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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 7/1/2026 has been entered.
Claims 2-4, 8, 11-14, 17-18, 21, 24, 26-32, 34-35, and 38-41 have been cancelled.
Claims 1, 5-6, 10, 15-16, 19-20, 23, 25, 33, 36-37, and 42 are allowable for reasons of record.
Claim Rejections - 35 USC § 112
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.
Claims 7 and 9 are 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.
Claims 7 recites “at least one therapeutic agent selected from the group consisting of anti-hypertensive drugs 1,25-dihydroxyvitamin D3, erythropoietin, angiotensin converting enzyme inhibitors, angiotensin II receptor antagonists AST-120, and calcium polystyrene sulfonate, and/or with one therapeutic procedure selected from the group consisting of dialysis and kidney transplantation.” As written, the claim appears to indicate that 1,25-dihydroxyvitamin D3 is an anti-hypertensive drug. It is not. As written, the claim appears to indicate that AST-120 is an angiotensin II receptor antagonist. It is not. See specification pages 30-31. The claim is confusing. The claim is further confusing in administering the recited antibody “with one therapeutic with one therapeutic procedure selected from the group consisting of dialysis and kidney transplantation.” As written this appears to mean that the antibody is administered during dialysis or during kidney transplantation. Clarification is requested.
Claim 9 is indefinite as it does not make clear what therapeutic effect must occur during the “at least one therapeutic procedure”. The claim does not identify any therapeutic procedures. Clarification is requested.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIANNE P ALLEN whose telephone number is (571)272-0712. The examiner can normally be reached 7:00-3:30 EST Monday-Friday.
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/Marianne P Allen/Primary Examiner, Art Unit 1647
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