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 . Claims included in the prosecution are claims are 1, 2, 4, 7-10 and 13-34.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/10/2026 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities: “glucan a linear dextran molecule backbone” should be recited as --- glucan linear dextran backbone ---. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “wherein the plurality of D-glucose monomers is n” should be recited as --- wherein the plurality of backbone D-glucose monomers is n ---. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “wherein the targeting moiety and the D-glucose monomers” should be recited as --- wherein the CD206 targeting moiety and the plurality of backbone D-glucose monomers. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: “the plurality of backbone monomers” should be recited as --- the plurality of backbone D-glucose monomers ---. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: the plurality of D-glucose monomers” should be recited as --- the plurality of backbone D-glucose monomers ---. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: “the targeting moiety” should be --- the CD206 targeting moiety ---. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: “backbone D-glucose monomers” should be recited as --- the plurality of backbone D-glucose monomers ---. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: “backbone monomers” should be recited as --- the plurality of backbone D-glucose monomers ---. Appropriate correction is required.
Claim 13 is objected to because of the following informalities: “glucan backbone” should be recited as --- glucan linear dextran backbone ---. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: “attached to mannose” should be recites as --- attached to a mannose ---. Appropriate correction is required.
Claim 22 is objected to because of the following informalities: acronyms such as ICG, EBFP, EBFP2, ECFP, CyPet, YFP, and YPet should be spelled out. Appropriate correction is required.
Claim 26 is objected to because of the following informalities: “linked to the glucan backbone” should be recited as --- coupled to the glucan linear dextran backbone ---. Appropriate correction is required.
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 7 and 22 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 7 recites the limitation "CD206 ligand" in the first line. There is insufficient antecedent basis for this limitation in the claim. It is unclear if CD206 ligand is further limiting the CD206 targeting moiety of claim 1 or if CD206 ligand is an additional feature to the composition. To obviate this issue, it is suggested for “CD206 ligand” to be recited as --- CD206 targeting moiety ---.
Claims 22 contains the trademarks/trade names DyLight650, IRDye650, IRDye680, DyLight750, Alexa Fluor 647, Alexa Fluor 750, and IR800CW. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe imaging agents and, accordingly, the identification/description is indefinite.
NOTE: It is Applicant’s responsibility to check whether there are additional trademarks/trade names in the claim.
Conclusion
Claims 1, 2, 4, 8-10, 13-21 and 23-34 are allowable.
Claims 7 and 22 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY LIU whose telephone number is (571)270-5115. The examiner can normally be reached Mon-Fri 9 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ali Soroush can be reached at 571-272-9925. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRACY LIU/Primary Examiner, Art Unit 1614
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