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 .
Status of the claims
The Preliminary Amendment filed 09/18/23 is acknowledged and has been entered. Claims 1-12, 14, and 17-21 have been amended. Claims 13 and 15-16 have been canceled. Accordingly, claims 1-12, 14, and 17-21 are under examination.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Specification
The use of the terms Tween 20 (e.g. page 15, line 2; page 19, line 1; page 21, line 15); Triton-X (e.g. page 15, line 2); Milli-Q (e.g. page 20, line 20) and TEXAS RED-X (e.g. page 21, line 20), which are trade names or a mark(s) used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claim 10, is objected to because of the following informalities: Claim 10 the recitation “the immediate release polymer comprises hydroxypropyl…” should be – the immediate release polymer comprises one or more of hydroxypropyl---. Appropriate correction is required.
Claim 10, is also objected to because of the following informalities: Claim 10, line 9 the recitation “and polyethylene glycol, and polyethylene glycol” should be --and polyethylene glycol--. 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 1-12, 14, and 17-21 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 1 is vague and indefinite because it is unclear that if the glass bubbles are embedded within the film instead of on the surface then the affinity groups are not exposed and cannot bind to what they are intended to bind to. The claim does not make clear if the film has pores which allow entry, if the film comprises a specific component that allows entry or release, if the embedded affinity group is released or if the Applicant intends something else. The claim as recited appears to be missing an essential element for a clear understanding of how the embedded affinity groups bind to what they are intended to. Applicant is reminded that although the claims are read in light of the specification limitations from the specification are not read into the claims.
Claim 9 the recitation “the second water-soluble or water-degradable polymer matrix” there is insufficient antecedent basis for this limitation.
Claim 10 the recitation “the immediate release polymer” there is insufficient antecedent basis for this limitation.
Claim 14 is vague and indefinite in reciting “comprising a plurality of second detector compound molecules” because the claim implies that there is a plurality of first detector compound molecules but fails to recite any first detector compound molecules. Claim 14 depends from claim 2 which depends from claim 1 and none of these claims recite a first detector compound molecule. Therefore, it is unclear if there is a first plurality of first detector molecules or not. Applicant is reminded that although the claims are read in light of the specification limitations from the specification are not read into the claims. Please clarify.
Allowable Subject Matter
Claims 1-12, 14, and 17-21 would be allowable if rewritten or amended to overcome the objections and rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The prior art of record does not teach nor fairly suggest a composition as claimed wherein a plurality of first hollow glass bubbles are embedded in a first polymer matrix of a film which is disposed on a substrate. The closest prior art of record is considered to be Dong et al (ACS Appl. Mater. Interfaces, 2017, 9, pages 15265-15273) which teaches hollow glass microspheres having an affinity group attached to the microspheres wherein the microspheres are coated with an enzymatically degradable film. However, Dong et al does not teach nor fairly suggest a film disposed on a substrate, the film comprising a first polymer matrix material; a plurality of first hollow glass bubbles embedded in the first polymer matrix material; wherein the first hollow glass bubbles have a density of less than 0.60 gram/mL, a span of less than 1.0, and a plurality of first affinity groups that are covalently attached to the first hollow glass bubbles.
Conclusion
No claims are allowed.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Juang et al (Lab. Chip, 2016, 16, pages 459-464) discloses buoyant glass microbubbles having capture antibody coated on the microbubbles and are coated with a fluorescent marker (e.g. abstract, , pgs 460-461).
Dong et al (Nanoscale, 2018, September 13; 10(35), pages 16795-16804) discloses Hollow glass microspheres having a layer-by-layer of negatively charged SiO2 nanoparticles and positively changed poly-L-arginine molecules (e.g. abstract, pages 3)
Jablonski et al (US 8,513,032) discloses glass microbubbles coated with an affinity molecule.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY W COUNTS whose telephone number is (571)272-0817. The examiner can normally be reached M-F 7:00-4:00.
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/GARY COUNTS/ Primary Examiner, Art Unit 1678
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