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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1, 7, 9, 15-17, 19 and 50) in the reply filed on 10/16/2025 is acknowledged. Claims 1, 7, 9, 15-17, 19, 34, 39, 44-45, 50-54, 59, 60, 72, and 77 are pending; claims 34, 39, 44-45, 51-54, 59, 60, 72, and 77 are withdrawn from prosecution as being drawn to non-elected subject matter. Claims 1, 7, 9, 15-17, 19 and 50 are examined.
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.
Claims 1, 7, 9, 15-17, 19 and 50 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duerner et al. (U.S. Pat. No. 9, 346, 872).
The reference generally relates to fusion proteins of antibodies and interleukin-10 (IL-10), to polynucleotides encoding such fusion proteins, and vectors and host cells comprising such polynucleotides (Abstract).
SEQ ID NO: 9 of the reference is 98.2% identical to the SEQ ID NO:14 of the instant Application. In addition, the reference indicated pharmaceutical compositions comprising SEQ ID NO: 9 (col. 6, lines 42-62).
Thus, in the broadest reasonable interpretation, the claims are anticipated by the reference cited.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELLY GERALD STOICA whose telephone number is (571)272-9941. The examiner can normally be reached M-F 8-5 EST.
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ELLY-GERALD STOICA
Primary Examiner
Art Unit 1647
/Elly-Gerald Stoica/Primary Examiner, Art Unit 1647