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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONF {MATION NO.
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`12/664,172
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`06/02/2010
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`James Klein Leonard
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`UF.572XC1
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`1590
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`23557
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`7590
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`01/03/2012
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`SALIWANCHIK,LLOYD&E1SENSCHENK
`A PROFESSIONAL ASSOCIATION
`PO Box 142950
`GAINESVILLE, FL 32614
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`COHEN, MICHAEL P
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`PAPER NUMBER
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`ART UNIT
`1612
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`NOT *ICATION DATE
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`DELIVERY MODE
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`01/03/2012
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`eu spto @ slepatents.c0m
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`PTOL—90A (Rev. 04/07)
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`

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`Office Action Summary
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`Application No.
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`Applicant(s)
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` 12/664,172 LEONARD ET AL.
`Examiner
`Art Unit
`MICHAEL COHEN
`1612
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 1MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1)|Zl Responsive to communication(s) filed on 11 December 2009.
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`2a)|:l This action is FINAL.
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`2b)IXI This action is non-final.
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`3)|:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)IZ CIaIm(s) 1-18is/are pending in the application.
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`5a) Of the above claim(s) _ is/are withdrawn from consideration.
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`6)|:| CIaIm(s) _ is/are allowed.
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`7)|:l CIaIm(s) _ is/are rejected.
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`8)I:I CIaIm(s)
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`is/are objected to.
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`£3)le CIaIm(s) 1-_18 are subject to restriction and/or election requirement.
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`Application Papers
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`10)|:I The specification is objected to by the Examiner.
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`11)I:| The drawing(s) filed on _ is/are: a)|:| accepted or b)|:| objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`12)|:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`13)|:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)|:| AII
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`b)|:l Some * c)I:I None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.|:l Certified copies of the priority documents have been received in Application No. _
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`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`
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`1) IZI Notice of References Cited (PTO-892)
`2) I] Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) I] Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date _.
`U.S. Patent and Trademark Office
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`4) I] Interview Summary (PTO-413)
`Paper N0(S )/Mai| Date. _
`5)I:I Notice 0f Informal Patent Application
`6)I:I Other:—
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`PTOL-326 (Rev. 03-11)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20111121
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`

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`Application/Control Number: 12/664,172
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`Page 2
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`Art Unit: 1612
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`DETAILED AQTIQN
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`Election/Restrictions
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`Restriction to one of the following inventions is required under 35 U.S.C. 121 and
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`372.
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`This application contains the following inventions or groups of inventions which
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`are not so linked as to form a single general inventive concept under PCT Rule 13.1.
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`In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to
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`elect a single invention to which the claims must be restricted.
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`Group |. Claims 1-12, drawn to a composition comprising a polymer
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`comprised of repeating diene monomers coupled to at least one biologically
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`active molecule, classified in class 424, subclass 78.18.
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`Group II. Claims 13-15, drawn to a method of making the polymer
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`described in Group |, above, classified in class 585, subclass 520.
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`Group III. Claims 16-18, drawn to an apparatus or device comprising the
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`polymer described in Group |, above, classified in class 424, subclass 443.
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`Application/Control Number: 12/664,172
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`Page 3
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`Art Unit: 1612
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`The groups of inventions listed above do not relate to a single general inventive
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`concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or
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`corresponding special technical features for the following reasons: Smith (U.S. 4,007,
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`089) teaches a method for binding biologically active compounds, including binding
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`glucose-6-phosphate dehydrogenase to polyethylene tubing (col. 7, Example 12).
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`Election of Species
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`This application contains claims directed to more than one species of the generic
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`invention, if Applicant elects invention of Group I. These species are deemed to lack
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`unity of invention because they are not so linked as to form a single general inventive
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`concept under PCT Rule 13.1.
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`The species are as follows:
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`A single group of biologically active molecules as exemplified in claim 11. An
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`example of a single elected group would be “analgesics”.
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`Applicant is required, in reply to this action, to elect a single species to which the
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`claims shall be restricted if no generic claim is finally held to be allowable. The reply
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`must also identify the claims readable on the elected species, including any claims
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`subsequently added. An argument that a claim is allowable or that all claims are generic
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`is considered non-responsive unless accompanied by an election.
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`Application/Control Number: 12/664,172
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`Page 4
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`Art Unit: 1612
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`Upon the allowance of a generic claim, applicant will be entitled to consideration
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`of claims to additional species which are written in dependent form or otherwise require
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`all the limitations of an allowed generic claim.
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`REQUIREMENT FOR UNITY OF INVENTION
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`As provided in 37 CFR 1.475(a), a national stage application shall relate to one
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`invention only or to a group of inventions so linked as to form a single general inventive
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`concept (“requirement of unity of invention”). Where a group of inventions is claimed in
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`a national stage application, the requirement of unity of invention shall be fulfilled only
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`when there is a technical relationship among those inventions involving one or more of
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`the same or corresponding special technical features. The expression “special technical
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`features” shall mean those technical features that define a contribution which each of
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`the claimed inventions, considered as a whole, makes over the prior art.
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`The determination whether a group of inventions is so linked as to form a single
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`general inventive concept shall be made without regard to whether the inventions are
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`claimed in separate claims or as alternatives within a single claim. See 37 CFR
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`1.475(e).
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`Application/Control Number: 12/664,172
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`Page 5
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`Art Unit: 1612
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`WHEN CLAIMS ARE DIRECTED TO MULTIPLE CATEGORIES OF
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`INVENTIONS
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`As provided in 37 CFR 1.475(b), a national stage application containing claims to
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`different categories of invention will be considered to have unity of invention if the
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`claims are drawn only to one of the following combinations of categories:
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`(1) A product and a process specially adapted for the manufacture of said
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`product; or
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`(2) A product and process of use of said product; or
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`(3) A product, a process specially adapted for the manufacture of the said
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`product, and a use of the said product; or
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`(4) A process and an apparatus or means specifically designed for carrying out
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`the said process; or
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`(5) A product, a process specially adapted for the manufacture of the said
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`product, and an apparatus or means specifically designed for carrying out the said
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`process.
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`Otherwise, unity of invention might not be present. See 37 CFR 1.475(c).
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`Applicant is advised that the reply to this requirement to be complete must
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`include (i) an election of a species or invention to be examined even though the
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`requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims
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`encompassing the elected invention.
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`

