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 Objections
Claims 25-29 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. See MPEP § 608.01(n). Accordingly, the claims have not been further treated on the merits.
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 17-19, 24 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 17 recites a scaffold prepared by a method of treating seaweed with various chemical and physical extraction steps. However, the claim does not recite any actual structural elements that the claimed scaffold must comprise. It cannot be determined what, even at a minimum, structural components are in the claimed scaffold by merely reciting method steps. Although one of skill in the art could guess that certain major components of seaweed might be extracted into the scaffold, it is equally a guess as to what seaweed components are not extracted. This rejection affects all dependent claims.
Claims 17 and 20 recite the limitation "the cortical layer" in line 6. There is insufficient antecedent basis for this limitation in the claims.
Claims 17 and 20 recite the limitation "the medullary layer" in line 8. There is insufficient antecedent basis for this limitation in the claims.
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.
Claim(s) 17-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by by Lee et al (KR 10-2151203,9/2/2020: cited by applicants as English equivalent US 20230014960 in the IDS dated 11/27/2023, reference below is to the US document).
Lee et al teach a scaffold prepared from seaweed by treating seaweed with NaCl and ozone and cutting to a predetermined size (claim 4), treating the seaweed with an anionic detergent and slowly shaking to separate a cortex layer, washing a medullar layer with PBS and freeze-drying the medullar layer (claim 3). The seaweed can be G. tenax (claim 9) and the anionic detergent 1-5% (claim 5). The medullar layer may be gelled (claim 3) in CaCl2 (claim 6).
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Burkhart whose telephone number is (571)272-2915. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tracy Vivlemore can be reached at 571 272-2914. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL D BURKHART/ Primary Examiner, Art Unit 1638
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