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 .
An amendment was filed on 05/08/2026.
Withdrawn Rejection(s)
The rejection under 35 USC 112, second paragraph, for “prodrug” is withdrawn in view of the amendment filed 05/08/2026.
The rejection under 35 USC 103 over CN 103446043 (Liaoning in view of WO 2019/016233 (Medincell).
New rejection(s)
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 2, 4, 6-10, 12, and 20-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The invention is described as a triblock copolymer and a diblock copolymer which delivers etonogestrel. A, A1 , C and D are described as repeating units of m , n, q , and r. However there is no antecedent basis for these references in the formulas references. In other words , neither A or A1 formulas are shown to have m or n. The same occurs for C and D formulas which lack inclusion of q and r. Clarification is required.
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.
Claims1, 2, 4, 6-10, 12, and 20-23 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.
The invention is described as a triblock copolymer and a diblock copolymer which delivers etonogestrel. A, A1 , C and D are described as repeating units of m , n, q , and r. However there is no antecedent bases for these references in the formulas references. In other words , neither A or A1 formulas are shown to have m or n. The same occurs for C and D formulas which lack inclusion of q and r. Clarification is required.
All formulas referenced should include the repeating units m,n, q and r before they are referenced as subunits.
Conclusion
No claims are allowed.
Correspondence
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/CARLOS A AZPURU/Primary Examiner, Art Unit 1617 caz
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