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 .
Response to Amendment
The Amendment filed 12/12/2025 has been entered.
Claims 1, 2 and 5 have thereby been amended.
Claims 1-2, 5, and 7-23 are being examined in this office action.
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, 2, 5, 7, 8, 12, 13, 16-18 and 20-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zeevi (US 20200269041) (embodiment of Example 16).
Regarding claim 1, Zeevi discloses a method of treating a subject resistant to trastuzumab comprising: a) applying an alternating electric field, at a frequency for a period of time, to a target site of the subject resistant to trastuzumab (page 15, para. [209], sentences 3-4; page 2, para. [0047]); and b) administering trastuzumab to the target site of the subject (page 14, para. [0192]; page 15, para. [209], sentence 4). Although Zeevi does not explicitly disclose that the alternating electric field sensitizes the subject to the trastuzumab, the recitations of this limitation is an intended result limitation for the intended outcome of the claimed method, and as such is given no patentable weight, as the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable (see MPEP 2112.I.). Although Zeevi does not explicitly disclose the method being given to a patient with a specific resistance to trastuzumab, Zeevi does not disclose that patients with resistance to trastuzumab be excluded from the treatment. In other words, Zeevi discloses this method to be used on a general population of subjects, within which, it would be assumed that some subjects may possess at least some level of resistance to trastuzumab. Therefore, it would be obvious for one of ordinary skill in the art to try applying the method disclosed by Zeevi to a subject resistant to trastuzumab because there is no teaching that they must be excluded (see MPEP 2143 I. (E)). As the claimed method does not require any specific identification or metrics of “resistance to trastuzumab” and Zeevi discloses the method for use on a range of general subjects, Zeevi is interpreted to anticipate the limitation of the subject resistant to trastuzumab, as it is currently disclosed.
Regarding claim 2, Zeevi discloses a method of increasing accumulation of trastuzumab at a target site of a subject resistant to trastuzumab comprising: a) applying an alternating electric field, at a frequency for a period of time, to the target site of the subject (page 15, para. [209], sentences 3-4; page 2, para. [0047]); and b) administering trastuzumab to the target site of the subject (page 14, para. [0192]; page 15, para. [209], sentence 4). Although Zeevi does not explicitly disclose that the method results in increased accumulation of the trastuzumab at the target site compared to administering the trastuzumab at the target site without applying an alternating electric field, the recitations of this limitation is an intended result limitation for the intended outcome of the claimed method, and as such is given no patentable weight, as the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable (see MPEP 2112.I.). Although Zeevi does not explicitly disclose that the alternating electric field sensitizes the subject to the trastuzumab, the recitations of this limitation is an intended result limitation for the intended outcome of the claimed method, and as such is given no patentable weight, as the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable (see MPEP 2112.I.). Although Zeevi does not explicitly disclose the method being given to a patient with a specific resistance to trastuzumab, Zeevi does not disclose that patients with resistance to trastuzumab be excluded from the treatment. In other words, Zeevi discloses this method to be used on a general population of subjects, within which, it would be assumed that some subjects may possess at least some level of resistance to trastuzumab. Therefore, it would be obvious for one of ordinary skill in the art to try applying the method disclosed by Zeevi to a subject resistant to trastuzumab because there is no teaching that they must be excluded (see MPEP 2143 I. (E)). As the claimed method does not require any specific identification or metrics of “resistance to trastuzumab” and Zeevi discloses the method for use on a range of general subjects, Zeevi is interpreted to anticipate the limitation of the subject resistant to trastuzumab, as it is currently disclosed.
Regarding claim 5, Zeevi discloses a method of increasing apoptosis of breast or stomach cancer cells at a target site of a subject resistant to trastuzumab comprising: a) applying an alternating electric field, at a frequency for a period of time, to the target site of the subject (page 15, para. [209], sentences 3-4; page 2, para. [0047]); and b) administering trastuzumab to the target site of the subject (page 14, para. [0192]; page 15, para. [209], sentence 4). Although Zeevi does not explicitly disclose that apoptosis of the cancer cells is increased when the method of administering alternating electric field therapy and trastuzumab is applied, the recitations of this limitation is an intended result limitation for the intended outcome of the claimed method, and as such is given no patentable weight, as the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable (see MPEP 2112.I.). Although Zeevi does not explicitly disclose that the alternating electric field sensitizes the subject to the trastuzumab, the recitations of this limitation is an intended result limitation for the intended outcome of the claimed method, and as such is given no patentable weight, as the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable (see MPEP 2112.I.). Although Zeevi does not explicitly disclose the method being given to a patient with a specific resistance to trastuzumab, Zeevi does not disclose that patients with resistance to trastuzumab be excluded from the treatment. In other words, Zeevi discloses this method to be used on a general population of subjects, within which, it would be assumed that some subjects may possess at least some level of resistance to trastuzumab. Therefore, it would be obvious for one of ordinary skill in the art to try applying the method disclosed by Zeevi to a subject resistant to trastuzumab because there is no teaching that they must be excluded (see MPEP 2143 I. (E)). As the claimed method does not require any specific identification or metrics of “resistance to trastuzumab” and Zeevi discloses the method for use on a range of general subjects, Zeevi is interpreted to anticipate the limitation of the subject resistant to trastuzumab, as it is currently disclosed.
