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 .
DETAILED ACTION
Review of Claim Status
Claims 1-3, 5-8, 10-17, and 19-21 are pending.
Priority Status
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Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55; the EFD for this application is 05/04/2018.
Information Disclosure Statement
Examiner acknowledged IDS(s) submission (04/24/2025) in prior Office Action.
Drawings
Examiner acknowledged submission (11/04/2020) in prior Office Action.
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 1-2, 5-8, 10-17, and 19-21 are 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.
Furthermore, Claim 1 have the following issues:
The phrases “pteridine family of drugs”, analogs of SN-38,” “thiol groups or derivatives thereof,” and “groups reactive in the Pictet- Spengler ligation and hydrazino- Pictet- Spengler (HIPS) ligation,” renders the claims indefinite because it is unclear whether the limitations following the phrase is a necessary part of the claimed invention and what precise structures read on such limitations.. See MPEP § 2173.05(h).II. For example, what is the structure of a “reactive” group, or a “derivative”. There is no guidance provided by the specification to the structure of these terms. See also, claim 10 – “family of drugs”, “peteridine family”, “analogs” – which drugs are in the family, structurally what is an analog and where does the structure begin and end? One cannot make this determination and there is more than one interpretation.
Claim Objection
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusions
Claims 1-2, 5-8, 10-17, and 19-21 are rejected. Claim 3 is objected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josmalen M. Ramos-Lewis whose telephone number is (571)272-0084. The examiner can normally be reached M-F 9:30-5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton A. Brooks can be reached at (571) 270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Josmalen M. Ramos-Lewis, Ph.D.
Patent Examiner
Art Unit 1621
/CLINTON A BROOKS/Supervisory Patent Examiner, Art Unit 1621