DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. The amendments and remarks filed 05/04/2026 are acknowledged. Claims 1, 3-7, 11 and 12 are amended. Claims 2 are cancelled. Claims 1, 3-7, 11-12 and 14 are pending and under examination.
Interview
3. Multiple interviews were conducted with the most recent occurring on 06/02/2026. See interview summary for more details.
Withdrawn Objections
4. The objection to the claims 1 and 7-10 for a grammar informality, is withdrawn in light of Applicant’s amendment thereto. See page 3 of the previous Office action.
Withdrawn Rejections
5. The rejection of claims 1, 3, 5-7, 11-12 and 14 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112(a) or 35 U.S.C 112(pre-AIA ), first paragraph, as failing to comply with the written description requirement, is withdrawn in light of Applicant’s amendment thereto. See page 4 of the previous Office action.
6. The rejection of claims 1-7, 11 ,12 and 14 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112(a) or 35 U.S.C 112(pre-AIA ), first paragraph, as failing to comply with the written description requirement, is withdrawn in light of Applicant’s amendment thereto. See page 14 of the previous Office action
Maintained Rejection
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
7. Claim 3 is 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.
This rejection is maintained for reasons of record (pp. 21-22, Office action mailed
04 February 2026) and for the reasons discussed below. For convenience, the rejection
is repeated herein, adhering to the amendments:
Claim 1 recites the CDR’s for the light chain and heavy chain of the antibody. Claim 3 further recite heavy and light chains, however, the light and heavy chains are at least 95% homologous. Having at least 95% homologous polypeptide sequence of the heavy and light chain is broader than what is recited in claim 1 and fails to further limit the claim. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Applicant’s Arguments
Applicant’s arguments (page 3, remarked received 05/04/2026) have been fully considered but are not found persuasive for the following reasons.
Applicant argues that claim 3 further defines claim 1 by adding limitations to the heavy chain variable region and light chain variable region.
Response to Arguments
This has been fully considered but is not found to be persuasive for the following reasons. Applicant’s note that original claim 3 dependent from claim 1 is acknowledged. The dependency was never the basis of the rejection. Applicant argues claim 3 further defines claim 1 by adding heavy and light chain variable region limitations to a parent defined only by CDRs. This is not persuasive. The test is whether the dependent claim can conceivably be infringed by subject matter that would not infringe the parent. See MPEP 708.01(n)(III). A percent identify range is not further limiting merely because it recites a large structural unit than the parent. Accordingly, the rejection is maintained.
Allowable Subject Matter
8. Claims 1, 4-7, 11-12 and 14 are allowable.
Conclusion
9. 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 Syed J Abbas whose telephone number is (571)272-0015. The examiner can normally be reached M-Th, 9:00AM-4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vanessa Ford can be reached at 571-272-0857. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SYED J ABBAS/Examiner, Art Unit 1674
/VANESSA L. FORD/Supervisory Patent Examiner, Art Unit 1674
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