Regarding claim 7, Zeevi discloses the method of claim 1, as described above, wherein the target site comprises one or more breast or stomach cancer cells (Zeevi: page 2, para. [0047], sentence 1; gastric cancer).
Regarding claim 8, Zeevi discloses the method of claim 1, as described above, wherein the alternating electric field is applied before, after, or simultaneously with administering trastuzumab (Zeevi: page 15, para. [209], sentences 3-4; the administration of the drug and delivery of the electric fields are at least partially simultaneous).
Regarding claim 12, Zeevi discloses the method of claim 1, as described above, wherein the frequency of the alternating electric field is between 100 kHz and 1 MHz (Zeevi: page 14, para. [0183]; 150 kHz).
Regarding claim 13, Zeevi discloses the method of claim 1, as described above, wherein the frequency of the alternating electric field is between 100 kHz and 500 kHz (Zeevi: page 14, para. [0183]; 150 kHz).
Regarding claim 16, Zeevi discloses the method of claim 1, as described above, wherein the trastuzumab is administered intratumorally, intracranially, intraventricularly, intrathecally, epidurally, intradurally, intravascularly, intravenously (targeted or non- targeted), intraarterially, intramuscularly, subcutaneously, intraperitoneally, orally, intranasally, via intratumor injection or via inhalation (Zeevi: page 14, para. [0192]; administered intravenously via IV drip).
Regarding claim 17, Zeevi discloses the method of claim 1, as described above, wherein the trastuzumab is administered in a pharmaceutical composition (Zeevi: page 14, para. [0192]; administered in pharmaceutical composition in IV regiment).
Regarding claim 18, Zeevi discloses the method of claim 1, as described above, wherein the subject has a cancer selected from breast or stomach cancer (Zeevi: page 2, para. [0047], sentence 1; gastric cancer).
Regarding claim 20, Zeevi discloses the method of claim 18, as described above, wherein the cancer is a HER2 positive cancer (Zeevi: page 14, para. [0189]).
Regarding claim 21, Zeevi discloses the method of claim 18, as described above. Although Zeevi does not explicitly disclose that pAKT, pERK, and pHER2 expression is reduced, the recitation of this limitation is an intended result limitation for the intended outcome of the claimed method, and as such is given no patentable weight, as the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable (see MPEP 2112.I.).
Regarding claim 22, Zeevi discloses the method of claim 1, as described above, wherein the trastuzumab is administered prior to, simultaneous with or after applying the alternating electric field (Zeevi: page 15, para. [209], sentences 3-4; the administration of the drug and delivery of the electric fields are at least partially simultaneous).
Regarding claim 23, Zeevi discloses the method of claim 1, as described above, further comprising administering to a chemotherapeutic agent to the subject (Zeevi: page 14, paras. [0186] and [0189]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, 5, 7, 8, 12, 13, 16-18 and 20-23 in the alternative, as well as claim 19, are rejected under 35 U.S.C. 103 as being unpatentable over Zeevi (US 20200269041) (embodiment of Example 16) in view of Cheng (US 20200069958).
Regarding claim 1, in the alternative, Zeevi discloses a method of treating a subject resistant to trastuzumab comprising: a) applying an alternating electric field, at a frequency for a period of time, to a target site of the subject (page 15, para. [209], sentences 3-4; page 2, para. [0047]); and b) administering trastuzumab to the target site of the subject (page 14, para. [0192]; page 15, para. [209], sentence 4). Although Zeevi does not explicitly disclose that the alternating electric field sensitizes the subject to the trastuzumab, the recitations of this limitation is an intended result limitation for the intended outcome of the claimed method, and as such is given no patentable weight, as the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable (see MPEP 2112.I.).
