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 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 04/01/2026 has been entered.
Status of Claims
Claims 61-75 are added. Claims -----1-75 are currently pending and under examination.
Information Disclosure Statement
The Information Disclosure Statements filed on 04/01/2026 have been considered.
Claim Rejections - 35 USC § 112
Claims 2, 41, and 48 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
The purpose of the written description requirement is to ensure that the inventor had possession, at the time the invention was made, of the specific subject matter claimed. To satisfy the written description requirement, a patent specification must describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor had possession of the claimed invention.
Claim 2 is drawn to the expression vector of claim 1, further comprising a nucleic acid encoding interleukin-12 (IL-12) or a functional variant thereof.
Claim 41 is drawn to the cell of claim 39, wherein the cell further expresses a recombinant IL-12 or functional variant thereof.
Claim 48 is drawn to the method of claim 46, wherein the expression vector further comprises a nucleic acid sequence encoding IL-12 or a functional variant thereof.
Nothing in the specification would lead one skilled in the art to determine a nucleic acid sequence encoding a functional variant of IL-12. To establish a functional variant of IL-12 one would need to provide experimental evidence of expression vectors comprising nucleic acid sequences such that a clear pattern is established between expression vector nucleic acid sequences and the ability of the expression vectors to function as a variant of IL-12.
This rejection may be remedied by removing the “or a functional variant thereof” language.
Allowable Subject Matter
Claims 1, 3-40, 41-47, and 49-75 are allowed.
Conclusion
Claims 2, 41, and 48 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPHINE K DARPOLOR whose telephone number is (571)272-0115. The examiner can normally be reached 7:30ET-4:30ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samira Jean-Louis can be reached at (571)270-3503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.K.D./Examiner, Art Unit 1642
/SAMIRA J JEAN-LOUIS/Supervisory Patent Examiner, Art Unit 1642
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