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 .
Election/Restrictions
Applicant’s election of XXVI in the reply filed on October 10, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Applicant elected the species election in a phone interview on November 26, 2025. Applicants elect the species according to conjugate D in paragraph 182-184 and claim 4 (i.e. formula IV). Formula (IV) = (Xo-L)n – P – (V-Ym)q wherein X = fluorescein which is xanthene in claim 6. The n = 23, o=1, q=4, m=2, P = dextran. V and L have chemically the same linker backbone: polyethylene glycol (PEG).
Because applicant did not distinctly and specifically point out the supposed errors in the restriction/species requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-15 are pending. Claims 9-15 are withdrawn. Claims 1-8 are examined.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) s 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dose et al.(EP 3037821) in view of Wucherpfennig et al.(US 2005/0003431).
Dose disclose the claimed formula (I) where the Y is MHC, P is a nucleic acid enzymatically degradable spacer, X is a fluorescence, o and m are 1-100 (paragraph 14-15, 25, 35, 39, 41-42; page 11, claims 1,5). Dose does not disclose the Y bound to P via the C-terminus.
Wucherpfennig disclose the conjugation to the lavel via C-terminal regions of an MHC binding domain to ensure an orientation which allows for interaction of the MHC binding domain with a cognate T cell receptor (para 144).
It would have been obvious to one of ordinary skill in the art at the time of filing to incorporate the teaching of Wucherpfennig to create the MHC with the C-terminus conjugation. One of ordinary skill in the art would be motivated to incorporate the C-terminus conjugation because the C-terminus conjugation allows the orientation which allows for the interaction of the MHC binding domain with the cognate T cell receptor.
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D PAK whose telephone number is (571)272-0879. The examiner can normally be reached on flexible time.
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/MICHAEL D PAK/Primary Examiner, Art Unit 1674