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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2 /12/26 has been entered.
Priority
The petition under 37 1.55(e) has been granted. See Petition decision filed 5/29/26.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 15/125,543, filed on 9/12/16.
Claim Objections
Claims 1, 6, 10 and 12 are objected to because of the following informalities:
In the seventh to last line of claim 1, tyrosinecontaining should be “tyrosine-containing”.
In claims 6 and 10, the tildes (“~”) should be normal scripted not superscripted. Appropriate correction is required.
Claim 12 is objected to because it does not end in a period.
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 8 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 states that the spacer selected from “lysine ester, lysine-containing oligopeptide ester, amino-ethanol, …”, however the claimed structures can only be obtained by either a lysine ester or a lysine containing oligopeptide ester, therefore it is unclear how the claimed structures can be formed by e.g. amino-ethanol. Is the claim attempted to claim a mixture of compounds in addition to the claimed compounds (e.g. compounds with an amino-ethanol linker)?
Further the way the claim is written raises questions as to if a mixture of polymers or a single polymer is being claimed. The claim states that the reaction yields “formula 19 and 20”, which suggests both are present. However, the claim also states that the spacer is selected from the group suggesting that the reaction yields formula 19 or 20.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S KAUCHER whose telephone number is (571)270-7340. The examiner can normally be reached M-F 8-6 PM EST.
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, Arrie Lanee Reuther can be reached at (571) 270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK S KAUCHER/Primary Examiner, Art Unit 1764
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