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-failure to further limit
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.
Claim 2-3 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. Claim 2 depends from the nanoparticle of claim 1 and states that the nanoparticle is cationic. However, the nanoparticle of claim 1 is neutral and not cationic. Accordingly, claim 2 does not further limit the nanoparticle of claim 1 which is neutral. To make the particle cationic would exclude the neutral compound in the formula of claim 1. 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 3 recites the multifunctional copolymeric nanoparticle of claim 1, wherein the multifunctional copolymeric nanoparticle has a functional group, the functional group comprising an ammonium group, an amide group, and a disulfide group. However, the copolymeric nanoparticle of claim 1 already has groups present not specified as a “functional group”. To add additional functional groups such as ammonium would require the formula in claim 1 to be different. Alternatively, the claim may just be describing the groups already present (e.g. disulfide) in which case formula 1 is already defined by claim 1. Accordingly, the claim does not further limit the structure specified in claim 1.
Claim Rejections - 35 USC § 112-indefinite
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 6 and 13 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 6 recites The multifunctional copolymeric nanoparticle of claim 5, wherein the multifunctional copolymeric nanoparticle has the antibacterial activity against gram-positive bacteria and gram-negative bacteria, the gram-positive bacteria comprising Staphylococcus aureus, Enterococcus, and the gram-negative bacteria comprising Pseudomonas aeruginosa and Escherichia coli. Here, it is unclear if the nanoparticle has activity against both gram positive bacteria of Staphylococcus aureus and Enterococcus, or if the Staphylococcus aureus is in alternative to Enterococcus.
It is suggested that Applicants can amend the claim to recite: The multifunctional copolymeric nanoparticle of claim 5, wherein the multifunctional copolymeric nanoparticle has the antibacterial activity against gram-positive bacteria and gram-negative bacteria, the gram-positive bacteria comprises Staphylococcus aureus and Enterococcus, and the gram-negative bacteria comprises Pseudomonas aeruginosa and Escherichia coli.
Claim 13 does not end in a period, so it is unclear whether the claim is finished and thus the claim is incomplete. According to MPEP 608.01(m), each claim begins with a capital letter and ends with a period. Consequently, one of ordinary skill in the art cannot readily ascertain the metes and bounds of claim 13.
Applicants can overcome this rejection by placing a period at the end of claim 13.
Claim Objections
Claims 1, 4-5, 7-12 and 14-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Statement regarding reference of interest
Ebadati et al. (Mechanism and antibacterial synergies of poly (DABCO-BBAC) nanoparticles against multi-drug resistant Pseudomonas aeruginosa isolates from human burns) teaches DABCO-BBAC nanoparticles, however the reference does not constitute prior art. There is no prior art that teaches DABCO-BBAC nanoparticles claimed, and thus the instant claims are considered free of the prior art.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH ALAWADI whose telephone number is (571)270-7678. The examiner can normally be reached Monday-Friday 10:00am-6:30pm EST.
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/SARAH ALAWADI/Primary Examiner, Art Unit 1619