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
1. Claims 1, 7, 9, 13, 14, 16, 18, 20-22, 28, 43 are amended. Claims 2-6, 8, 10-12, 15, 23, 25-27, 29-42, 45, 46 are canceled. Claims 19-22, 24, 28, 44 are withdrawn. Claims 1, 7, 9, 13, 14, 16, 17, 18, 43 are under consideration.
Claim Rejections - 35 USC § 112
2. (previous rejection, withdrawn) Claim 3 was rejected under 35 U.S.C. 112(b) or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.
Applicant contends: claim 3 has been canceled.
The rejection is moot.
3. (previous rejection, withdrawn) Claim 3 was rejected under 35 U.S.C. 112(d) or pre-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.
Applicant contends: claim 3 has been canceled.
The rejection is moot.
4. Claims 1, 7, 9, 13, 14, 16-18, 43 are allowable. Claims 19-22, 24, 28, 44, previously withdrawn from consideration as a result of a restriction requirement, contain all the limitations of an allowable claim. Pursuant to the procedures set forth in MPEP § 821.04(a), the restriction requirement as to inventions I-III, as set forth in the Office action mailed on 4/25/2024, is hereby withdrawn and claims 19-22, 24, 28, 44 are hereby rejoined and fully examined for patentability under 37 CFR 1.104. In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claim Objections
5. (new objection) Claim 44 is objected to because of the following informalities:
For improved language and clarity, the claim should recite “hemolytic anemia” instead of “haemolytic anaemia” as well as “paroxysmal cold hemoglobinuria” instead of “paroxysmal cold haemoglobinuria”.
Appropriate correction is required.
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.
6. (new, necessitated by amendment) Claim 44 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
See claim 44 as submitted 11/24/2025.
The claim recites “systemic lupus erthyromatosis” and “systemic lupus erthyromatosus”. It is not clear why the claim recites both terms or what the difference is.
Further, it is not clear what “denmatomyositis” is.
Further, it is not clear what “COPD” means, and if it intends to read on “chronic obstructive pulmonary disease” which is separately recited.
Further, it is not clear if “haemolytic anaemia” reads on “immune hemolytic anemia” or not.
Conclusion
7. Claims 1, 7, 9, 13, 14, 16-22, 24, 28, 43 are allowed.
8. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 M FRANCO G SALVOZA whose telephone number is (571)272-4468. The examiner can normally be reached M-F 8:00 to 5:00.
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/M FRANCO G SALVOZA/Primary Examiner, Art Unit 1672