DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 20 July 2026 has been entered.
Status of the Application, Amendments, and/or Claims
3. Claims 1, 62-64, 67-68, 80-81 and 88-89 are pending and the subject of this Office action.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 20 July 2026 has been considered by the examiner.
Claim Objections
5. Claim 1 is objected to because of the following informalities: In line 2, the limitation “(hereinafter “VEGF”) should recite “(VEGF)”, in lines 2-3 the limitation “(hereinafter “PDGF”)” should recite “(PDGF)”, and in line 4, the limitation “(“VEGFR”)” should recite “(VEGFR)”. Appropriate correction is required.
6. Claim 81 is objected to because of the following informalities: In line 2, the limitation “(hereinafter “VEGF”) should recite “(VEGF)”, in lines 2-3 the limitation “(hereinafter “PDGF”)” should recite “(PDGF)”, and in line 3, the limitation “(“VEGFR”)” should recite “(VEGFR)”. Appropriate correction is required.
7. In claim 81, the limitation “a first immunoglobulin (Ig)-like domain comprising an amino acid sequence of D2 from VEGFR-1 of SEQ ID NO: 34; and a second Ig-like domain comprising an amino acid sequence of D3 from VEGFR- 2 of SEQ ID NO: 35” should read “a first immunoglobulin (Ig)-like domain comprising D2 from VEGFR-1 comprising the amino acid sequence of SEQ ID NO: 34; and a second Ig-like domain comprising D3 from VEGFR- 2 comprising the amino acid sequence of SEQ ID NO: 35”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
8. The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
9. Claim 62 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. In the instant case, claim 62 recites “wherein the extracellular trap segment of VEGFR comprises two or more of Ig-like domains D1-D7”. However, since claim 1, from which claim 62 depends, already recites an “extracellular trap segment comprising at least one immunoglobulin (Ig)-like domain from at least two different VEGFRs selected from: human VEGFR-1, human VEGFR-2 and human VEGFR-3”, and domains D1-D7 are the only Ig-like domains of a VEGFR. Therefore claim 62 fails to further limit the subject matter of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Summary
10. Claims 63-64, 67-68, 80 and 88-89 are allowed;
Claim 62 stands rejected; and
Claims 1 and 81 are objected to.
Advisory Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JON M LOCKARD whose telephone number is (571) 272-2717. The examiner can normally be reached M-F 9-6 EST.
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/JON M LOCKARD/Examiner, Art Unit 1647 July 25, 2026