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 I claims 1-3, 5, 7-8, 11-12, 16-17, 19-20, 24-26, 29-30 and 58 in the reply filed on 04/16/2026 is acknowledged.
Claims 36 and 55 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected claims, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/09/2026.
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.
Claim(s) 1-3, 5, 7-8, 11-12, 16-17, 19-20, 24-26, 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Vitalino et al. (US 2022/0047520).
Regarding claim 1, 11, 16-17, 19 Vitalino discloses composition comprising: 1) a complex consisting of a human clathrin triskelion and 2) a therapeutic and/or diagnostic agent, wherein the human clathrin triskelion consists of (i) 3 isolated clathrin heavy chain (CHC) proteins and (ii) 3 isolated clathrin light chain (CLC) proteins, wherein the human clathrin triskelion is linked to the therapeutic and/or diagnostic agent (claim 21). The therapeutic and/or diagnostic agent comprises manganese, iron, quantum dots, photonic dots (claim 36). In some configurations, one or more elements comprise a cargo element, while in other configurations they comprise multiple elements, of one or more types. In some configurations, one or more or each of the elements and or cargo elements is a metal, and or may include one or more metals. Alternatively, each of the elements and or cargo elements is or includes non-metal elements. In other embodiments, elements and or cargo elements are exclusively non-metal elements that may include gases, as well as other elements like biological elements, drugs, optics, polymers (supporting material) (para 0087), where iron corresponds to magnetic structure which would intrinsically controllable to make the particle move.
As Vitalino discloses particle comprising a supporting material, magnetic structure and photonic structure as presently claimed, it would intrinsically meet the supported limitation of photonic and magnetic structure being supported by supporting material.
Regarding claims 2-3, 5, 7-8, 12 with respect to the “configure limitation”, Any difference imparted by product by process limitations would have been obvious to one having ordinary skill in the art at the time of the invention was made because where the examiner has found a substantially similar product as in the applied prior art the burden of proof is shifted to the applicant to establish that their product is patentably distinct not the examiner to show the same process of making, see In re Brown, 173 USPQ 685, In re Fessmann, 180 USPQ 324, In re Spada, 15 USPQ2d 1655, In re Fitzgerald, 205 USPQ 594 and MPEP 2113.
Regarding claim 20, with respect to the limitation of the particle having a disc shape with a diameter of 1-100 microns, Change in size and shape is not patently distinct over the prior art absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04[R-1].
Regarding claim 24, As Vitalino discloses composition comprising: 1) a complex consisting of a human clathrin triskelion and 2) a therapeutic and/or diagnostic agent, wherein the human clathrin triskelion consists of (i) 3 isolated clathrin heavy chain (CHC) proteins and (ii) 3 isolated clathrin light chain (CLC) proteins, wherein the human clathrin triskelion is linked to the therapeutic and/or diagnostic agent (claim 21). The therapeutic and/or diagnostic agent comprises manganese, iron, quantum dots, photonic dots (claim 36). In some configurations, one or more elements comprise a cargo element, while in other configurations they comprise multiple elements, of one or more types. In some configurations, one or more or each of the elements and or cargo elements is a metal, and or may include one or more metals. Alternatively, each of the elements and or cargo elements is or includes non-metal elements. In other embodiments, elements and or cargo elements are exclusively non-metal elements that may include gases, as well as other elements like biological elements, drugs, optics, polymers (supporting material) (para 0087), therefore it would be obvious that photonic structure would form on the top surface of the supporting material and the magnetic structure is embedded in the supporting material.
Regarding claims 25-26, 29 Change in size and shape is not patently distinct over the prior art absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04[R-1].
Regarding claim 30, Vitalino discloses In addition to the Tor moiety, one or more other functions may be introduced into elements for in vivo use, which can be named as “protector functions” that serve as lipophilicity modifiers or protectors of certain functional groups in therapeutic agent molecules. In other illustrative embodiments, one or more other types of targeting delivery systems and methods n be used, for example, but not limited to, in whole or in part in one or more configurations: surfactants (surface-active substances) and or cosurfactants; enzymatic physical-chemical-based targeting; site-specific enzyme-activated targeting; vectors, such as ligand-based, non-viral-based, and Protein/DNA polyplex vector targeting; receptor-based chemical targeting; organic and or inorganic synthetic elements (para 0380-381).
Claim(s) 58 is rejected under 35 U.S.C. 103 as being unpatentable over Vitalino et al. (US 2022/0047520) as applied to claim 1, further in view of Aslund et al. (US 2016/0313317).
Regarding claim 58, Vitalino fails to disclose that the photonic structure comprises at least one of a dielectric material or a non-magnetic magnetic material.
Whereas, Aslund discloses assay plate may be composed of nanostructures capable of binding the biomolecule. Reporter species may be associated with the nanostructure-bound biomolecules. The assay plate may be illuminated with radiation capable of inducing plasmonic fields near the nanostructures (abstract). The photonic material is dielectric material (para 0054).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to form photonic dots of Vitalino comprising dielectric material as taught by Aslund motivated by the desire to have dielectric properties.
Conclusion
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/RONAK C PATEL/Primary Examiner, Art Unit 1788
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