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Board felt that demonstrating efficacy in clinical trials was much easier with this new indication.
−Removed: Company’s lead brachytherapy products, including RadioGel™, incorporate patented technology developed for Battelle Memorial
−Removed: Institute (“ Battelle ”) at Pacific Northwest National Laboratory, a leading research institute for government and commercial
−Removed: Battelle has granted the Company an exclusive license to patents covering the manufacturing, processing and applications of
−Removed: RadioGel™ (the “ Battelle License ”).
−Removed: This exclusive license is to terminate upon the expiration of the last patent
−Removed: included in this agreement (May 2022).
−Removed: Other intellectual property protection includes proprietary production processes and trademark
−Removed: protection in 17 countries.
−Removed: original license with Battelle National Laboratory is reaching its end of life in 2022.
−Removed: During the past several years, in anticipation
−Removed: of this we have expanded our proprietary knowledge and our trademark and patent protection.
−Removed: have expanded our trademark protection from RadioGel to now include IsoPet.
−Removed: We obtained the International Certificate of Registration
−Removed: for ISOPET, which is the first step to file in several countries .
−Removed: Company received the Patent Cooperation Treaty (“PCT”) International Search Report
−Removed: on our patent application (No.1811.191).
−Removed: Seven of our claims were immediately ruled as having novelty, inventive step and industrial
−Removed: applicability.
−Removed: This gives us the basis to extend for many years the patent protection for our proprietary Yttrium-90 phosphate particles
−Removed: utilized in Isopet ® and Radiogel™.
−Removed: filed its particle patent in several countries and in parallel is
−Removed: pursuing amendments to increase the number of claims.
−Removed: addition to the United States of America, our new patent team filed in Canada, the European Union, Japan, Australia, Brazil, China, India,
−Removed: South Korea, and the Russian Eurasian (Russia, Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan,
−Removed: Tajikistan, and Turkmenistan) .
−Removed: have just filed a new provisional patent to protect our current and planned developments.
−Removed: It includes a summary of our improved hydrogel
−Removed: formulation and production process, the use of other particles incorporating other isotopes beyond Y-90, and the anti-circumvention techniques
−Removed: we discovered that would make it more difficult for competitors to engineer around our proprietary hydrogel with other hydrogels from
−Removed: our defensive effort we call our “knock-off red team exercise”.
−Removed: the provisional patent, we will file for utility patents on our polymer/hydrogel improvements.
−Removed: These include reducing
−Removed: the polymer production time and increasing the output by a factor of three.
−Removed: further reduced the level of trace contaminants to be well below the FDA guidelines.
−Removed: currently are developing a micro-injection system for
−Removed: small tumor therapy.
−Removed: This will provide more precise controls for treating cancerous thyroid lymph nodes.
−Removed: It will also be valuable if
−Removed: the company pursues other future indications for use that will require precise micro-injections, e.g.
−Removed: ocular melanoma, spinal tumors
−Removed: and brain cancers.
−Removed: Veterinary Hospital
+Added: original license with Battelle National Laboratory reached its end of life in 2022.
+Added: During the past several years, in anticipation of
+Added: this we have expanded our proprietary knowledge, our trademark and patent protection.
+Added: RadioGel trademark protection is in 17 countries.
+Added: We have expanded our trademark protection from RadioGel to now include IsoPet.
+Added: the International Certificate of Registration for ISOPET, which is the first step to file in several countries .
+Added: Company received the Patent Cooperation Treaty (“PCT”) International Search Report on our patent application (No.1811.191).
+Added: Seven of our claims were immediately ruled as having novelty, inventive step and industrial applicability.
+Added: This gives us the basis to
+Added: extend for many years the patent protection for our proprietary Yttrium-90 phosphate particles utilized in Isopet ® and
+Added: patent team filed our particle patent in more than ten patent offices that collectively cover 63 countries throughout the world.
+Added: a continuation-in-part applications number 1774054 in the USA to expand the claims on our
+Added: particle patent.
+Added: T he US Patent office recently gave us the Notice of Allowance for our patent
+Added: to produce our yttrium phosphate microparticles, US Patent Application Serial No:
+Added: We also filed an amendment to correct the wording on our claims at make them consistent with the
+Added: European Patent Application NO.
+Added: 20 834 229.5;
+Added: filed a hydrogel utility patent in the USA (16309:17/943,311) and internationally (16389:PCT/US22/4374) based on the last eighteen months
+Added: of development work to optimize our hydrogel component.