Zeevi, in this interpretation, fails to explicitly disclose that the subject receiving the method of treatment is a subject who is resistant to trastuzumab. Cheng teaches an analogous method of treating breast cancer patients with trastuzumab in which trastuzumab is administered with cold plasma therapy in order to treat patients who are resistant to trastuzumab but still require treatment of the drug (para. [0011]). With this motivation of applying a dual-trastuzumab treatment to patients with trastuzumab resistance, provided by Cheng, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination method of treatment disclosed by Zeevi such that it is administered to subjects who have resistance to trastuzumab, as taught by Cheng, in order to effectively administer the needed trastuzumab treatment to patients that cannot receive the trastuzumab by traditional administration of it alone (para. [0011]).
Regarding claim 2, in the alternative, Zeevi in view of Cheng teaches a method of increasing accumulation of trastuzumab at a target site of a subject comprising: a) applying an alternating electric field, at a frequency for a period of time, to the target site of the subject (page 15, para. [209], sentences 3-4; page 2, para. [0047]); and b) administering trastuzumab to the target site of the subject (page 14, para. [0192]; page 15, para. [209], sentence 4). Although Zeevi does not explicitly disclose that the method results in increased accumulation of the trastuzumab at the target site compared to administering the trastuzumab at the target site without applying an alternating electric field, the recitations of this limitation is an intended result limitation for the intended outcome of the claimed method, and as such is given no patentable weight, as the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable (see MPEP 2112.I.).
Zeevi, in this interpretation, fails to explicitly disclose that the subject receiving the method of treatment is a subject who is resistant to trastuzumab. Cheng teaches an analogous method of treating breast cancer patients with trastuzumab in which trastuzumab is administered with cold plasma therapy in order to treat patients who are resistant to trastuzumab but still require treatment of the drug (para. [0011]). With this motivation of applying a dual-trastuzumab treatment to patients with trastuzumab resistance, provided by Cheng, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination method of treatment disclosed by Zeevi such that it is administered to subjects who have resistance to trastuzumab, as taught by Cheng, in order to effectively administer the needed trastuzumab treatment to patients that cannot receive the trastuzumab by traditional administration of it alone (para. [0011]).
Regarding claim 5, in the alternative, Zeevi in view of Cheng teaches a method of increasing apoptosis of breast or stomach cancer cells at a target site of a subject comprising: a) applying an alternating electric field, at a frequency for a period of time, to the target site of the subject (page 15, para. [209], sentences 3-4; page 2, para. [0047]); and b) administering trastuzumab to the target site of the subject (page 14, para. [0192]; page 15, para. [209], sentence 4). Although Zeevi does not explicitly disclose that apoptosis of the cancer cells is increased when the method of administering alternating electric field therapy and trastuzumab is applied, the recitations of this limitation is an intended result limitation for the intended outcome of the claimed method, and as such is given no patentable weight, as the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable (see MPEP 2112.I.).
Zeevi, in this interpretation, fails to explicitly disclose that the subject receiving the method of treatment is a subject who is resistant to trastuzumab. Cheng teaches an analogous method of treating breast cancer patients with trastuzumab in which trastuzumab is administered with cold plasma therapy in order to treat patients who are resistant to trastuzumab but still require treatment of the drug (para. [0011]). With this motivation of applying a dual-trastuzumab treatment to patients with trastuzumab resistance, provided by Cheng, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination method of treatment disclosed by Zeevi such that it is administered to subjects who have resistance to trastuzumab, as taught by Cheng, in order to effectively administer the needed trastuzumab treatment to patients that cannot receive the trastuzumab by traditional administration of it alone (para. [0011]).
Regarding claim 7, in the alternative, Zeevi in view of Cheng teaches the method of claim 1, as described above, wherein the target site comprises one or more breast or stomach cancer cells (Zeevi: page 2, para. [0047], sentence 1; gastric cancer).
Regarding claim 8, in the alternative, Zeevi in view of Cheng teaches the method of claim 1, as described above, wherein the alternating electric field is applied before, after, or simultaneously with administering trastuzumab (Zeevi: page 15, para. [209], sentences 3-4; the administration of the drug and delivery of the electric fields are at least partially simultaneous).
Regarding claim 12, in the alternative, Zeevi in view of Cheng teaches the method of claim 1, as described above, wherein the frequency of the alternating electric field is between 100 kHz and 1 MHz (Zeevi: page 14, para. [0183]; 150 kHz).
Regarding claim 13, in the alternative, Zeevi in view of Cheng teaches the method of claim 1, as described above, wherein the frequency of the alternating electric field is between 100 kHz and 500 kHz (Zeevi: page 14, para. [0183]; 150 kHz).
