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 .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on July 24, 2025 was in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. The IDS was considered. A signed copy of form 1449 is enclosed herewith.
Response to Arguments
3. The rebuttal arguments filed on July 24, 2025 have been fully considered. The arguments are not persuasive in overcoming the outstanding ground of rejection which is maintained. Below are responses to Applicant’s remarks.
The claims were previously rejected under 35 USC 102(a)(1) as being anticipated by WO 2011130691. The reference teaches treatment of non-uveal solid tumor (eg. blue nevus on page 4) by administration of protein kinase inhibitor (eg. claim 26), wherein the tumor is detected to contain a mutation of GNAQ or GNA11 (abstract). The reference teaches the patient who does not have one or more activating BRAF or NRAS mutations (eg. paragraph [0025]).
Applicants argue that the reference teach protein kinase inhibitor for inhibiting proliferation of melanoma (blue nevi) – ie. treating melanoma – that has an activating mutation in exon 4 of a GNAQ gene or a GNA11 gene. However, Applicants argue that these mutations are taught to be in uveal melanoma and bue nevi and not in other types of cancer. This argument has been fully considered, however, it is not found to be persuasive. The reference explicitly teaches blue nevi which is a non-uveal tumor. As such it is maintained that the teaching in the reference anticipates the present claims for treating non-uveal solid tumor. Claims 37, 40 and 42 remain rejected.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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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/SUN JAE YOO/Primary Examiner, Art Unit 1621
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