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
Continued Examination Under 37 CFR 1.114
1. 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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/17/2026 has been entered.
Status of the Claims
2. Claims 1-32 are the original claims filed 8/29/2022. In the Preliminary Amendment of 3/20/2023, claims 4, 11, 15, 21, and 27-32 are amended and claims 2, 5-9, 12-13, 16-20, and 22-26 are canceled. In the Preliminary Amendment of 9/8/2025, claims 1, 3-4, 10-11, 14-15, 21, 27-30 and 32 are amended. In the response of 2/23/2026, claims 1, 11, 14, 15, and 21 are amended, claims 3, 4, and 10 are cancelled, and new claims 33-39 are added. In the Response of 7/17/2026, Claims 1, 11, 14-15, 21, 30, 32-33, 37-39 are amended and new claim 40 is added.
Claims 1, 11, 14-15, 21, and 27-40 are pending.
This Office Action contains new grounds for rejection.
Priority
3. USAN 17/907,781, filed 08/29/2022, and having 1 RCE-type filing therein, is a National Stage entry of PCT/US21/ 20291, International Filing Date: 03/01/2021, PCT/US21/20291 Claims Priority from Provisional Application 62/983,374, filed 02/28/2020. Applicants’ submission of a revised version of FIG. 7 that includes all of the SEQ ID NOs in clean and marked-up versions is acknowledged.
Information Disclosure Statement
4. As of 8/7/2026, a total of seven (7) IDS are filed: 3/29/2023; 4/15/ 2024; 7/12/2024; 4/18/2025; 7/10/2025; 10/8/2025; and 2/23/2026. The corresponding initialed and dated 1449 is considered and of record.
Withdrawal of Objections
Claim Objections
5. The objection to Claims 1, 11, 14-15, 21, and 27-39 because of informalities for the reasons set forth under (a)-(i) are withdrawn in view of the amendment of the claims.
Withdrawal of Rejections
Claim Rejections - 35 USC § 112(d)
6. The rejection of Claim 14 under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends is withdrawn. Claim 1 is amended to rectify the deficiencies of claim 14 to include the antigen binding domains to ALK1, ALK2, ALK3.
Claim Rejections - 35 USC § 112(a)
Written Description
7. The rejection of Claims 30-32 and 39 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement is withdrawn. Claims 30-32 and 38 are amended to support the species that effect the treatment of a vascular condition.
Written Description
8. The rejection of Claims 33-38 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement is withdrawn. Claims 33-36 are amended to delete “at least 95%” in claim 33. Claims 37-38 are amended to depend from Claim 11.
New Grounds for Rejection
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.
9. Claims 1, 11, 14, 27-31, 33-38 and 40 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.
a) Claims 1, 11, 14, 27-29, 37-38 and 40 are indefinite for reciting “can be in any order” in claim 1. The phrase is conditional because it implies that some undefined structure or condition is what predicates whether an order is or is not possible.
b) Regarding claims 30-31 the phrase "optionally wherein" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
c) Claims 33-36 are indefinite for reciting “can be in any order” in claim 33. The phrase is conditional because it implies that some undefined structure or condition is what predicates whether an order is or is not possible.
d) Regarding claims 37-38 and 40 the phrase "optionally wherein" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Conclusion
10. Claims 15, 21, 32 and 39 are allowed.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNN A. BRISTOL whose telephone number is (571)272-6883. The examiner can normally be reached Mon-Fri 9 AM-5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wu Julie can be reached at 571-272-5205. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LYNN A BRISTOL/Primary Examiner, Art Unit 1643
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