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 § 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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hatano (US 2019/276735 A1). Rosenblatt (Rosenblatt et al., "Poly(vinyl alcohol) as Emulsifier Stabilizes Solid Triglyceride Drug Carrier Nanoparticles in the alpha-Modification", Molecular Pharmaceutics, Vol. 6, No. 1, 105-120, 2008; attached) is cited as an evidentiary reference. Gomi (JP 2000241090 A, attached with translation) is also cited as an evidentiary reference.
Regarding claims 1-4 and 6-8, Hatano teaches a composition of, and method of making, polystyrene particles containing an AIE-active marker that may be crosslinked using divinylbenzene (p. 1, [0016]; p. 3, [0041]-[0042]). The particles are prepared by dissolving AIE-active marker (a silole-containing compound), styrene, and divinyl benzene, then mixing with polyvinyl alcohol aqueous solution to form an emulsion before polymerization at elevated temperature and combination with water at 80*C (subcritical water) (p. 5, [0064]-[0065]). Polyvinyl alcohol known in the art as an emulsifier for biocompatible nanoparticles (Rosenblatt, Abstract). The particles may contain 67.6 wt% styrene and 32.3 wt% divinylbenzene with respect to the total weight of the monomers (p. 5, [0064]). Hatano permits, but does not require, additional methacrylic acid ester monomer, which is a monomer having a carboxy functional group (0 wt% methacrylic acid ester). The AIE-active marker may be added in an amount of 7 wt% relative to the total weight of the monomers (p. 5, [0064]). Hatano teaches that the particles may have a diameter in the range of 1 nanometer to 500 microns, and preferably 10-500 nm (p. 3, [0040]). Hatano's particles are suitable for use in labeling cancer cells (e.g., by binding to the cancer cell) (p. 2, [0020]). These prior art ranges overlap all claimed ranges with sufficient specificity to anticipate the claimed ranges. See MPEP 2131.
Regarding claim 5, Hatano remains as applied to claim 1 above. Hatano does not specify that polyvinylalcohol is a nonionic emulsifier having a cloud point. However, Gomi clarifies that polyvinyl alcohol is a nonionic surfactant that may be heated to its cloud point (p. 10).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH K AMATO whose telephone number is (571)270-0341. The examiner can normally be reached 8:30 am - 4:30 pm M-F.
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ELIZABETH K. AMATO
Examiner
Art Unit 1762
/ROBERT S JONES JR/Supervisory Patent Examiner, Art Unit 1762
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