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 .
DETAILED ACTION
Claims 1-20 submitted on 5/7/2026 are pending.
In reply to the non-final action of 02/10/26, the applicants’ argument submitted on 5/7/2026 is acknowledged.
Claims 15-18 are withdrawn.
Claims 1-14 and 19-20 are for examination.
Applicants’ argument submitted on 5/7/2026 is considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn.
35 USC 112(b) Rejection
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.
Claims 1, 5, and 2-14, 19-20 ( depend on claim 1) is 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 pre-AIA the applicant regards as the invention.
Claim 1 is rejected for reciting “Specifically”. It is unclear what else amino acid residue be at position 91 and 103 beside a cysteine residue those other amino acid residues are undefined. Specifically is an adverb that expresses a preference for a particular feature, but it is generally considered optional language. Under 35 U.S.C. 112(b) and MPEP 2173.05(h)(II), optional phrasing like Specifically can make a claim indefinite if it suggests an element is not required, because the “all elements” rule applies to claims.
Correction is required.
Claim 5 is rejected for reciting “A) a protein comprising the amino acid sequence of SEQ ID NO: 1 or SEQ ID NO: 3”. Claim 5 depends on claim 1. It is unclear how the amino acid sequence of SEQ ID NO: 1 or SEQ ID NO: 3 can have a modifying group covalently bonded to a cysteine residue at position 91 and/or position 103. Because SEQ ID NO: 1 or SEQ ID NO: 3 are unmodified and already comprise a cysteine residue at position 91 and/or position 103. It make no sense.
Applicant should remove a protein comprising the amino acid sequence of SEQ ID NO: 1 or SEQ ID NO: 3 from the claim 5.
Conclusion
Claims 1-14 and 19-20 are rejected. No claim is allowed.
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Mohammad Meah whose telephone number is 571-272-
1261. The examiner can normally be reached on 8:30-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
supervisor, Robert Mondesi can be reached on 4089187584. The fax phone number
for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMAD Y MEAH/Examiner, Art Unit 1652
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