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 .
Applicant’s election without traverse of Group II claims 5-11 in the reply filed on 04/09/2026 is acknowledged. The election/restriction requirement is deemed proper and is therefore made FINAL. An Action on the merits of claims 5-11 is contained herein.
Group I claims 1-4 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a non-elected invention, there being no allowable generic or linking claim.
Priority
This application claims foreign priority to REPUBLIC OF KOREA 10-2022-0107377 filed 08/26/2022, under 35 U.S.C. 119(a)-(d). The certified copy of the priority document has been filed in the instant application.
The parent application REPUBLIC OF KOREA 10-2022-0107377 to which priority is claimed is seen to provide adequate support under 35 U.S.C. 112 for claims 5-11 of this application.
Specification
The abstract of the disclosure is objected to because, the title, ABSTRACT, and the terms Representative Figure are enclosed within brackets. The brackets should be removed. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The brackets in all the sub-headings in the specification should also be removed.
Chemical formula 1 at page 12 is fuzzy with the subscript at the bottom of the right bracket not being clear. This also applies to chemical formula 3 at page 18.
Chemical scheme 1, and the formula for DS at page 18, 21, and 25 are fuzzy. All of the above formulas and chemical schemes should be replaced by clear ones.
Claim Objections
Claims 5, and 8-10 are objected to because of the following informalities: The formula for calculating the DS in claim 5, and all the chemical formulas in claims 8-10 are fuzzy. Appropriate correction is required.
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 5-11 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.
In claim 5 a biopolymer is the substituent on the glucose. The term biopolymer is generic. It is not clear how the formula recited in claim 5 is used to arrive at the degree of substitution, especially when the formula uses lactyl units, i.e., polylactide groups. Does applicant intend substitution of the anhydroglucose units with polylactide units? It is not clear what ‘terminal lactyl units’ mean. The XRD2 Theta values recited cannot be 22.3o±0.5o and 34.3o±0.5o for any biopolymer substituted glucose-based compound. This also applies to the H-NMR peaks recited in claim 6.
Claim 9 recites biopolymer having chemical formula 2. Chemical formula 2 is not a polymer.
Claims 7-8 and 10-11, which depend from a rejected base claim that is unclear/indefinite are also rendered unclear/indefinite and are rejected for the same reasons. All claims which depend from an indefinite claim are also indefinite. Ex parte Cordova, 10 U.S.P.Q. 2d 1949, 1952 (P.T.O. Bd. App. 1989).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 5-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by de Paula et al (European Polymer Journal, 2016, 84, 173-187; cited in IDS filed 08/07/2024).
de Paula teaches a crystalline nanocellulose substituted with poly(L-lactide) chains. The XRD 2 Theta values for this product are seen at 23o and a smaller peak at 34o. The degree of substitution (DS) is 2.4 (page 177, Scheme 1; page 180, Fig. 5; page 178, line 1 last para; the product in claim 5; limitation of claims 7-10). The proton NMR spectrum of the product shows peaks at 5.50, 5.45 and 4.23 (page 178, Fig. 2; limitation of claim 6). De Paula also teaches a composite in which the poly(L-lactide) substituted cellulose is dispersed in a PLLA matrix (page 175, para 2.2.3; limitation of claim 11).
Therefore, dePaula anticipates claims 5-11.
Conclusion
1. Elected claims 5-11 (Group II) are rejected.
2. Group I, claims 1-4 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a non-elected invention, there being no allowable generic or linking claim.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GANAPATHY KRISHNAN whose telephone number is (571)272-0654. The examiner can normally be reached M-F 8.30am-5pm.
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/GANAPATHY KRISHNAN/Primary Examiner, Art Unit 1693
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