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 .
Amendment after Non-final office action filed on March 16, 2026 is acknowledged.
Claims 1-15 are pending in this application.
Applicant elected Group 1 (claims 1-9) and elected the species DMH13 (
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) as the species of the compound in the reply filed on August 25, 2025. Because Applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election had been treated as an election without traverse (MPEP 818.01(a)). Restriction was deemed to be proper and was made FINAL in the previous office action. Claims 10-15 remain withdrawn from consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim. Claims 1-9 are examined on the merits in this office action.
This application contains claims 10-15, drawn to an invention nonelected without traverse in the paper of 8/25/2025. A complete reply to the final rejection must include cancellation of nonelected claims or other appropriate action (37 CFR 1.144). See MPEP § 821.01.
The Examiner placed a telephone call to the Applicant’s representative on May 11, 2026. The Examiner has not received any phone calls from the Applicant’s representative. Due to the time constraint, a FINAL office action is set forth herein.
Withdrawn Objections and Rejections
Objection to the abstract is hereby withdrawn in view of Applicant’s amendment to the abstract.
Objections to the specification is hereby withdrawn in view of Applicant’s amendment to the specification.
Objection to claim 1 is hereby withdrawn in view of Applicant’s amendment to the claim.
Objection to claim 7 is hereby withdrawn in view of the Applicant’s argument. The Examiner made an error in objecting to claim 7. The objection should have been made to claim 6. The objection is set forth below.
Rejection of claim 1 under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, is hereby withdrawn in view of Applicant’s amendment to the claim.
Rejection of claims 1-9 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph (written description), is hereby withdrawn in view of Applicant’s amendment to the claims.
Please note, the specification has not been checked to the extent necessary to determine the presence of all possible error. Applicant's cooperation is required in correcting any errors of which applicant may become aware in the specification. MPEP § 608.01.
Maintained Rejection
U.S.C. 112(b)
12. 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.
13. Claims 1-9 remain 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.
14. Claim 1 recites, “A peptide dendrimer of formula 1, (D3)8-(B3-D2)4-(B2-D1)2-B1-Z (1) with Z being -X(Y1) (1a), -X(Y2)X(Y2) (1b), -X(Y3)Cys (1c), -HP (1d), or -X(Y4)Ala…each B is Lys, each D independently from any other D is a dipeptide…” It is unclear what (1a), (1b), (1c), (1d) are referring to since the recitations are not defined in the claim. Additionally, it is unclear what D3, B3, D2, B2, D1, B1 are referring to since these are not defined in the claim. Furthermore, the recitation of “the sum of w is…” is unclear in relation to the
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. It is unclear what the “sum of w” is referring to. The claim is not clearly defined, therefore, the metes and bounds of the claim is unclear. For example, it is unclear if D3 implies a variable D3 (which is not defined in the claim as is), if D3 implies DDD (i.e., D three times) and so on. Because claims 2-9 depend from claim 1 without clarifying the point of confusion, these claims are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Response to Applicant’s Arguments
15. Applicant argues the following:
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16. Applicant’s arguments have been fully considered but are not found persuasive. In regards to (1a), (1b), (1c), (1d), Applicant has not clarified the confusion. It is unclear if (1a), (1b) and so on are part of the formula of Z, e.g., Z is -X(Y1) (1a). Applicant is recommended to remove or delete the recitation of (1a), (1b), (1c) and (1d), since these do not add anything to the claims, but add to the confusion. In regards to D3, B3, D2, B2, D1, B1, the claims has not been amended in such a way as to clarify that the “numbers refer to the location in the dendrimeric structure. 1 is the first branching, 2 the second 3 the third.” The claims still do not define what to D3, B3, D2, B2, D1, B1 are referring to. Unlike the Y1, Y2, Y3 being recited in the claim, with Y1, Y2, Y3 and so on being clearly defined as being a certain structure, these variables (D3, B3, D2, B2, D1, B1) are not clearly defined but recited as “each B” and “each D”. These should be defined in the claims as D3 is “this”, D2 is “that”, and so on. Applicant has not clarified the point of confusion by clearly defining each and every variable in the formula (1), therefore, the rejection is deemed to be proper and is maintained herein.
New Objection
The Examiner made an error in the previous office action and objected claim 7. Claim 6 should have been objected.
17. Claim 6 is objected to for the following: Claim 6 has multiple periods in the claim. A claim can only have one (1) period at the end of the claim.
Closest Art of Interest
The closest art of interest were cited in the previous office action. Heitz et al (CHIMIA, 2017, 71(4): 220-226, filed with IDS) and Darbre et al (US Patent No. 10336792, cited in the previous office action).
CONCLUSION
No claim is allowed.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE HA whose telephone number is (571)272-5982. The examiner can normally be reached Monday-Thursday 5:00 am- 6:30 pm 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, LIANKO GARYU can be reached at 571-270-7367. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIE HA/Primary Examiner, Art Unit 1654
5/11/2026
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