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 .
Applicant’s amendment and remarks filed on 6/22/2026 are acknowledged. Claims 1, 3-4, 7, 9-10, 15-16, and 20-21 are amended. Claims 2, 6, 13-14, 22-23, and 25-26 are cancelled. Claims 1, 3-4, 7-11, 15-16, and 20-21 are pending.
Election/Restrictions
Claims 7-11, 15-16, and 20-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/7/2025. Claims 1 and 3-4 are currently under examination.
Objections Maintained
Specification
The disclosure is objected to because of the following informalities: The specification contains claims. These claims do not correspond with the actual claims. The claims are required to be a separate section from the specification.
Appropriate correction is required.
Applicant has not responded to this objection.
Claim Rejections Withdrawn
The rejection of claim 3 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the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention is withdrawn in light of applicant’s amendment thereto.
The rejection of claims 1-4 and 25 under 35 U.S.C. 102(a)(1) as being anticipated by Vannini et al (WO2020/201076; IDS filed 7/12/2023) is withdrawn in light of applicant’s amendment thereto.
The rejection of claims 2, 6, and 25-26 under 35 U.S.C. 102(a)(1) as being anticipated by Chunyang et al (CN113813255; IDS filed 7/12/2023; translation attached). Page references are to the translation document) is withdrawn. The cancellation of the claims renders the rejection moot.
Claim Rejections Maintained
35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
The rejection of claims 1 and 3-4 under 35 U.S.C. 102(a)(1) as being anticipated by Chunyang et al (CN113813255; IDS filed 7/12/2023; translation attached). Page references are to the translation document) is maintained for the reasons set forth in the previous office action.
The instant claims are drawn to T-cell populations enriched in T-memory stem cells.
Chunyang et al disclose the use of urolithin A in tumor immunotherapy (see abstract). Chunyang et al show treatment of CD8 T cells with urolithin A (see page 7, section 2). According to the instant specification, exposure of T cells to urolithin results in a population enriched in T memory stem cells including CD8 positive T-memory stem cells. Chunyang et al also disclose treatment of CAR-T cells with urolithin A (see page 7, section 3 and Figure 1C).
Applicant argues:
That Chunyang et al does not disclose a T cell population enriched in CAR-expressing T memory stem cells and instead discloses promotion of effector CAR-T cells which are distinct from CAR-expressing T memory stem cells.
Applicant’s arguments have been fully considered and are not persuasive for the following reasons: The instant specification indicates that exposure of T cells to urolithin results in a population enriched in T memory stem cells. Therefore, when Chunyang exposed their CAR T cells to urolithin, they necessarily ended up with a composition enriched in CAR expressing T memory stem cells.
Conclusion
No claim is allowed.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian J Gangle whose telephone number is (571)272-1181. The examiner can normally be reached M-F, 9-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Gussow can be reached at 571-272-6047. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN GANGLE/Primary Examiner, Art Unit 1645
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