CTNF 18/553,881 CTNF 79041 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/4/23, 10/26/23, 1/23/24, 11/15/24, 12/9/24, 4/7/25, 7/22/25, 7/24/25 was filed in a timely manner. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections 07-29-01 AIA Claim 33 is objected to because of the following informalities: in line 2 the claim reads “200,00, 300,00,” and in line 4 the claim reads “200,00. 300,00” . Appropriate correction is required. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-3, 5 and 7 is/are rejected under 35 U.S.C. 102 a1 as being anticipated by Paolesse et al (Stepwise Syntheses of Bisporphyrins, Bischlorins, and Biscorroles, and of Porphyrin-Chlorin and Porphyrin – Corrole Heterodimer; J. Am. Chem. Soc , 1996, 118, 3869-3882 hereafter Paolesse) . Paolesse teaches a fluorescent compound comprising a first porphyrin and a first hydroporphyrin where the first porphyrin is attached the hydroporphyrin, where the hydroporphyrin is a chlorin [compound 3-5]. The first porphyrin has a structure of Formula (Ib) where the first hydroporphyrin has the structure of Formula (IIb or IId) [compound 18, 21 and 22]. The porphyrin and hydroporphyrin are bound through a linker group that is bonded to both [compounds 18-21]. These disclosures render the claims anticipated . 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 1-3, 5, 7, 14, 16, 17, 34, 40, 47, 54, and 57 is/are rejected under 35 U.S.C. 102 (a2) as being anticipated by Pitner et al (US 2019/0264102 A1 hereafter Pitner) . Pitner discloses a fluorescent compound comprising at least a first porphyrin and a first hydroporphryin where they are attached to each other [abstract, 0009, 0011], meeting the limitations of claim 1. The first porphyrin has a structure of Formula Ib where M is a metal, and is a chlorin [0006], meeting the limitations of claims 2 and 3. The first hydroporphyrin has a structure of Formula IIb and IId [0007-0008], where M is a metal, meeting limitations of claim 5. The porphyrin and hyroporphyrin are bonded to each other via direct bond or through another molecules [0011], meeting limitations of claim 7. The compound is excited in the violet range of visible light, up to 450 nm [0126], meeting the limitations of claim 14. At least an additional porphyrin is added to the compound selected from Formula IIb or IId [0014], meeting the limitations of claim 16, 17 and 19. The compound emits light at a wavelength about red to infrared from 590-750 micron [0010], meeting the limitations of claim 31. The reference discloses Dyads comprising multiple distinct porphyrin compounds where they each exhibit unique wavelength emissions, different from their individual wavelengths when alone [0114-0116], meeting limitation claim 34. The compound is present as a particle [abstract], meeting the limitations of claim 47. The refence discloses kits comprising the compound and where each compound comprises a unique emission wavelength [0014, Figures 14A, B], meeting the limitations of claim 57. These disclosures render the claims anticipated . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim (s) 1, 33, 60-62 and 65 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined disclosures of Pitner et al (US 2019/0264102 A1 hereafter Pitner) in view of Hasan et al (US 2010/0016208 A1 hereafter Hasan) . As discussed above Pitner discloses a compound comprising at least a first porphyrin and a first hydroporphyrin where they can be a chlorin or a bacteriochlorin. The compound ha a brightness assessment at 405 nm [Example 2], however the specific molar absorption was not recorded. The molar absorption of these compounds known in the art a seen in the Hasan patent. Further, The reference further discloses a method of detecting particle using flow cytometry comprising labeling particles with the compound [0154], meeting some of the limitations of claim 60. The reference first recites a method for detecting a cell comprising administering the compound and detecting the compound to view cell surface markers via light microscopy, a sufficient enough light o detect the compound [0138], meeting the limitations of claim 61, 62 and 65. However the reference is silent to the specific photoactivation, which is also shown in the Hasan patent. Hasan discloses a photoactivatable antimicrobial agents comprising photosensitizers such as red shifted porphyrins likes chlorins and bacteriochlorin [0058]. These compounds can be ap[plied with or with metals [0061]. These photosensitizers have brightness at 400 nm and molar absorption up to 150,000 M-1, cm-1 or a lower intensity of up to 61,000 for a single porphyrin derivative [0090], meeting limitations of claim 33 and 34. These compounds are applied in methods to detect, and treat tissues by administering the compounds to a subject and activating the photosensitizers [0107-0115]. It would have been obvious that these compounds would be useful in the methods of Pitner as they solve the same problem and have the same structure. One of ordinary skill in the art would have been motivated to combine the prior art with expected result of a stable photosensitizing compound. It would have been obvious to combine the similar porphyrin compounds oof Hasan with the compounds of Pitner as they solve the same problems. It would have also been obvious to apply the similar compounds of Pitner in the methods of Hasan to apply the compounds practically for imaging and treatment of tissues as they have the same components and can solve the same problems. One of ordinary skill in the art would have been motivated to combine the prior art with an expected result of a stable photosensitizer. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICAH PAUL YOUNG whose telephone number is (571)272-0608. The examiner can normally be reached Monday through Friday, 9:00 am to 5:30 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hartley can be reached at 5712720616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MICAH PAUL YOUNG/Primary Examiner, Art Unit 1618 Application/Control Number: 18/553,881 Page 2 Art Unit: 1618 Application/Control Number: 18/553,881 Page 3 Art Unit: 1618 Application/Control Number: 18/553,881 Page 4 Art Unit: 1618 Application/Control Number: 18/553,881 Page 5 Art Unit: 1618 Application/Control Number: 18/553,881 Page 6 Art Unit: 1618