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 § 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.
Claims 1-24 are 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. It’s unclear why (“alkyl containing 1 to 6 carbon atoms”) is in parentheses and if this is a positive claim limitation or merely exemplary. Further, at least claims 16- 17 have the same recitation and are indefinite for the reason. Further regarding claim 6, which depends from claims 1 and 3 recite “the linear…” There is insufficient antecedent basis for this term. , cyclic poly. Claim 6 nor claims 1 and 3 from which claim 6 depends, recite a “linear” prior to the recitation of “the linear,” and for this reasons, the term ‘the linear” has unclear antecedent basis. Further, as “the linear” is not an MRI tracer, it is unclear how it can be used as an MRI tracer.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-24 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by WO 0139815 A2 to Szoka (document already in record). Szoka detaches pro-angiogenic agents and anti-angiogenic agents and on the basis of known CD44 receptor-related diseases (abstract). Szoka teaches a drug delivery system of a liposome vesicle, containing a low molecular weight hyaluronan ligand with an affinity for CD44 receptors. Lipids to which the hyaluronan is attached may comprise amino-polyethylene glycols. The mean diameter of vesicles is 140±60 nm; drugs may comprise diagnostic agents to be targeted at neoplastic tissue, anti-inflammatory agents, pro-angiogenic agents, or antiangiogenic agents; liposomes are selected from small unilamellar liposomes, large unilamellar liposomes, or multi-lamellar liposomes; the hyaluronan has a molecular weight of less than about 5,000 (description, p. 7, lines 8-12 and 15-17, p. 8, lines 6-13 and 23-27, and p. 12, line 33). Szoka discloses liposome preparation: the lipid components were weighed and dissolved in chloroform; thin lipid film hydration preparation is implemented; doxorubicin was actively transported into the liposome aqueous phase; a hyaluronan lipid derivative is incorporated during the formation of the liposomes; nonentrapped DOX was removed through a column containing Dowex 50WX4 (description, p. 24, line 18 to p. 25, line 32). Szoka teaches performing amino-polyethylene glycol modification on the surface of the nanocarrier, the other ligands apart from gyaluronan derivatives and the other related substances apart from the inflammatory substances defined in claims 4, 6-8, 10, and 11 are also taught based on CD44 receptor-related disease (description, p. 24, line 18 to p. 25, line 32).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL W DICKINSON whose telephone number is (571)270-3499. The examiner can normally be reached on M-F 9 AM to 7:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hartley can be reached on 571-272-0616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL W DICKINSON/Primary Examiner, Art Unit 1618
10/8/2026
