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 .
DETAILED ACTION
The Amendments to the claims filed on August 04, 2026 in response to the Office Action of May 21, 2026 is acknowledged and has been entered. Claims 1, 4-7, 12-14 and 17-20 are amended. Claims 1-7 and 12-20 are pending and under examination in this Office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 04, 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The rejections to claims 1-20 under 35 U.S.C. 112(b) are now withdrawn in view of the claim amendment or claim cancellation, except for the issues addressed in the claim objection to claims 1, 14 and 20.
The rejections to claims 6-7, 9-10 and 19 under 35 U.S.C. 112(d) are now withdrawn in view of the claim amendment or claim cancellation.
Specification
The disclosure is objected to because of the following informalities:
In [0041] (PG Pub US 2024/0180960 A1), the term “D/G ratio” should be defined with the term to be spelt out in full.
Appropriate correction is required.
Claim Objections
Claims 1, 6, 13 ,14, 19 and 20 are objected to because of minor informalities.
Regarding claims 1, 14 and 20, please see below Examiner’s notes and proposed claim amendment to overcome the objection.
Regarding claims 6, 13 and 19, the term “D/G ratio” should be fully spelt out. Appropriate correction is required.
Examiner’s Notes and Examiner proposed claim amendment
Multiple attempts have been made to contact Applicant’s representative, Mr. Brett Hamilton (Reg. No. 66,575). E-mail communication was sent on August 14, 2026 but has resulted in no response as of August 26, 2026. Multiple telephone calls were made on August 26, 2026 to the phone number on file (512-900-8500), yet the phone calls could not be made through and Examiner was not able to leave a voice mail.
Since attempts to communicate with Applicant’s representative was not successful, Examiner herein issues a final Office action with claim objections. Proposed amendment to claims 1, 14 and 20 are provided below, which, upon being entered, would be sufficient to overcome the objections to these claims.
Proposed amendments to the claims:
Claim 1. An adipose cell destruction method comprising:
preparing an adipose cell destruction component comprising a carbon-based nanomaterial composition and an adipose cell targeting composition attached to the carbon-based nanomaterial composition;
delivering the adipose cell destruction component to a treatment location where the adipose cell targeting composition bonds to adipose cells; and
applying a radio frequency to the adipose cell destruction component at the treatment location,
wherein the radio frequency is configured to heat the adipose cell destruction component and destroy the adipose cells bonded to the adipose cell targeting composition at the treatment location,
wherein the carbon-based nanomaterial composition comprises:
a carbon content of at least 90% and not greater than about 99% based on elemental analysis of the carbon-based nanomaterial composition,
an oxygen content of at least [[about ]]0 % and not greater than 2.0% based on the elemental analysis of the carbon-based nanomaterial composition, and
a nitrogen content of at least [[about ]]0% and not greater than 2.0% based on the elemental analysis of the carbon-based nanomaterial composition.
Claim 14. An adipose cell destruction component comprising:
a carbon-based nanomaterial composition and an adipose cell targeting composition attached to the carbon-based nanomaterial composition;
wherein the adipose cell destruction component is configured to be delivered to a treatment location where the adipose cell targeting composition bonds to adipose cells and heated using a radio frequency at the treatment location,
wherein heating the adipose cell destruction component destroys the adipose cells bonded to the adipose cell targeting composition at the treatment location,
wherein the carbon-based nanomaterial composition comprises:
a carbon content of at least 90% and not greater than 99% based on the elemental analysis of the carbon-based nanomaterial composition,
an oxygen content of not greater than 2.0% based on elemental analysis of the carbon-based nanomaterial composition, and
a nitrogen content of not greater than 2.0% based on the elemental analysis of the carbon-based nanomaterial composition.
Claim 20. A method of forming an adipose cell destruction component, wherein the method comprises:
providing a carbon-based nanomaterial composition, and
attaching an adipose cell targeting composition to the carbon-based nanomaterial composition to form the adipose cell destruction component,
wherein the adipose cell destruction component is configured to be delivered to a treatment location where the adipose cell targeting composition bonds to adipose cells and heated using a radio frequency at the treatment location,
wherein heating the adipose cell destruction component destroys the adipose cells bonded the adipose cell targeting composition,
wherein the carbon-based nanomaterial composition comprises:
a carbon content of at least 90% and not greater than 99% based on elemental analysis of the carbon-based nanomaterial composition,
an oxygen content of at least [[about ]]0% and not greater than 2.0% based on the elemental analysis of the carbon-based nanomaterial composition, and
a nitrogen content of at least [[about ]]0% and not greater than 2.0% based on the elemental analysis of the carbon-based nanomaterial composition.
Response to Arguments
Claims 1, 14 and 20 would be allowable if they are amended as proposed above to overcome the claim objections.
Claims 6, 13 and 19 would be allowable if they are amended to clarify the meaning of the term “D/G ratio”. The same amendment should also be made to the specification [0041] when this term is disclosed for the first time in the specification.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YI-SHAN YANG whose telephone number is (408) 918-7628. The examiner can normally be reached Monday-Friday 8am-4pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal M Bui-Pho can be reached at 571-272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YI-SHAN YANG/Primary Examiner, Art Unit 3798
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