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 .
Information Disclosure Statement
Information disclosure statements were filed on 05/13/2024 and 06/05/2024.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-16 in the reply filed on 09/09/2024 is acknowledged.
Claims 17-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/09/2024.
Specification
The disclosure is objected to because of the following informalities: The specification lacks a “Brief Description of the Drawings”.
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.
Claims 3-5, and 7-14 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.
Regarding claims 3-4, 7-14, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Correction is requested.
Claim 5 is indefinite in the listing of “oxalic acid, malonic acid, succinic acid glutaric acid, adipic acid, pimelic acid, and N-(2-aminoethyl) maleimide” in that it is not definite whether these are separate non-polymer crosslinkers or separate derivatives of hexamethylene 1,6 diamine. Clarification is requested.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6 -7, 13, and 15-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent No. 9,980,977 (Carbylan Therapeutics).
Carbylan Therapeutics teaches a hydrogel particle comprising hyaluronic acid reacted with a divinyl sulfone ( see (3) – (4) ). Hyaluronic acid is a polyanion which is reacted with the divinyl sulfone to form the “sulfate or sulfonate” part of the limitation, which may be further reacted with an uncharged polymer such as a PEG (see (14) and (81) . The PEG may be linear (11) or four armed (13) or branched and multi-armed (Summary (56)). The hyaluronic acid reacted with the vinyl sulfone may be crosslinked using a thiol crosslinker (15) and (56) , (57). The polyanionic polymer may be a heparin (Summary (46). Possible thiol crosslinkers re found at Summary (53), (57), and (58) . Additives such as preservatives may be added at (85). The composition my be used to tret various forms of arthritis (Summary (47)). The claims are anticipated by Carbylan Therapeutics.
Conclusion
No claims are allowed.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS A AZPURU whose telephone number is (571)272-0588. The examiner can normally be reached 9 am- 3 pm, 4 pm-8pm.
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/CARLOS A AZPURU/Primary Examiner, Art Unit 1617 caz
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