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 .
According to paper filed on Dec. 8, 2025, the applicants have amended claim 1.
Claims 1 and 16-18 are pending in the application.
Response to Arguments
Applicant's arguments filed on Dec. 8, 2025 have been fully considered but they are not persuasive regarding enablement rejection. The applicants have amended claims to overcome indefiniteness rejection. Regarding enablement rejection, the applicants argue on pages 3-6 that specific disease are disclosed in the specification which are mediated by cytokine storm. The examiner does not agree with these arguments. First of all, cytokine storm in claim 1 does not teach regarding specific cytokines which are either increased or decreased and furthermore, specific diseases associated with either an increase or decrease of specific cytokines.
Conclusion
The enablement rejection of claims 1 and 16-18 under 35 U.S.C. 112, 1st paragraph is maintained.
NEW GROUNDS OF REJECTION
Claim Rejections - 35 USC § 112
6. 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.
Claims 1 and 16-18 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.
The independent claim 1 is directed to treating a subject experiencing cytokine storm. However, it is not clear what actually is being treated. It is not clear what specific cytokines are either elevated or decreased in the subject and furthermore, specific disease conditions associated with either an increase or decrease of specific cytokines.
In independent claim 1, specific agent which decreases cytosolic calcium, is not defined.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621