolymer.
Claim 1 recites “the GA is imparted as a cluster molecule”, does it mean GA naturally forms molecular clusters, GA is incorporated into the hydrogel in clustered form, or GA behaves as a cluster-like macromolecule? What is “non-diffusionless bonding interaction”? Does it mean diffusion-based bonding which is a phrasing often used in metallurgy to describe a solid-state joining process that relies on atomic diffusion to create a metallurgical bond across the interface? How is this term applied in polymer science?
Claim 1 is indefinite because there is inconsistency between the claimed subject matter and the specification disclosure, which renders the scope of the claim uncertain. Claim 1 recites a composition comprising an AA polymer, GA and ferric ions. However, the specification discloses a composition comprising an AA monomer, GA, and ferric chloride hexahydrate; and a reaction product of the composition. The specification does not disclose a composition comprising a poly(acrylic acid).
For purposes of expediting prosecution, claim 1 is interpreted as “a composition comprising an acrylic acid monomer which will form a polyacrylic acid, gum Arabic which will graft on the polyacrylic acid to form a GA-grafted poly(acrylic acid), and a ferric compound which will crosslink the GA-grafted poly(acrylic acid).”
An additional note from the examiner: if applicants intend to claim a crosslinked product, a product-by-process claim may be considered.
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khan et al (Synthesis of an un-modified gum Arabic and acrylic acid based physically cross-linked hydrogels with high mechanical, self-sustainable and self-healable performance, Materials Science & Engineering C 116 (2020) 111278).
Khan teaches a composition comprising AA monomer, GA and ferric chloride hexahydrate (section 2.2). A hydrogel is formed by polymerizing the composition in the presence of a free radical generator. “To be preserved” is the use of the composition. The claimed application can be applied to the composition of Khan.
Because Khan teaches the claimed composition, it is therefore inherent that the composition exhibit claimed property since such a property is evidently dependent upon the nature of the composition used, see MPEP 2112.01. Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WENWEN CAI whose telephone number is (571)270-3590. The examiner can normally be reached on M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on (571)272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WENWEN CAI/
Primary Examiner, Art Unit 1763
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