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 .
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.
(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.
Claims 1 and 9-10 are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Cui et al. (CN 113368305) “Cui”.
Regarding claim 1, Cui discloses an extracellular vesicles-modified metal-implant with immunoregulatory and osteoinductive dual-functions, wherein the immunoregulatory and osteoinductive dual-functions are realized by the extracellular vesicles)- modified medical implant through a method of mussel-derived adhesion peptides and azidylated extracellular vesicles on a surface of a Ti-based material (abstract discloses a bone implant through mussel molecule surface adhesion chemistry and biological orthogonal reaction and claims 1-7 disclose Ti implant and azidylated vesicles);
the extracellular vesicles-modified medical implant is coated with mussel-derived (DOPA)x-PEGs -DBCO peptides that can undergo a click reaction with azide groups linked with extracellular vesicles on the surface of the Ti-based material (abstract and claims 1-7 disclose the mussel derived peptides that undergo a click reaction): and a stable and nontoxic modification of the extracellular vesicles is achieved through a cycloaddition bioorthogonal click chemical reaction between azidinated extracellular vesicles DSPE-PEG2k-Azido and (DOPA)x-PEG-DBCO (as discussed in claims 1-7 and abstract).
Regarding claims 9-10, Cui discloses an artificial prosthesis implant material comprising the extracellular vesicles-modified metal-implant with the immunoregulatory and osteoinductive dual- functions according to claim 1 (abstract) and wherein the artificial prosthesis material is used for a diabetic patient (the structure of the implant is fully capable of performing this intended use).
Allowable Subject Matter
Claims 3, 5-8 and 11-12 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the subject matter is allowable due to the limitations of “wherein a structure of the amino acid sequence of the L-dopa amino acid is simplified as: Ac-[(DOPA)-Gk2-Kf(PEG)-(Mpa)-(Mal-DBCO)1-(DOPA)-Gl 2. in which, x is a number of repeat units of DOPA amino acids. x is selected from 2, 4, 6, and 8: an overall chain length of mussel-derived peptides is 5. 9. 13, or 17 amino acid groups, and a linkage mode is linear” and “obtaining extracellular vesicles-modified metal-implants with dual-functions of immunomodulatory function and osteoinductive activity2k-Azido solution obtained in the step (3) wherein a specific loading of the extracellular vesicles is realized by the cycloaddition bioorthogonal click chemical reaction between azide groups and DBCO groups” as as set forth in claim 3. The closest prior art of record of Cui et al. (CN 113368305) and Jyothi et al. (WO 2020/215024) fail to disclose the allowable limitations. Therefore, the claims have not been found anticipated by or obvious over prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASHITA SHARMA whose telephone number is (571)270-5417. The examiner can normally be reached on 8am-5pm M-Th; 8am-4pm Fri (MT).
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Jerrah Edwards, can be reached at 408-918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YASHITA SHARMA/
Primary Examiner, Art Unit 3774
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