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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/597,488
`
`01/07/2022
`
`Andrew W.Vail
`
`82218US008
`
`3999
`
`7590
`200642
`MRG/Solventum
`
`09/24/2024
`
`c/o Mueting Raasch Group
`111 WASHINGTONAVE. S., SUITE 700
`MINNEAPOLIS, MN 55401
`
`EXAMINER
`
`PURDY, KYLE A
`
`ART UNIT
`1611
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/24/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`IPDocketing @ Solventum.com
`ptodocketing @mrgs.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`17/597 ,488
`Vail et al.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`KYLE A PURDY
`1611
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 8/20/2024.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-15 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-15 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J 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).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)7) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.1.) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) [[] Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240920
`
`

`

`Application/Control Number: 17/597,488
`Art Unit: 1611
`
`Page 2
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`DETAILED ACTION
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`Status ofApplication
`1. The Examiner acknowledges receipt of the amendmentsfiled on 8/20/2024 wherein claim
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`1,5,9, 14 and 15 have been amended.
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`2. Claims 1-15 are presented for examination on the merits. The following rejections are
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`made.
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`Response to Applicants’ Arguments
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`3. Applicant’s amendments filed 8/20/2024 overcomethe rejection of claims 6-10 made by
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`the Examiner under 35 USC 112(b). This rejection is withdrawn.
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`4. Applicant’s arguments filed 8/20/2024 regarding the rejection of claims 1-15 made by the
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`Examiner under 35 USC 103 over Swansonetal. (US 2016/0115430) in view of Bothof etal.
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`(US 2015/0136698) have been fully considered but they are not found persuasive andis
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`MAINTAINEDfor the reasons of recordin the office action mailed on 4/22/2024.
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`5. In regards to the 103 rejection, Applicantasserts the following:
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`A) Bothof does not describe crosslinking amine-reactive polyepoxy compounds having
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`pendant OH groups. Moreover,the instant invention hasidentified unexpected results
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`whenusing crosslinking with a compound possessing pendant OH groups.
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`6. In response to A, the Examineris not persuaded. The section of Bothof pointed to by
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`Applicantis the relevant section relating to polyepoxy crosslinking compounds. However,
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`contrary to Applicant’s assertion this section describes amine-reactive polyepoxy compounds
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`having pendant OH groups. It describes polyglycidyl ethers of aliphatic alcohols suchas glycerol
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`whichis readable on the glycerol diglycidy] ether pointed to in the argumentsas yielding
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`unexpected results. [0072] also teaches that epoxy crosslinking compounds can include
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`

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`Application/Control Number: 17/597,488
`Art Unit: 1611
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`Page 3
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`polyglycidyl derivatives of polyhydric phenols such as trakis(4-hydroxyphenyl)ethane,
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`pyrocatechol, resorcinol, hydroquinone, 4,4'-dihydroxydiphenyl methane, 4,4'dihydroxydiphenyl
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`dimethyl methane, 4,4'-dihydroxy-3,3'-dimethyldipheny1 methane, 4,4'-dihydroxydiphenyl
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`methyl! methane, 4,4'-dihydroxydiphenyl cyclohexane, 4,4'-dihydroxy-3,3'-dimethyldipheny]
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`propane, 4,4'-dihydroxydiphenyl sulfone, andtris-(4-hydroxyphenyl)methane (emphasis
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`Examiners). These crosslinking reagents possess at least one pendant OH groups as required by
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`Applicant’s claims. Thus, the use of hydroxy containing polyepoxycrosslinking agents is known
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`in the art to be suitable for crosslinking a guanidiny! polymerto a substrate surface (see [0021
`
`and 0094]) and would have been obvious to use in Swanson’s invention.
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`7. Swanson teaches that their guanidin yl-containing polymeris to be crosslinked with a
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`substrate surface via a crosslinking agent capable of reacting with the amino groupsof the
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`polymer(see [0046]) such as glycidyl containing actives such as polyglycidylethers. Bothof
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`teaches the use of polyglycidylethers in addition to the OH containing crosslinking agents
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`discussed above undersection 6. The substitution of a known equivalent (amine-reactive
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`polyepoxy compounds having pendant OH groups for polyglycidylethers) to achieve the same
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`purpose (crosslinking the guanidinyl polymerto the substrate surface) is indicia of obviousness.
`
`See MPEP 2144.06(I1) and 2143(1)(B). Additionally, the selection of a known material (glycerol
`
`diglycidyl ether) would have been obvious based on its suitability for its intended purpose
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`(crosslinking). See MPEP 2144.07.
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`

`

`Application/Control Number: 17/597,488
`Art Unit: 1611
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`Page 4
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`Maintained Rejections, of Record
`Claim Rejections - 35 USC § 103
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`8. In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (oras subject to pre-AJA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new groundofrejection if the priorart
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`relied upon, andthe rationale supporting the rejection, would be the same undereitherstatus.
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`9. The followingis a quotation of 35 U.S.C. 103 which formsthebasis for all obviousness
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`rejections set forth in this Office action:
`
`A patent fora 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 andthepriorart
`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.
`
`10. Claims 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swanson
`
`et al. (US 2016/0115430) in view of Bothofet al. (US 2015/0136698).
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`11.Swanson describes a cationic guanidinyl-containing polymer wipe (see instant claim 14)
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`(‘substrate’) wherein the guanidinyl componenthasthe followingstructure:
`
` Poahrner
`
`“ (see [0030]) (see instant claim 1). The guanidinyl-
`
`containing polymeris crosslinked and boundto the substrate (see abstract) wherein the
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`crosslinking of the polymerto the substrate is achieved via reaction of the amino containing
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`polymer (polyethyleneimine; see [0034]) (see instant claims 8 and 9) and polyglycidylethers
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`such as ethylene glycol diglycidyl ether and butanediol diglycidy] ether (see [0046]). Swanson
`
`teaches that the wipe substrate is to be porous (see [0081, 0082]) (see instant claim 12) and may
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`be formed from polymerssuch as polymethacrylates, polymethacrylamides and so on (see
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`

