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 .
Status of Application
Claims 1-9 are pending in this application.
No claims have been amended or cancelled.
All pending claims are under examination in this application.
Information Disclosure Statement
Receipt of the Information Disclosure Statement filed on May 12, 2026 is acknowledged. A signed copy is attached to this office action.
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.
Claim 6 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 claim 6, 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).
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xin et al. (Ultrasound-Activatable Phase Shift Nanoparticle as a Targeting Antibacterial Agent for Efficient Eradication of Pseudomonas aeruginosa Biofilms, Applied Materials and Interfaces 2022, 14, 47420-47431).
Xin discloses ultrasound-activatable targeted nanoparticles designed by using poly(lactic-co-glycolic acid) (PLGA) nanoparticles to encapsulate phase transformable perfluoropentane (PFP) and the antibiotic meropenem via a double emulsion approach, followed by conjugation with anti-P aeruginosa antibodies. The nanoparticles eradicated biofilms effectively and cleared bacteria in vitro as well as exhibited potent anti-infective activity in vivo (abstract).
Regarding claim 2, because meropenem lacks a strong chemical handle to form permanent covalent attachments to PLGA, it relies on several non-covalent forces.
Regarding claim 3, as noted above, nanoparticles designed by using poly(lactic-co-glycolic acid) (PLGA) nanoparticles to encapsulate phase transformable perfluoropentane (PFP) and the antibiotic meropenem.
Regarding claim 4, as noted above, the shell is made of PLGA, a polymer.
Regarding claim 5, the nanoparticles have a diameter of 215.6 nm (section 3.1).
Regarding claim 6, as noted above, the nanoparticles are disclosed to eradicate Pseudomonas aeruginosa biofilms. It is noted Pseudomonas aeruginosa is a bacterium.
Regarding claim 7, Pseudomonas aeruginosa is a Gram-negative bacterium and a frequently utilized model organism for biofilm-focused research that is also capable of causing urinary tract infections and infections associated with conditions such as cystic fibrosis and burn wounds in humans (section 1).
Regarding claims 8-9, treatment of wounds/biofilms by topical application was disclosed (figure 6; section 3.7; conclusions).
Xin, therefore, anticipates the rejected claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELISSA S MERCIER whose telephone number is (571)272-9039. The examiner can normally be reached M-F 6:30 am to 4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert A Wax can be reached at 571-272-0623. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MELISSA S MERCIER/ Primary Examiner, Art Unit 1615
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