+Added: These include reducing the polymer production time and increasing the output
+Added: by a factor of three.
+Added: We have also further reduced the level of trace contaminants to be well below the FDA guidelines.
+Added: filed a provisional patent (Serial Number 63436562) to protect our innovative improvements in our shipping container, our vial shield,
+Added: our syringe shield, and our Peltier chiller.
+Added: Our objectives were to reduce shipping costs, decrease radiation exposure, and enhance sterility.
+Added: These devices will be preferentially used at Mayo Clinics for human clinical studies at and our IsoPet regional treatment centers.
+Added: anticipate that Precison Radionuclide Therapy will become increasingly important in the future and expand to other isotope and other
+Added: indications for use.
+Added: Therefore, we filed an alternate particle utility patent (Serial number 18/152,137).
+Added: Vivos Inc will focus its near-term
+Added: effort on the Yttrium-90 therapy, which we believe is the best beta emitter;
+Added: however, we leveraged
+Added: our hydrogel utility patent to incorporate other promising isotopes and compounds for a range of future applications.
+Added: This includes gamma
+Added: and alpha particle emitters.
+Added: Regional Clinics
+Added: currently have four regional therapy clinics:
+Added: Veterinary Hospital – Kennewick, WA
+Added: of Missouri – Columbia, MO
+Added: Hopkins University – Baltimore, MD
+Added: England Equine Practice – Patterson, NY
Veterinary Hospital (“ Vista ”) was selected as the pilot private clinic to initiate commercial sales of IsoPet ® .
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testing at the universities and at Vista Veterinary Hospital have demonstrated that IsoPet ® is effective on killing cancer
−Removed: tissue in close proximity to the injections.
+Added: tissue near the injections.
It is most effective in early cases before the cancer has begun to spread.
−Removed: Later stage cancers
−Removed: are more difficult to treat since the tendrils from the primary cancer site are not well defined and therefore can lead to recurrence.
+Added: Later stage cancers are more difficult
+Added: to treat since the tendrils from the primary cancer site are not well defined and therefore can lead to recurrence.
have been 115 expressions of interest in IsoPet ® therapy from across the United States, but only about 10% of these were
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This approach is very cost effective.
−Removed: Hopkins University VCTN, Veterinary Clinical Trials Network, is now an Isopet ®
−Removed: regional clinic.
−Removed: Additionally, Johns Hopkins will also perform new Isopet® animal studies
−Removed: on various specific cancers.
−Removed: They have the required radioactive material license and have completed their training certification for
−Removed: This important relationship will also help meet our objective of obtaining high quality data on a range of cancers
−Removed: that can be published in leading journals.
−Removed: These publications are the optimal way to increase awareness of Isopet® and to gain broader
−Removed: acceptance from the veterinarian/oncology community.
−Removed: currently are working with the NY Surgical Center on Long Island to become a new IsoPet Regional Center.
−Removed: They have completed their certification
−Removed: training and have submitted their Radioactive Material Handling License application to the NY regulators.
−Removed: Aside from the normal solid
−Removed: tumor therapy they are interested in treating the margins for resected tumors and to use their surgical techniques to treat tumors deep
−Removed: within the body, such as bladder cancers.
+Added: Hopkins University VCTN, Veterinary Clinical Trials Network, is now an Isopet ® regional clinic.
+Added: Additionally, Johns Hopkins
+Added: will also perform new Isopet® animal studies on various specific cancers.
+Added: They have the required radioactive material license and
+Added: have completed their training certification for Isopet®.
+Added: This important relationship will also help meet our objective of obtaining
+Added: high quality data on a range of cancers that can be published in leading journals.
+Added: These publications are the optimal way to increase
+Added: awareness of Isopet® and to gain broader acceptance from the veterinarian/oncology community.
+Added: objective is to open several regional clinics by the end of 2023 and to participate in a minimum of four conferences to spread the word
+Added: about IsoPet in the veterinarian community for treating tumors in small animals and horses.
+Added: We created a Marketing Steering Board to
+Added: provide advice on obtaining new pet patients.
has a long regulatory history with the Food and Drug Administration (“ FDA ”).
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the Company much time in the review of that future application.
−Removed: on advice from the FDA the Company has scheduled a Pre-Submission meeting on November 30, 2021 to
−Removed: discuss a draft of an Investigational Device Exemptions (IDEs) for Early Feasibility Medical Device Clinical Studies, Including Certain
−Removed: First in Human (FIH) Studies.