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`Application/Control Number: 12/664,172
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`Page 6
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`Art Unit: 1612
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`The election of an invention or species may be made with or without traverse. To
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`preserve a right to petition, the election must be made with traverse. If the reply does
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`not distinctly and specifically point out supposed errors in the restriction requirement,
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`the election shall be treated as an election without traverse. Traversal must be
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`presented at the time of election in order to be considered timely. Failure to timely
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`traverse the requirement will result in the loss of right to petition under 37 CFR 1.144.
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`lf
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`claims are added after the election, applicant must indicate which of these claims are
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`readable on the elected invention or species.
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`Should applicant traverse on the ground that the inventions have unity of
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`invention (37 CFR 1.475(a)), applicant must provide reasons in support thereof.
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`Applicant may submit evidence or identify such evidence now of record showing the
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`inventions to be obvious variants or clearly admit on the record that this is the case.
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`Where such evidence or admission is provided by applicant, if the examiner finds one of
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`the inventions unpatentable over the prior art, the evidence or admission may be used
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`in a rejection under 35 U.S.C. 103(a) of the other invention.
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`Applicant is reminded that upon the cancellation of claims to a non-elected
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`invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one
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`or more of the currently named inventors is no longer an inventor of at least one claim
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`remaining in the application. Any amendment of inventorship must be accompanied by
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`a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
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`The examiner has required restriction between product and process claims.
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`Where applicant elects claims directed to the product, and the product claims are
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`Application/Control Number: 12/664,172
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`Page 7
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`Art Unit: 1612
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`subsequently found allowable, withdrawn process claims that depend from or otherwise
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`require all the limitations of the allowable product claim will be considered for rejoinder.
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`fl claims directed to a nonelected process invention must require all the limitations of
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`an allowable product claim for that process invention to be rejoined.
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`In the event of rejoinder, the requirement for restriction between the product
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`claims and the rejoined process claims will be withdrawn, and the rejoined process
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`claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to
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`be allowable, the rejoined claims must meet all criteria for patentability including the
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`requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product
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`are found allowable, an otherwise proper restriction requirement between product
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`claims and process claims may be maintained. Withdrawn process claims that are not
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`commensurate in scope with an allowable product claim will not be rejoined. See MPEP
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`§ 821 .04(b). Additionally, in order to retain the right to rejoinder in accordance with the
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`above policy, applicant is advised that the process claims should be amended during
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`prosecution to require the limitations of the product claims. Failure to do so may result
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`in a loss of the right to rejoinder. Further, note that the prohibition against double
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`patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement
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`is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
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`

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`Application/Control Number: 12/664,172
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`Page 8
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`Art Unit: 1612
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`W
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to MICHAEL COHEN whose telephone number is
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`(571)270-7402. The examiner can normally be reached on M-Th 8—6:30: F 10-4.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Frederick Krass can be reached on (571 )272-0580. The fax phone number
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`for the organization where this application or proceeding is assigned is 571 -273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
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`/M|CHAEL P COHEN/
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`Examiner
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`Art Unit 1612
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`/Gollamudi S. Kishore/
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`Primary Examiner, Art Unit 1612
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`