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 .
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-9, 1, 12, 14-20, 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US Patent 2019/0091367, disclosed by applicant).
Li et al. disclose a biocompatible adhesive system comprising a hydrogel comprising a first polymer network and a second polymer network, wherein the first polymer network comprises covalent crosslinks and the second polymer network comprises ionic crosslinks and a high density primary amine polymer (ABSTRACT). Li et al. disclose compositions that omit a coupling agent from the composition and comprise bridging polymer chitosan; wherein the adhesion energy is about 200 Jm-2 (Fig. 1). Li et al. disclose polymer networks selected from polyethylene glycol and alginate; which have low and high molecular weight ([0008] and [0010]). Li et al. disclose compressing the adhesive system gently for 2 minutes ([0149]). Li et al. disclose composition comprising 2 wt. % chitosan ([0113])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to omit the coupling agent from the composition because the reference demonstrates that the adhesive is capable of adhering to a surface without the coupling agent which shows that the composition achieves an adhesion energy. Selection of any order of performing process steps or mixing ingredients is prima facie obvious in the absence of new or unexpected results. See MPEP 2144.04, IV, C. Therefore, it would have been obvious to have dried the hydrogel before applying.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sahana S. Kaup can be reached at 571-272-6897. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NANNETTE HOLLOMAN/Primary Examiner, Art Unit 1612
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