DETAILED ACTION
This action is in reply to papers filed 1/22/2026. Claims 41-45, 48-52, 54, 61 and 63-64 are pending with claims 41-45, 48-52, 61 and 63 are examined herein.
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 .
Examiner’s Note
All paragraph numbers throughout this office action, unless otherwise noted, are from the US PGPub of this application US20200370015A1, Published 11/26/2020.
Maintained Rejection(s)
The 112 (b) rejection of claims 41-45, 48-52, 61 and 63 is maintained. Applicant’s arguments will be addressed following maintained rejection.
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 41-45, 48-52, 61 and 63 remain 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.
Claim 41 has been amended to recite "on day one of culture” in the last line. There is insufficient antecedent basis for this limitation in the claim. Note that there is no previous recitation of a culture period in the claim. Dependent claims 42-45, 48-52, 61 and 63 are included in this rejection as they fail to resolve the lack of antecedent basis issue of claim 41.
Clarification is requested.
Applicant’s Arguments/Response to Arguments
Applicant argues: Amendments made to claim 41 render the issue of indefiniteness moot.
In Response: Applicant’s arguments have been fully considered, but are not found persuasive. Note that Examiner previously indicated that claim 41 was rejected as being indefinite because there was no recitation of a culture period. Applicant’s amendment has not overcome this issue. In order to remedy this issue, Examiner suggests Applicant amend claim 41 such that the claim recites, inter alia, starting from the second line “…erythroid progenitors comprising culturing human hematopoietic stem cells in a cell culture..” or something similar.
Because Applicant’s arguments were not found persuasive, the rejection is maintained.
Authorization to Initiate Electronic Communications
The examiner may not initiate communications via electronic mail unless and until applicants authorize such communications in writing within the official record of the patent application. See M.P.E.P. § 502.03, part II. If not already provided, Applicants may wish to consider supplying such written authorization in response to this Office action, as negotiations toward allowability are more easily conducted via e-mail than by facsimile transmission (the PTO's default electronic-communication method). A sample authorization is available at § 502.03, part II.
Conclusion
No claim is allowed.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TITILAYO MOLOYE/ Primary Examiner, Art Unit 1632
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