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 .
Status of the Application
Claims 1, 5-13, 18-21 and 25-34 are pending, of which Claims 9-13, 18-21 and 25-34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claims 1 and 5-8 are under current examination.
Amendment necessitated new claim rejection as set forth below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), fourth paragraph:
Subject to the [fifth paragraph of 35 U.S.C. 112 (pre-AIA )], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 5-8 are rejected under 35 U.S.C. 112(d), as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claims 5-8 are in an improper dependent form because:
Claim 5 recites “administration results ---increase---TERC---telomere length”, which is exactly the same limitation recited in claim 1. Thus, claim 5 is not further limiting.
According to claim 1, pathology is specific to dyskeratosis congentia. However, claim 7, dependent on claim 1 recites “primary and/or secondary telomeropathy”, which makes claim improper and broader than claim 1.
According to claim 1, pathology is specific to dyskeratosis congentia. However, claim 8, dependent on claim 1 recites several pathologies different from dyskeratosis congentia, which makes claim improper and broader than claim 1.
Since the dependent claim doesn’t cure the above deficiency, these claims are also improper.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claim 1 presents allowable subject matter over the cited prior art on record.
The following is an Examiner’s reasons for indicating allowable subject matter:
Applicant’s method of treating dyskeratosis congentia comprising administering Sinefungin and wherein the administration results in an increase in the amount of TERC and telomere length as in the instant claims is novel and unobvious over the prior art of record. None of the prior art of record disclose or teach applicant’s method of treating dyskeratosis congentia comprising administering Sinefungin and wherein the administration results in an increase in the amount of TERC and telomere length as in the instant claims. The closest prior art, Anton (US 2021/0113576 A1), teaches treatment of hematological malignancies with example of acute leukemia and myelodysplastic syndrome (MDS) using a combination comprising (S)-2-(2,6-dioxopiperidin-3-yl)-4-((2-fluoro-4-((3-morpholinoazetidin-1-yl)methyl)benzyl)amino)isoindoline-1,3-dione and EZH2 inhibitor Sinefungin. Thus, the cited prior art differs with respect to treating dyskeratosis congentia. Further, the cited prior art would not suggest nor motivate to a person of ordinary skill in the art to practice process as in the instant claims.
Therefore, claims 1 is allowable.
Response to Arguments
Applicant’s remarks and amendment, filed on 02/23/2026, have been fully considered but not found persuasive.
Applicant’s argument is moot in view of new rejection as set forth above.
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PANCHAM BAKSHI whose telephone number is (571)270-3463. The examiner can normally be reached M-Thu 7-4.30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Milligan Adam can be reached at 571-2707674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PANCHAM BAKSHI/Primary Examiner, Art Unit 1623
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