DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 2, 2025 has been entered.
Response to Amendment
Claim listing filed on September 2, 2025 is pending. Claims 2-3, 5-6, 10-13, 15-16, 21-27, 31-32, 34-38, 42-44, and 46-50 are canceled. Claims 1 and 41 are amended. Claims 1, 4, 7-9, 14, 17-20, 28-30, 33, 39-41, and 45 are examined upon their merits.
Withdrawn Claim Rejections
Applicant’s cancelation of Claim 43 has rendered all previous rejections directed to this claim moot.
The rejection of Claims 1, 4, 7-9, 14, 17-20, 28-30, 33, 39-41, and 45 under 35 U.S.C. 112(a) as failing to comply with the written description and enablement requirements is withdrawn in view of Applicant’s amendments. Applicant removed “at least 98% identity” in Claim 1, and the claims are no longer directed to a genus of possible immunocytokines.
The rejection of Claim 41 under 35 U.S.C. 112(a) as failing to comply with the enablement requirement is withdrawn in view of Applicant’s amendments. Claim 41 is now directed to a method of treating melanoma.
Claim Rejections - 35 USC § 112 (New, necessitated by amendment)
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.
Claims 9, 19, and 33 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.
PNG
media_image1.png
203
590
media_image1.png
Greyscale
Claim 1 recites wherein the single-chain immunocytokine comprises a heavy chain variable domain comprising SEQ ID NO: 28, a light chain variable domain comprising SEQ ID NO: 29, and an IL-2 polypeptide comprising SEQ ID NO: 9. Claim 9 depends from Claim 1 and recites wherein the heavy chain comprises SEQ ID NO: 1. However, SEQ ID NO: 1 does not comprise SEQ ID NO: 28 as shown in the sequence alignment below (SEQ ID NO: 28 on the top line and SEQ ID NO: 1 on the bottom line):
Claim 19 depends from Claim 1 and recites wherein the light chain comprises SEQ ID NO: 2. However, SEQ ID NO: 2 does not comprise SEQ ID NO: 29 as shown in the sequence alignment below (SEQ ID NO: 29 on the top line and SEQ ID NO: 2 on the bottom line):
PNG
media_image2.png
202
586
media_image2.png
Greyscale
Claim 33 depends from Claim 1 and recites wherein the single-chain immunocytokine comprises any one of SEQ ID NOs: 3, 23, 24, 25, or 27. However, SEQ ID NOs: 3, 23, 24, 25, and 27 do not comprise SEQ ID NO: 28. Further, SEQ ID NOs: 3, 23, 24, and 25 do not comprise SEQ ID NO: 29.
The claims are rejected for failing to include all the limitations of Claim 1 upon which they depend. 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.
Allowable Subject Matter
Claims 1, 4, 7-8, 14, 17-18, 20, 28-30, 39-41, and 45 are allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH COOPER PATTERSON whose telephone number is (703)756-1991. The examiner can normally be reached Monday - Friday 8:00am - 5:00pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Stucker can be reached on (571) 272-0911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SARAH COOPER PATTERSON/Examiner, Art Unit 1675
/JEFFREY STUCKER/Supervisory Patent Examiner, Art Unit 1675