DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Application, Amendments, and/or Claims
2. The Response filed on 12 June 2026 has been entered in full. Claims 36-37 and 46 have been amended, claims 39-40 and 42 have been canceled, claims 41 and 47 are rejoined, and claims 48-49 have been added. Newly submitted claims 48-49 will be examined as they fit under the rubric of the elected invention. Therefore, claims 36-38, 41 and 43-49 are pending and the subject of this Office Action.
Withdrawn Objections and/or Rejections
3. The objections to claim 36 as set forth at pg. 3 of the previous Office action (mailed 13 March 2026) is withdrawn in view of Applicant’s amendment of said claim (filed 12 June 2026).
4. The rejection of claims 36-40 and 42-46 for reciting an improper Markush as set forth at pp. 3-4 of the previous Office action (mailed 13 March 2026) is withdrawn in view of Applicant’s amendment (filed 12 June 2026).
5. The rejection of claims 36-40 and 42-46 under 35 U.S.C. 112(a) (Written Description) as set forth at pp. 5-12 of the previous Office action (mailed 13 March 2026) is withdrawn in view of Applicants amendment (filed 12 June 2026).
6. The rejection of claims 39-40 and 42 on the ground of nonstatutory double patenting as set forth at pp. 12-13 of the previous Office action (mailed 13 March 2026) is moot in view of Applicants cancelation of said claims (filed 12 June 2026).
Maintained and/or New Objections and/or Rejections
Double Patenting
7. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
8. A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
9. The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
10. Claims 36-38 and 43-46 remain rejected, and newly added or rejoined claims 41 and 47-49 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 11,518,791. The basis for this rejection is set forth at pp. 12-13 of the previous Office action (mailed 13 March 2026).
11. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘791 patent recite multifunctional heteromultimeric protein complexes comprising three or more functional components in a defined ratio, wherein the three or more different functional components are species of tracking components, targeting components, and effector components that are encompassed by the genus of said components recited in the instant claims. Thus the claims are overlapping in scope.
Response to Arguments
12. Applicant’s request this rejection be held in abeyance until allowable subject matter is identified at pg. 10 of the Response (filed 12 June 2026) is acknowledged. However, it is noted that deferral of arguments until after the claims have been found otherwise allowable will not be considered timely.
Summary
13. No claim is allowed.
Conclusion
14. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Summary
15. No claim is allowed.
Advisory Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JON M LOCKARD whose telephone number is (571) 272-2717. The examiner can normally be reached M-F 9-6 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Hama can be reached on (571) 272-2911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L/Examiner, Art Unit 1647 August 13, 2026
/Christine J Saoud/ Primary Examiner, Art Unit 1645
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