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 .
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 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.
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.
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Minagawa (US Patent Application No. 2021/0372895).
Regarding claim 1, Minagawa teaches a polymer coated substrate (page 1, paragraphs [0001], [0005]) comprising a glass substrate (page 3, paragraph [0037], page 5, paragraph [0064]) and a hydrophilic polymer layer (page 1, paragraphs [0001], [0005]) comprising a blend of hydrophilic polymers (page 6, paragraph [0071]), the hydrophilic polymer layer being on a surface of the glass substrate (page 1, paragraphs [0001], [0005], page 3, paragraph [0037], page 5, paragraph [0064]).
Minagawa does not disclose wherein the hydrophilic polymers have different molecular weights. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in molecular weights involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the molecular weight of the hydrophilic polymers of Minagawa in order to provide selective adsorption and adhesion to cancer cells (Minagawa, page 6, paragraph [0080]).
Regarding claim 2, Minagawa does not disclose wherein the hydrophilic polymers include hydrophilic polymers with a difference in number average molecular weight of 30000 or more. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in molecular weights involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the molecular weight of the hydrophilic polymers of Minagawa in order to provide selective adsorption and adhesion to cancer cells (Minagawa, page 6, paragraph [0080]).
Regarding claim 3, Minagawa does not disclose wherein the hydrophilic polymers include hydrophilic polymers include hydrophilic polymers with a difference in number average molecular weight of 50000 or more. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in molecular weights involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the molecular weight of the hydrophilic polymers of Minagawa in order to provide selective adsorption and adhesion to cancer cells (Minagawa, page 6, paragraph [0080]).
Regarding claim 4, Minagawa teach wherein the hydrophilic polymers include hydrophilic polymers represented by the following formula (I):
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160
424
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Greyscale
wherein R51 represents a hydrogen atom or a methyl group; R52 represents an alkyl group; p represents 1 to 8; m represents 1 to 5; and n represents the number of repetitions (page 1, paragraphs [0009], [0010]).
Regarding claim 5, Minagawa teach wherein the hydrophilic polymers include a copolymer of hydrophilic monomers represented by the following (II) below and a different monomer:
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media_image2.png
144
388
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Greyscale
wherein R51 represents a hydrogen atom or a methyl group; R52 represents an alkyl group; p represents 1 to 8; and m represents 1 to 5 (page 1, paragraphs [0010]-[0012]).
Regarding claim 6, Minagawa teaches wherein the hydrophilic polymer layer has a thickness of 10 to 1000 nm which reads on Applicant’s claimed range of 30 to 3000 nm (page 1, paragraph [0013]).
Regarding claims 7 and 8, Minagawa teaches wherein a scaffold protein is adsorbed onto a surface of the hydrophilic polymer layer, wherein the scaffold protein is fibronectin (page 1, paragraph [0014], page 7, paragraph [0089]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINESSA GOLDEN whose telephone number is (571)270-5543. The examiner can normally be reached on Monday - Friday; 8:00 - 4:00 EST.
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/Chinessa T. Golden/Primary Examiner, Art Unit 1788 9/16/2026
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