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 .
Drawings
The objection to the drawings has been overcome by inventor’s submission of legible replacement drawings.
112(b) Rejections Withdrawn
The rejections of claims 18, 24, 25 and 34 under 35 USC 112(b) or 35 USC 112 (pre-AIA ), second paragraph, outlined in the previous Office Action, have been overcome by inventor’s amendment. With respect to claims 18, 24 and 34, the amendment clarifies the claims as appropriate. With respect to claim 25 (indefinite from indefinite), the rejection is moot.
Claim Rejections - 35 USC § 112(b), NEW
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 41 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.
It is unclear why the claim refers to “The polymeric micelle nanoparticle of claim 37…”. Claim 37 is drawn to a method, not a composition of matter.
Clarification is in order.
112(d) Rejections Withdrawn
The rejection of claims 4, 6, 8 and 10 under 35 USC 112(d) or 35 USC 112 (pre-AIA ), fourth paragraph, outlined in the previous Office Action, has been overcome by inventor’s amendment. With respect to claims 6, 8 and 10, the amendment cancels the claims. With respect to claim 4, the amendment rewrites the claim in proper dependent form.
102 Rejections Withdrawn
The rejection of claims 1-4, 6, 8, 10, 13, 18, 19 and 22 under 35 USC 102(a)(1), outlined in the previous Office Action, has been overcome by inventor’s amendment. With respect to claims 2, 3, 6, 8 and 10, the amendment cancels the claims. With respect to the remaining claims, the amendment narrows the claim set (by incorporating the limitation of now canceled claim 12) such that it no longer reads on the cited art.
103 Rejections Withdrawn
The rejection of claim 12 under 35 USC 103, outlined in the previous Office Action, has been overcome by inventor’s amendment. The amendment cancels the claim.
The rejection of claims 13 and 15 under 35 USC 103, outlined in the previous Office Action, is withdrawn. Applicant’s amendments and arguments have been carefully considered and are persuasive.
The rejection of claims 24 and 25 under 35 USC 103, outlined in the previous Office Action, is withdrawn. Applicant’s amendments and arguments have been carefully considered and are persuasive.
Claim Objections Withdrawn
The objection to claims 26, 27, 29 and 33, as being dependent upon a rejected claim but otherwise allowable, is withdrawn. The objection is moot.
Allowable Subject Matter
Claims 1, 4, 13, 15, 18, 19, 22, 24-27, 29, 33, 34, 37-40 and 42 are allowed. The subject matter of claim 41 would be allowable once the 112 rejection outlined above has been overcome. The following is a statement of reasons for the indication of allowable subject matter:
The key to the instant invention is the instant polymeric micelle nanoparticles. The closest prior art remains the prior art of record (in particular, Biomacromolecules (2010), 11, pp. 2094-2102). As is evidenced by the record, with respect to independent claim 1 and its dependent claims, inventor has narrowed the scope of the claimed subject matter such that it no longer reads on the cited art. With respect to method claim 26 and its dependent claims, the reference does not teach, show, suggest or make obvious the instant method of forming extracellular vesicles containing the instant micelle nanoparticles.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN J DAVIS whose telephone number is (571)272-0638. The examiner can normally be reached M-F 8:30-5:00 PM EDT.
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, Ali Soroush, can be reached at 571-272-9925. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN J DAVIS/Primary Examiner, Art Unit 1614 4/25/2026
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