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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/11/2026 has been entered.
Response to Amendment
Applicant's amendment and argument filed 03/11/2026 in response to the non-final rejection, are acknowledged and have been fully considered. Any previous rejection or objection not mentioned herein is withdrawn.
The declaration under 37 CFR 1.132 filed March 11, 2026 is sufficient to overcome the rejection of claims 1, 3-8, 10-12, 16 and 18 based upon 35 U.S.C. 103 as being unpatentable over Michiko Kishino et. al. (WO1998032458A1), Atsushi Nakagomi et. at. (Role of the central nervous system and adipose tissue BDNF/TrkB axes in metabolic regulation, NPJ: Aging and Mechanisms of Disease July 2015, 15009) and Ziyou Yu et. al. (From IDS, Fat extract promotes angiogenesis in a murine model of limb ischemia: a novel cell-free therapeutic strategy, Stem Cell Research and Therapy, 2018, 9:294).
The declaration under 37 CFR 1.132 filed March 11, 2026 is sufficient to overcome the rejection of claim 17 based upon 35 U.S.C. 103 as being unpatentable over Michiko Kishino et. al. (WO1998032458A1), Atsushi Nakagomi et. at. (Role of the central nervous system and adipose tissue BDNF/TrkB axes in metabolic regulation, NPJ: Aging and Mechanisms of Disease July 2015, 15009) and Ziyou Yu et. al. (From IDS, Fat extract promotes angiogenesis in a murine model of limb ischemia: a novel cell-free therapeutic strategy, Stem Cell Research and Therapy, 2018, 9:294) as applied to claims 1, 3-8, 10-12, 16 and 18 above, and further in view of Chun-Jen Liao et. al. (US20050139704A1).
Claims 1, 3-8, 10-12 and 16-18 are pending and being examined on the merits.
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.
Claims 5 and 8 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. Claim 5 is confusing because it is not clear what the numbering (ii-1), (ii-2), (ii-3) relates back to, originate to, or how it makes the limitations clearer. Also there is no “and” between (ii-2) and (ii-3) after the semicolon of the second item. The claim is confusing and indefinite.
Claim 8 is confusing for the same reasons above. It is not clear what the numberings (iv-1) and (iv-2) relates back to, originate to, or how it makes the limitations clearer. Also there is no “and” between two elements recited as selected from the group consisting of.
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 pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], 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 10-12 are rejected 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, or for failing to include all the limitations of the claim upon which it depends. The claims as currently written do not further limit the claim from which they depend. Claim 1 requires some of the same components being claimed and which can be selected in claims 10-12 and so selecting those components would not further limit claim 1. The claims would appear to be more properly worded by reciting “wherein the cell-free extract further comprises one more components selected from the group consisting of …” and not recite the IGF-1, BDNF, GDNF, and VEGF of claim 1). 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
Claims 1, 3-4, 6-7 and 16-18 are allowed.
Claims 5, 8 and 10-12 stand rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB ANDREW BOECKELMAN whose telephone number is (571)272-0043. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anand Desai can be reached at 571-272-0947. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JACOB A BOECKELMAN Examiner, Art Unit 1655
/ANAND U DESAI/ Supervisory Patent Examiner, Art Unit 1655
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