−Removed: Using this process results in more rapid feedback to prepare the final IDE.
+Added: on advice from the FDA the Company has scheduled a Pre-Submission meeting on November 30, 2021 to discuss a draft of an Investigational
+Added: Device Exemptions (IDEs) for Early Feasibility Medical Device Clinical Studies, Including Certain First in Human (FIH) Studies.
+Added: this process results in more rapid feedback to prepare the final IDE.
FDA was very supportive and had suggested this Q-Submission path for rapid turnaround and dialog.
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dedicated to the details of the dosimetry calculations.
−Removed: parallel the Company working with the Mayo Clinic’s principal investigators to improve the clinical trial protocol for their Institutional
−Removed: Review Board.
+Added: May of 2022 the Company held another Pre-Sub meeting with the FDA.
+Added: They concurred with our dosimetry techniques and requested one more
+Added: animal test to confirm that the Y-90 stays at the injection site.
+Added: We will be proposed a Pre-Sub meeting to discuss this new animal test
+Added: of VX-2 tumors in rabbits at Johns Hopkins University.
+Added: We have a meeting scheduled with the FDA in October to obtain their feedback on
+Added: our new animal test plan.
+Added: In the meantime, the Company is working to complete all the other required pre-clinical testing, such as biocompatibility
+Added: since they are required for the submittal of the IDE.
+Added: held another Pre-Sub meeting with the FDA on October 17, 2022 to obtain detailed feedback on the proposed VX-2/Rabbit Animal Test Plan
+Added: and to submit the Risk Management Report.
+Added: The RMR analyzed all hypothetical scenarios and concluded that RadioGel is inherently safe.
+Added: parallel the Company is working with the Mayo Clinic’s principal investigators to improve the clinical trial protocol for their
+Added: Institutional Review Board.
MAB selected eighteen applications for RadioGel™, each of which meet the criteria described above.
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and recurrent papillary thyroid carcinoma.
−Removed: We anticipate that this initial application will facilitate each subsequent application for
−Removed: additional Indications for Use, and the testing for many of the subsequent applications could be conducted in parallel, depending on
−Removed: available resources.
+Added: anticipate that this initial application will facilitate each subsequent application for additional s Indications for Use.
+Added: second indication for use we intend to applied for a broad indication for use, which would target to obtain approval to treat all solid
Company’s stock offering under Regulation A+ was qualified by the Securities and Exchange Commission (“SEC”) on June
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for a maximum of $5,000,000.
−Removed: Company’s initial Regulation A+ raised approximately $4,000,000 from the sale of shares under Regulation A+, and intends to use
−Removed: the proceeds generated as follows:
+Added: The Company amended this and was able to raise $1,200,000 in July 2022 at $0.08 per share (15,000,0000 shares)
+Added: and sold 20,000,000 warrants for $20,000.
+Added: An amended Regulation A+ was filed in October 2022 to raise the remaining $3,800,000 of the
+Added: Company’s Regulation A+’s raised approximately $5,200,000 from the sale of shares and is using the proceeds generated as
the animal therapy market:
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The Company’s headquarters are in Northeast Washington however there focus
−Removed: of the animal therapy market has been the Northwestern sector of the United States, the initial epicenter of the COVID-19 outbreak in
−Removed: the United States.
−Removed: The Company has started to in recent weeks to continue their marketing to the animal therapy market and attempt to
−Removed: increase the exposure to their product and generate revenue accordingly.
+Added: of the animal therapy market has been the Northwestern sector of the United States.
+Added: The Company continues their marketing to the animal
+Added: therapy market and attempt to increase the exposure to their product and generate revenue accordingly.
of December 31, 2022, the Company has $1,706,065 cash on hand.
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is determined by the dose prescribed by the doctor.
−Removed: is shipped in two containers, one with a solution of the gel and the other with a solution of the particles.
−Removed: Before shipment they are
−Removed: subjected to sterility testing, again by strict procedures.
−Removed: The vial with the Y-90 is put through a special radiation calibrator, which
−Removed: measures beta particles.
−Removed: The vials can be shipped via FedEx or UPS by following the proper protocols.
−Removed: user receives the two vials.
−Removed: The solution containing the RadioGel ™ is mixed with the solution containing the Y-90 particles.