Regarding claim 16, in the alternative, Zeevi in view of Cheng teaches the method of claim 1, as described above, wherein the trastuzumab is administered intratumorally, intracranially, intraventricularly, intrathecally, epidurally, intradurally, intravascularly, intravenously (targeted or non- targeted), intraarterially, intramuscularly, subcutaneously, intraperitoneally, orally, intranasally, via intratumor injection or via inhalation (Zeevi: page 14, para. [0192]; administered intravenously via IV drip).
Regarding claim 17, in the alternative, Zeevi in view of Cheng teaches the method of claim 1, as described above, wherein the trastuzumab is administered in a pharmaceutical composition (Zeevi: page 14, para. [0192]; administered in pharmaceutical composition in IV regiment).
Regarding claim 18, in the alternative, Zeevi in view of Cheng teaches the method of claim 1, as described above, wherein the subject has a cancer selected from breast or stomach cancer (Zeevi: page 2, para. [0047], sentence 1; gastric cancer).
Regarding claim 19, Zeevi in view of Cheng teaches the method of claim 18, as described above, wherein the cancer (Cheng: para. [0011]) is breast cancer and the subject has trastuzumab resistance (Cheng: para. [0011]).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination method of treatment disclosed by Zeevi such that it is administered to subjects who have breast cancer and the subject has resistance to trastuzumab, as taught by Cheng, in order to effectively administer the needed trastuzumab treatment in order to effectively administer the needed trastuzumab treatment to a wider range of patients (para. [0011]).
Regarding claim 20, in the alternative, Zeevi in view of Cheng teaches the method of claim 18, as described above, wherein the cancer is a HER2 positive cancer (Zeevi: page 14, para. [0189]).
Regarding claim 21, in the alternative, Zeevi in view of Cheng teaches the method of claim 18, as described above. Although Zeevi in view of Cheng does not explicitly teach that pAKT, pERK, and pHER2 expression is reduced, the recitation of this limitation is an intended result limitation for the intended outcome of the claimed method, and as such is given no patentable weight, as the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable (see MPEP 2112.I.).
Regarding claim 22, in the alternative, Zeevi in view of Cheng teaches the method of claim 1, as described above, wherein the trastuzumab is administered prior to, simultaneous with or after applying the alternating electric field (Zeevi: page 15, para. [209], sentences 3-4; the administration of the drug and delivery of the electric fields are at least partially simultaneous).
Regarding claim 23, in the alternative, Zeevi in view of Cheng teaches the method of claim 1, as described above, further comprising administering to a chemotherapeutic agent to the subject (Zeevi: page 14, paras. [0186] and [0189]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zeevi (US 20200269041) (embodiment of Example 16) in view of Schmidt (US 20200330758).
Regarding claim 9, Zeevi discloses the method of claim 1, as described above, but fails to explicitly teach that the application of the electric field therapy begins at least one hour before the administration of the trastuzumab drug.
Schmidt teaches an analogous method of treating cancer cells with both electric field therapy paired with a cancer drug, wherein the step of applying the alternating electric field begins at least one hour before administering trastuzumab (Fig. 9: the application of the electric fields starts at 902, before the administration of the cancer drug at 906; paras. [0070]-[0071], the cancer drug may be administered at least an hour after the electric fields have begun to be applied). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Zeevi, which teaches a general overlapping application of electric fields and administration of the cancer drug, by incorporating the teaching of Schmidt to being the application of the electric fields at least an hour prior to the administration of the drug, in order to induce apoptosis of some of the cancer cells before the trastuzumab is administered to the remaining cells (Schmidt: para. [0049], sentences 1-5).
Claim 9, in the alternative, is rejected under 35 U.S.C. 103 as being unpatentable over Zeevi (US 20200269041) (embodiment of Example 16) in view of Cheng (US 20200069958) and in further view of Schmidt (US 20200330758).
Regarding claim 9, Zeevi in view of Cheng teaches the method of claim 1, in the alternative as described above, but fails to explicitly teach that the application of the electric field therapy begins at least one hour before the administration of the trastuzumab drug.
Schmidt teaches an analogous method of treating cancer cells with both electric field therapy paired with a cancer drug, wherein the step of applying the alternating electric field begins at least one hour before administering trastuzumab (Fig. 9: the application of the electric fields starts at 902, before the administration of the cancer drug at 906; paras. [0070]-[0071], the cancer drug may be administered at least an hour after the electric fields have begun to be applied). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Zeevi in view of Cheng, which teaches a general overlapping application of electric fields and administration of the cancer drug, by incorporating the teaching of Schmidt to being the application of the electric fields at least an hour prior to the administration of the drug, in order to induce apoptosis of some of the cancer cells before the trastuzumab is administered to the remaining cells (Schmidt: para. [0049], sentences 1-5).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Zeevi (US 20200269041) (embodiment of Example 16) in view of Cheng (US 20200069958) and in further view of Anwar (US 20190000320).
