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 .
Applicants' arguments, filed 06/30/2026, have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Claim Rejections - 35 USC § 103
Claim(s) 1-20 were rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (WO2021242174A1, disclosed by applicant) in view Pedersen et al. (Frontiers in Veterinary Science, Volume 8, May 2021, disclosed by applicant). This rejection is maintained. Claims 1-12 are pending.
Rejection
Chan et al. disclose compounds in the form of polymer, oligomers and defined molecules having repeating units that all incorporate repeating units formed from an imidazolium group and a biodegradable chain connected to an adjacent repeating unit. The compounds disclosed herein may have antimicrobial activity and so may be used to treat microbial infection and/or to treat surfaces to prevent microbial infections (Abstract). Chan et al. disclose compound I, which meets the limitation of the polyimidazolium of the instant claims (Reference claims 7). Chan et al. disclose PIM chloride salts having significant antimicrobial activity to S. aureus and E. coli (p. 44-45, Tables 1 and 2). Chan et al. disclose when used as an antiseptic composition comprises from 0.1 to 20% by weight of polymer(p. 33, lines 11-16). Chan et al. disclose the subject include mammal, including cows, pigs, goats, sheep and humans (p. 27, lines 1-5). Chan et al. disclose composition comprising glycerol at concentration of less than 50% (p. 36, lines 14 and 15).
Chan et al. differs from the instant claims insofar as they do not disclose treating mastitis in a mammal with the composition comprising PIM.
Pedersen et al. disclose bovine mastitis is defined as inflammation of the mammary gland and is most commonly caused by bacterial infection. Pedersen et al. disclose the most common infectious agents of bovine mastitis are Staphylococcus aureus, Streptococcus agalactia, Escherichia coli, Streptococcus uberis and S. aureus (p. 1, Introduction)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the composition comprising PIM of Chan to treat mastitis motivated by the desire to treat a condition from infectious agents of S. aureus and E. coli as taught by Pedersen, since Chan teaches treating infections from said infectious agents.
Arguments
Applicant’s Arguments
Applicant argues from starting from Chan and without the knowledge of the present application, one skilled in the art would not have been motivated to even consider Pedersen. Applicant argues one skilled in the art would not have been motivated to ignore established treatments and instead search for and select the specific, novel polymers form Chan’s unrelated research context and the rejection is based on impermissible hindsight. Applicant argues even if motivated to combine the two references, one of ordinary skill in the art would not have possessed a reasonable expectation of success. Applicant argues surprising and unexpected results. Applicants’ arguments have been fully considered but they are not persuasive.
Examiner’s Response
The compounds disclosed herein may have antimicrobial activity and so may be used to treat microbial infection and/or to treat surfaces to prevent microbial infections (Abstract). Chan et al. disclose PIM chloride salts having significant antimicrobial activity to S. aureus and E. coli (p. 44-45, Tables 1 and 2). Chan et al. disclose treating cows. Therefore, providing the motivation to treat a bovine with any condition caused by S. aureus and E. coli. One of ordinary skill would also have possessed a reasonable expectation of success since the PIM chloride salts treat S. aureus and E. coli conditions which includes bovine mastitis as taught by Pedersen. In regard to unexpected results, the result of excellent bactericidal activity appears to be known, since Chan et al. disclose antibacterial broad-spectrum activity of PIM1 (Rable 3).
Conclusion
THIS ACTION IS MADE FINAL. 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 NANNETTE HOLLOMAN whose telephone number is (571)270-5231. The examiner can normally be reached Monday-Friday 9am-6pm.
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/NANNETTE HOLLOMAN/Primary Examiner, Art Unit 1612
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