−Removed: This is then shaken to ensure homogeneity and withdrawn into a syringe.
−Removed: The quantities that are mixed are calculated from the information
−Removed: on the product label.
+Added: – RTU, Ready to Use
+Added: Inc now pre-mixes the particle solution and the hydrogel and places the RTU IsoPet in standard size vials.
+Added: This innovation is cost effective
+Added: and reduces the probability of any accidental spills or biological contamination at the therapy sites.
+Added: It also simplified the certification
+Added: training for new regional clinics.
+Added: vials are shipped via FedEx or UPS by following the proper protocols.
+Added: quantities and activities are in the information on the product label.
specific injection technique depends on the Indication for Use.
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is currently fully developed, requiring only FDA approval before commercialization.
+Added: on the FDA’s ruling of RadioGel ™ as a device, the Company incorporated the FDA suggestions and has invested in
+Added: the pre-clinical testing required for IDE submittal.
+Added: This included two years of effort on biocompatibility testing.
+Added: The last remaining
+Added: animal test has been designed and has begun the initial scoping phase.
+Added: is currently fully developed, requiring only FDA approval before commercialization.
The Company has been seeking FDA approval of
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cancers, without sufficient supporting data.
−Removed: on the FDA’s ruling of RadioGel ™ as a device, the Company is currently developing test plans to address issues
−Removed: raised in the Company’s prior FDA submittal regarding RadioGel ™ .
−Removed: The Company intends to request FDA approval to
−Removed: submit RadioGel™ for de novo classification, which would reclassify the device from a Class III device to a Class II device
−Removed: and accelerate the regulatory approval path.
−Removed: analyzing the Company’s data and the last five years of communication from the FDA, the Company has taken the following steps:
−Removed: new leadership, the Company is implementing all past recommendations from the FDA.
−Removed: The Company intends to narrow the Indications
−Removed: for Use, will provide test plans for FDA review to respond to answer all previous FDA questions, and will request a pre-submission
−Removed: a pre-submission request document and FDA meeting request to obtain feedback on the test plans in order to initiate testing, to present
−Removed: the proposed content for the final application and to request permission to submit a de novo;
−Removed: an Investigational Device Exemption (“ IDE ”) to obtain permission to conduct human clinical studies;
−Removed: a de novo or Pre-Market Approval application.
−Removed: critical path is the required testing – in vitro, animal testing, human clinical studies – all of which is resource dependent.
−Removed: previous submittals, the Company proposed applying a very broad range of cancer therapies, referred to as Indications for Use, to RadioGel ™ .
−Removed: The FDA has strongly advised the Company to reduce its Indications for Use.
−Removed: To comply with that request, the Company has expanded its
−Removed: MAB, consisting of Drs.
−Removed: Pressman (Chairman), Albert DeNittis, and Howard Sandler.
−Removed: MAB evaluated the candidate cancer therapies based on three criteria:
−Removed: (i) the potential for FDA approval and successful therapy;
−Removed: notable advantages of RadioGel ™ over current therapies;
−Removed: and (iii) the likelihood that RadioGel ™ can
−Removed: be widely accepted by the medical community and profitably commercialized.
−Removed: MAB selected eighteen Indications for Use for RadioGel ™ , each of which meets the above-mentioned criteria.
−Removed: These eighteen
−Removed: Indications for Use are listed below.
−Removed: This large number confirms the wide applicability of the device and defines the path for future
−Removed: The Company intends to apply to the FDA for a single Indication for Use, followed by subsequent applications for additional Indications
−Removed: The initial application should facilitate each subsequent application, and the testing for many of the subsequent applications
−Removed: could be conducted in parallel, depending on available resources.
−Removed: Non-dendritic
−Removed: cancers – several types
−Removed: Gynecological
−Removed: and neck (including sino-nasal and oropharyngeal)
−Removed: cancer resection cavity
are approximately 150 million pet dogs and cats in the United States.
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The Company obtains supplies, hardware, handling equipment and packaging from several different U.S.
−Removed: 2021, utilized Akina, Inc.
+Added: 2021, the Company engaged Akina, Inc.
as an alternate supplier of its hydrogel polymer component.
+Added: We have now expanded to include SciPoly
+Added: as another alternate polymer supplier.
+Added: the future we will be looking to qualify an alternative particle supplier.
Company anticipates that potential customers for our potential brachytherapy products likely would include those institutions and individuals
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.