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
Responsive to reply of 5/5/2026
Claims pending 1,4-9,12-20
Claims withdrawn 18-20
Claims currently under consideration 1,4-9,12-17
Priority
The present application has a filing date of 03/23/2022 and has
PRO 63/165,651 filed 03/24/2021.
Withdrawn Objection(s) and/or Rejection(s)
All rejections from the previous action are hereby withdrawn in light of Applicant’s amendments.
Allowable Subject Matter
Claims 1,4-8 are allowed.
New Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 9,12-17 are rejected under 35 U.S.C. 102(a)(1 & 2) as being anticipated by Piasecki et al (US AppPub 20200062859).
Piasecki et al teach throughout the document and especially the abstract and paragraph 0384, diabodies or antibodies that bind TIGT with an affinity less than 5 nanomolar, whereas in document claims 256-257, Piasecki et al disclose a humanized antibody with a heavy chain comprising FTFSTYAMS of present SEQ ID 250 corresponding to SEQ ID 40 therein. The foregoing reads on claims 9,12,13,14,15,16 and 17.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHRISTOPHER M GROSS whose telephone number is (571)272-4446. The examiner can normally be reached M-F 10-6.
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, Heather Calamita can be reached on (571)272-2876. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER M GROSS/
Primary Examiner, Art Unit 1684
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