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
Claims 1-3, 6-7, 9-11, 14-15, and 17-18 are pending.
Rejections Withdrawn
The objections of claims 1-3, 6-11, and 14-16 are withdrawn in view of claim amendment.
The rejection of instant claims 8 and 16 under 35 USC § 112(d) are withdrawn in view of claim amendment.
Claim interpretation
The methods of claims 1 and 9 recite, “selectively targeting immune-specific cannabinoid receptor CB1 in immune cells via delivery of an agonist to the immune cells and selectively activating immune-specific cannabinoid receptor CB1 in the immune cells via the agonist” which is interpreted as activating only cannabinoid receptor CB1 on immune cells with a CB1 agonist wherein the non-immune cells are not activated with the CB1 agonist and other receptors that include CB2 are also not activated by the CB1 agonist.
The methods of claims 17 and 18 recite, “selectively targeting hematopoietic-specific cannabinoid receptor CB1 in hematopoietic cells via delivery of an agonist to the hematopoietic cells and selectively activating hematopoietic-specific cannabinoid receptor CB1 in the hematopoietic cells via the agonist” which is interpreted as activating only cannabinoid receptor CB1 on hematopoietic cells with a CB1 agonist wherein the non-hematopoietic cells are not activated with the CB1 agonist and other receptors that include CB2 are also not activated by the CB1 agonist.
Claim Rejections U.S.C. §112(d)
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.
Claims 2-3, 6-7, 10-11, and 14-15 are 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. Claims 2-3, 6-7, 10-11, and 14-15 recite outcomes of the claimed methods of claim 1 and 9, but do not have active method steps that further narrow the claimed methods. The claimed methods of claims 1 and 9 have been shown to demonstrate the effects recited in claims 2-3, 6-7, 10-11, and 14-15, but there are no further steps that individually vary the effects recited in claims 2-3, 6-7, 10-11, and 14-15. Thus, claims 2-3, 6-7, 10-11, and 14-15 do not further narrow claims 1 and 9. 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.
Conclusion
Claims 2-3, 6-7, 10-11, and 14-15 are rejected. Claims 1, 9, and 17-18 have allowable subject matter.
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/J.J.S./ Examiner, Art Unit 1643
/Karen A. Canella/ Primary Examiner, Art Unit 1643