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
1. Claims 1-9 are pending.
2. Applicant's election with traverse of Group I, claims 1-7 in the reply filed on 10/08/25 is acknowledged. The traversal is on the ground(s) that all listed claims represent special technical features.
This is not found persuasive because the first claim invention does not contribute a special technical feature when viewed over the prior art of Monastyrnaya et al., which disclosed HCRG21 peptide, thus it does not have a single general inventive concept and so lack unity of invention.
The requirement is still deemed proper and is therefore made FINAL.
3. Claims 8 and 9 are withdrawn from further consideration by the Examiner, 37 C.F.R. § 1.142(b) as being drawn to nonelected inventions.
Claims 1-7 drawn to a HCRG21 peptide are under consideration in the instant application.
4. Applicant’s provision of the foreign priority document RU2020117918 is acknowledged. However, an English translation has not been provided in accordance with 37 CFR 1.55. See MPEP § 201.15.
5. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
6. Claims 1-7 are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by Sintsova et al., (2020, IDS) and Monastyrnaya et al ( 2016, IDS).
Sintsova et al., teach a HCR21 polypeptide that can have prolonged analgesic effect ( see entire document, Abstract in particular). Sintsova et al., also teach that said HCR21 polypeptide can be obtained recombinantly and administered at concentration of 0.1mg/kg ( see abstract and page 424 in particular).
Monastyrnaya et al teach a HCR21 polypetide, that can be produced recombinantly ( see entire document, Abstract and page 3 and 7 in particular).
It is noted that Monastyrnaya et al., do not explicitly teach the use of HCR21 polypeptide as a drug with prolonged analgesic or anti-inflammatory effect at a dose of 0.1 mg/ml.
It is noted however that the instant claims are drawn to the product, i.e. HCR21 peptide, not a method of using. A product is a composition irrespective of its intended use. Thus, it is the Examiner’s position that recited intended use only limits the claim to the extent that the prior art must be capable of performing the purpose or intended use.
Claims 5 and 6 are included because the claimed functional limitation would be inherent properties of the referenced HCRG21 peptide. A product is a composition irrespective of its intended use. Thus, it is the Examiner’s position that recited intended use only limits the claim to the extent that the prior art must be capable of performing the purpose or intended use.
The reference teaching anticipates the claimed invention.
7. No claim is allowed.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michail Belyavskyi whose telephone number is 571/272-0840. The examiner can normally be reached Monday through Friday from 9:00 AM to 5:30 PM. A message may be left on the examiner's voice mail service. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Daniel Kolker can be reached on 571/ 272-3181
The fax number for the organization where this application or proceeding is assigned is 571/273-8300
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