Regarding claim 10, Zeevi in view of Cheng teaches the method of claim 1, as described above, but fails to disclose that the trastuzumab is tagged or labeled.
Anwar teaches an analogous method for HER-2 positive breast cancer treatment and imaging with trastuzumab, wherein the trastuzumab comprises a detectable agent (page 6, para. [0129], sentences 1-2). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the trastuzumab used in the method taught by Zeevi in view of Cheng with the fluorescently-labeled trastuzumab taught by Anwar, in order to allow for the targeted tumor cells to be visualized in vivo for tumor monitoring or surgical guidance (pages 4-5, para. [0121], last two sentences, and para. [0122], sentences 1-2).
Regarding claim 11, Zeevi in view of Cheng in further view of Anwar teaches the method of claim 10, as described above, wherein the detectable agent is a fluorophore (Anwar: page 5, para. [0123], sentence 7).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Zeevi (US 20200269041) (embodiment of Example 16 as described in Claim Rejections - 35 USC § 102 above) in view of Zeevi (US 20200269041) (embodiment of Example 3) in further view of Cheng (US 20200069958).
Regarding claim 14, Zeevi in view of Cheng teaches the method of claim 1, as described above, but the method disclosed in Example 16 applied to patients fails to explicitly disclose the RMS of the alternating electric field therapy (TTFields) used.
In Example 3, Zeevi discloses an embodiment applied to cells wherein the alternating electric field has a field strength of between 0.5 and 4 V/cm RMS (page 4, para. [0091]). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the specific RMS intensity of the TTFields disclosed in Example 3 into the method of treatment with TTFields of Example 16 in view of Cheng, in order to maintain an effective intensity of the electric fields, which has already been optimized to imitate the parameters of TTFields for patient use (Zeevi: page 4, para. [0091], last sentence).
Regarding claim 15, Zeevi in view of Cheng teaches the method of claim 1, as described above, but the method disclosed in Example 16 for the application to patients fails to explicitly disclose the RMS of the alternating electric field therapy (TTFields) used.
In Example 3, Zeevi discloses an embodiment applied to cells wherein the alternating electric field has a field strength of at least 0.9 V/cm RMS (page 4, para. [0091]). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the specific RMS intensity of the TTFields disclosed in Example 3 into the method of treatment with TTFields of Example 16 in view of Cheng, in order to maintain an effective intensity of the electric fields, which has already been optimized to imitate the parameters of TTFields for patient use (Zeevi: page 4, para. [0091], last sentence).
Response to Arguments
Applicant's arguments filed 12/12/2025 have been fully considered but they are not persuasive. Claims 1, 2, 5, 7, 8, 12, 13, 16-18 and 20-23 have been rejected above under both Zeevi and Zeevi in view of Cheng, in two different interpretations, in an attempt to better demonstrate Examiner’s interpretation of the breadth of the claims and their rejections over the prior art.
As explained above in the 102(a)(1) rejection of claims 1, 2 and 5 and the depending claims, the claimed method merely applies a known method to a specific subgroup of subjects (being those with resistance to trastuzumab). However, Zeevi discloses the method applied to subjects with cancer, and does not provide any disclosure for excluding subjects with resistance to trastuzumab. Therefore, it would be obvious for one to assume that Zeevi may be applied to subjects with this resistance, or that it would be obvious to try the method on those resistant subjects as well, as long as they have cancer to be treated. The claims as presently written do not require any method steps of determining if the subject is resistant to trastuzumab, or even what metric must be met for resistance to be qualified, that would teach away from the Zeevi reference. Furthermore, Cheng, as described in the 1-3 rejections above, teaches a motivation for administering a treatment of trastuzumab in conjunction with another therapy to subjects having resistance to trastuzumab, in order for the drug to be effective on them. Given this motivation, although the cold plasma therapy taught by Cheng differs from the alternating electric flied therapy claimed, Examiner maintains that it would have been obvious for one of ordinary skill in the art to apply the Zeevi method to patients with trastuzumab resistance in order to attempt to make the trastuzumab effective in those subjects, as taught by Cheng. Examiner does not rely on the cold plasma therapy and alternating electric field therapy being interchangeable for this combination, as Applicant argues.
For these reasons, independent claims 1, 2 and 5 and their depending claims stand rejected as recited above, with both interpretations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATERINA ANNA WITTLIFF whose telephone number is (703)756-4772. The examiner can normally be reached M-Th: 9-7ET.
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/K.A.W./Examiner, Art Unit 3783
/NATHAN R PRICE/Primary Examiner, Art Unit 3783