DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. 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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on June 5, 2026 has been entered.
Claims 1-98 have been canceled.
Claims 99-110 have been added.
Claims 99-110 are pending and currently under consideration.
3. 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.
4. Claims 103 and 110 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.
Claims 103 and 110 depend upon claim 99 and 106, respectively. Claims 103 and 110 both recited “wherein the feline IgG2 constant region comprises an Fc constant region having CH2, or CH3 domain or a combination thereof”.
Independent claims 99 and 106 recite a polypeptide comprising a feline IgG2 constant region comprising E111C and P113C substitutions relative to a wild-type feline IgG2 constant region set forth in SEQ ID NO:1. Claims 99 and 106 are read as having amino acid sequence of SEQ ID NO:1, except amino acid substitutions E111C and P113C.
SEQ ID NO:1 is the amino acid sequences of wild-type IgG2 constant region with CH2-CH3 orientation. As such, claim 103 and 110 (encompassing CH2 or CH3 or a combination thereof) do not further limit the feline IgG2 constant region of SEQ ID NO:1 variant in independent claims 99 and 106 which comprises CH2-CH3 in specific order and two substitutions E111C and P113C.
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.
5. Claims 99-102 and 104-109 are allowed.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN DAHLE whose telephone number is (571)272-8142. The examiner can normally be reached Mon-Fri 6:30am-4:00pm.
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, Misook Yu can be reached at 571-272-0839. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUN W DAHLE/Primary Examiner, Art Unit 1641
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