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`Application/Control Number: 17/597,488
`Art Unit: 1611
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`Page 5
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`[0083]) (see instant claim 11). That cationic guanidinyl-containing polymeris to be disposed on
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`the surface of the substrate wipe as a coating (see abstract).
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`12. Regarding instant claims 6, 7 and 10, Swanson teachesthat he guanidinyl-containing
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`polymersare prepared by the reaction of an amino-containing polymer with a guanylating agent
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`such that the amino groups of the amino-containing polymer can be reacted where between 0.1
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`mole % up to 100% of the amino groupsare reacted with the guany lating agent (see [0040]).
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`13. Regarding instant claim 14, the method of using the wipein the presence ofa liquid and
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`contacting the wipe with an area of a contaminated solid surface is suggested by Swanson (see
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`[0012, 0093, 0095, 0105]).
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`14. Swansonfails to teach the amine-reactive polyepoxycrosslinking agent as having
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`pendant -OHgroups.
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`15. Bothofis directed to guanidiny1ligand functionalized polymers and substrates bearing a
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`grafted coating of the ligand-functional polymers (see abstract) wherein the guanidinyl
`
`
`functionalized polymerhas the following structure: et
`
`(see
`
`[0023]). The guanidinyl functionalized polymeris to be grafted to a substrate surface having
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`disposed on the surface a reaction product of a polyamine and a polyfunctional crosslinking
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`agent (see [0022]) to which the guanidiny! polymeris then grafted to (see [0023]). An
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`exemplified polyamine is polyethyleneimine (see [0063]) and exemplified polyfunctional
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`crosslinking agents include polyglycidy] ethers of aliphatic alcohols such as glycerol, ethylene
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`glycol and butanediol (see [0072]). It is noted that Swanson (see abo ve) suggests butanediol
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`diglycidy] ether and ethylene glycol diglycidyl ether. The substitution of a known equivalentto
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`achieve the same purpose(crosslinker) is indicia of obviousness. See MPEP 2144.06(II) and
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`

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`Application/Control Number: 17/597,488
`Art Unit: 1611
`
`Page 6
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`2143(1)(B). Additionally, the selection of a known material (glycerol diglycidyl ether) would
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`have been obvious based onits suitability for its intended purpose (crosslinking). See MPEP
`
`2144.07.
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`16. Bothof teaches that the polyethyleneimine wasreacted/crosslinked with butanediol
`
`diglycidy] ether such that 5 mol% of the amine groups of the polymer werereacted with the
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`diglycidyl ether compound(see [0124]). Additionally, [0125] teaches that 10% of the amine
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`groups of the polyamine polymercan be reacted with the diglycidyl ether compound.It is noted
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`that these values encompass instant claim 2. However, it is broadly understoodthat the degree to
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`which the amino groups react with the amine-reactive polyepoxy compoundis adjustable and
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`subject to optimization. Regarding instant claim 3 and the aminopolymer occupying 50 mol% of
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`the polyepoxy(the diglycidyl compound) pendant -OH groups, given that the general framework
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`of the claimed inventionis described by the combination of Swanson and Bothof, manipulation
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`of the mol% of the amino groups being reacted with the pendant hydroxyl groups would have
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`been an obvious adjustment/manipulation. See MPEP 2144.05(ID(A) whichstates that
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`differences in concentration or temperature will not support patentability of subject matter
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`encompassed bythepriorart unless there is evidence indicating such concentration as critical.
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`17. Therefore, the invention as a whole is prima facie obviousto one of ordinary skill in the
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`art at the time the invention was filed, as evidencedby the references, especially in absence of
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`evidence to the contrary.
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`18. THIS ACTION IS MADEFINAL. Applicant is reminded of the extension of time
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`Conclusion
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`policy as set forth in 37 CFR 1.136(a).
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`

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`Application/Control Number: 17/597,488
`Art Unit: 1611
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`Page 7
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`19.A shortenedstatutory period for reply to this final action is set to expire THREE
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`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
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`MONTHSofthe mailing date of this final action and the advisoryaction is not mailed until after
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`the end of the THREE-MONTHshortenedstatutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
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`however,will the statutory period for reply expire later than SLX MONTHSfrom the mailing
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`date of this final action.
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`20. Any inquiry concerning this communication or earlier communications from the
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`examinershould be directed to KYLE A PURDYwhose telephone numberis (571)270-3504.
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`The examiner can normally be reached from 9AM to 5PM.
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`21. If attempts to reach the examinerby telephone are unsuccessful, the examiner's
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`supervisor, Bethany Barham, can bereached on 571-272-6175. The fax phone numberfor the
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`organization wherethis application or proceeding is assigned is 571-273-8300.
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`22. Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`maybe obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information ab out the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197(toll-free).
`
`/KYLE A PURDY/
`Primary Examiner, Art Unit 1611
`
`