DETAILED ACTION
Status of Application
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-8 are included in the prosecution.
Claim Objections
Claims 1-8 is objected to because of the following informalities:
Claim 1 recites “Pharmaceutical” which should read as “A pharmaceutical”.
Claims 2-7 recite “Pharmaceutical” which should read as “The pharmaceutical”.
Claim 8 recites “Medical” which should read as “A medical”.
Claims 4-8 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 and/or cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claims have not been further treated on the merits.
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.
Claim 3 is 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 pre-AIA the applicant regards as the invention.
Regarding claim 3, the phrase "namely" renders the claims indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Appropriate correction is required.
Claim Rejections – 35 U.S.C. 103
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 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 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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over.
Regarding claims 1-8, Kurkayev is drawn to antimicrobial compositions, and discloses antiviral composition comprises titanium dioxide, silicon dioxide nanoparticles, (2-hydroxy)propyl beta-cyclodextrin (HPBCD) aqueous solution (abstract).
Kurkayev discloses the most commonly used types of cyclodextrins are 6-membered alphacyclodextrin, 7-membered beta-cyclodextrin, and 8-membered gammacyclodextrin, respectively. Cyclodextrins have been disclosed as being useful for decreasing viral infections. Kurkayev discloses nanosized metal and metalloid oxides such as titanium-dioxide and silicon30 dioxide - due to their unique submicrometer size and nano-crystalline state (pg. 1). Kurkayev discloses combinations with antiviral pharmaceutical actives (pg. 2). Kurkayev discloses cyclodextrins in their natural forms represent a class of substances that are known to interact with certain compounds occurring in cell surfaces and thus providing remarkable antimicrobial effects (pg. 2-3).
Kurkayev discloses the preparation of antiviral compositions based on stabilized metal- oxide dispersions in combination with different excipients and additives to prevent and control infections caused by herpes virus family. These excipients ensure the long-term kinetic stability of the dispersed nanoparticles, eliminate incompatibility between dispersed nanoparticles and (2- hydroxy)propyl beta-cyclodextrin (HPBCD). The resulting gel forms also improve spreadability (pg. 4). Kurkayev discloses titanium dioxide nanosuspension of 0.05-5% and HPBCD 0.05-50% (pg. 8).
Kurkayev does not explicitly disclose each of the components of the composition in a single embodiment.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Kurkayev, to arrive at the instant invention.
One of ordinary skill in the art would have been motivated to do so because Kurkayev discloses all the required components and Kurkayev is drawn to antimicrobial compositions, and discloses antiviral composition comprises titanium dioxide, silicon dioxide nanoparticles, (2-hydroxy)propyl beta-cyclodextrin (HPBCD) (abstract), and that cyclodextrins have been disclosed as being useful for decreasing viral infections (pg. 1). Further, one having ordinary still in the art would reasonably expect success in combining prior art elements according to known methods to yield predictable results, see MPEP 2141.
Conclusion
No claims are allowed.
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/QUANGLONG N TRUONG/Examiner, Art Unit 1615