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 .
Applicant’s amendment and accompanying remarks filed July 13, 2026 are acknowledged.
Examiner acknowledges amended claims 1, 4 and 5.
Examiner acknowledges cancelled claims 2-3 and 6.
The rejection of claim 1 under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Chu et al., U.S. Pre Grant Publication 2003/0054035 is overcome by Applicant’s amendment.\
The rejection of claims 2-7 under 35 U.S.C. 103 as being unpatentable over Chu et al., U.S. Pre Grant Publication 2003/0054035 in view of Balazs, U.S. Patent Number 4,303,676 is withdrawn due to Applicant’s arguments.
Claim Rejections - 35 USC § 103
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.
Claims 1, 4-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Chu et al., U.S. Pre Grant Publication 2003/0054035 in view of Wang et al., U.S. Pre Grant Publication 2022/0105020.
Regarding claims 1, 4-5 and 7, Chu discloses in paragraph 0135 non-woven layers [sheet] including biodegradable fiberizable material such as hyaluronic acid [0024] that are electrospun fibers having a diameter in the range of 10 to 500 nanometers [0.1 microns to 0.5 microns, which is encompassed by Applicant's claimed range. Paragraph 0190 discloses that the solvent can include water. Chu discloses in paragraphs 0163-0164 a delivery system which acts as a patch for skin. Paragraph 0097 discloses that the system can include different molecular weights of the same polymeric material such as hyaluronic acid. Chu discloses electrospinning of the mixture of the hyaluronate having two different molecular weights [0016, 0097]. Chu discloses in paragraph 0192 that the viscosity ranging from 50 to 2000 mPa S [50 cPs to 2000 cPs] which is encompassed in Applicant's claimed range.
Chu is silent to wherein the hyaluronate of the hyaluronate nanofabric sheet comprises 88.9 to 98.1 wt% of a hyaluronate having a weight average molecular weight in a range of 5 x 10³ to 5 X 10⁴ Da and 1.9 to 11.1 wt% of a hyaluronate having a weight average molecular weight in a range of 1 x 10⁵ to 1 X 10⁶ Da. Wang discloses a hyaluronic acid skin care composition wherein the composition has strong anti-oxidation ability and can effectively scavenge reactive oxygen species [abstract and 0010]. Paragraph 0029 of Wang discloses a hyaluronic acid skin care composition including hyaluronic acids or salt thereof of two or more molecular weights wherein one molecular weight ranges from 1.6 kDa to 500 kDa and the other molecular weight ranges from 800 kDa and 3,000 kDa in a weight ratio of 0.9:0.1 to 0.1:09. Applicant claims 88.9 to 98.1 wt% of a hyaluronate having a weight average molecular weight in a range of 5 x 10³ to 5 X 10⁴ Da and 1.9 to 11.1 wt% of a hyaluronate having a weight average molecular weight in a range of 1 x 10⁵ to 1 X 10⁶ Da which can include 90 wt% of 88.9 to 98.1 wt% of a hyaluronate having a weight average molecular weight in a range of 5 x 10³ to 5 X 10⁴ Da and 1.9 to 11.1 wt% of a hyaluronate having a weight average molecular weight in a range of 1 x 10⁵ to 1 X 10⁶ Da and 10 wt% of % of a hyaluronate having a weight average molecular weight in a range of 1 x 10⁵ to 1 X 10⁶ Da. Applicant includes a 90:10 weight ratio [0.9:0.1 weight ratio]. Applicant’s claim include a 0.9:0.1 weight ratio as does Wang. Chur and Wang are analogous are in that both references include compositions having hyaluronic acid of different molecular weight used in skin care. One of ordinary skill in the art before the effective filing date of the invention would utilize a hyaluronic composition including of 88.9 to 98.1 wt% of a hyaluronate having a weight average molecular weight in a range of 5 x 10³ to 5 X 10⁴ Da and 1.9 to 11.1 wt% of a hyaluronate having a weight average molecular weight in a range of 1 x 10⁵ to 1 X 10⁶ Da [teaching a weight ratio of 0.9:0.1 to 0.1:0.9 ] in Chu as Wang teaches a weight ratio of the two different molecular weight hyaluronic acid compositions of 0.9:0.1 to 0.1:0.9 for the benefit of enhanced anti-oxidation ability
The combination of Chu and Wang teach the claimed invention but fails to teach a wherein the hyaluronate nanofabric sheet has a transdermal absorption rate in a range of 77.70% to 86.08% and a tensile strength in a range of 5.32 to 10.91 MPa. It is reasonable to presume that the hyaluronate nanofabric sheet has a transdermal absorption rate in a range of 77.70% to 86.08% and a tensile strength in a range of 5.32 to 10.91 MPa is inherent to the combination of Chu and Wang. Said presumption is based on the disclosure of the combination of Chu and Wang, above. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980
Response to Arguments
Applicant’s arguments with respect to the present claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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