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 . 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.
Election/Restrictions
Applicant’s election of group I and silk fibroin with perfluorooctylbromide in the replies filed on 24 Nov, 2025 and 13 Jan, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Applicants have elected a formulation comprising silk fibroin with perfluorooctylbromide. A search was conducted for this invention, and a reference rendering it obvious was found. As a result, claim 1 was examined and claims 2, 3, 7, 9, 10, 13, 15, 17, 22-25, 28, 33, 36, 41, 44, 46, and 49 were withdrawn from consideration. Applicants state that they believe the election reads on claims 2, 3, and 49, but claims 2 and 3 require components not elected, as does claim 49, based on its dependency from claim 13. Thus, these claims are properly withdrawn.
Claims Status
Claims 1-3, 7, 9, 10, 13, 15, 17, 22-25, 28, 33, 36, 41, 44, 46, and 49 are pending.
Claims 2, 3, 7, 9, 10, 13, 15, 17, 22-25, 28, 33, 36, 41, 44, 46, and 49 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention or species, there being no allowable generic or linking claim. Election was made without traverse in the replies filed on 24 Nov, 2025 and 13 Jan, 2026.
Claim Rejections - 35 USC § 102
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) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gazit et al (US 20090214649, cited by applicants).
Gazit et al discuss scaffolds comprising an oxygen carrier and a matrix (abstract). The matrix can be silk (paragraph 76), which is a silk fibroin (paragraph 77). The oxygen carrier can be a perfluorocarbon, such as perfluorooctylbromide (paragraph 88). This is a composition comprising silk fibroin and perfluorooctylbromide, anticipating claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRED REYNOLDS whose telephone number is (571)270-7214. The examiner can normally be reached M-Th 9-3:30.
Examiner interviews are available via telephone 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, Melissa Fisher can be reached at 571-270-7430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRED H REYNOLDS/Primary Examiner, Art Unit 1658
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