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 .
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-4) and Species AURKA in the reply filed on March 17,2026 is acknowledged. Claims 5-15, 17, and non-elected species are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II-III and non-elected species in Claim 4, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 17, 2026.
Claim Rejections - 35 USC § 112
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.
Claims 1-4 are 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. The preamble recites “a method for selecting mesenchymal stem cells having improved self-maintenance ability.” However, the actual claim limitations just mention measuring an expression or activity level. No separation step is present in the actual body of the claims. Therefore, it is unclear if the claims are method claims for selecting or method claims for measuring an expression or activity level.
Claim Rejections - 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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. “Gene Expression Profiles of Human Adipose Tissue-Derived Mesenchymal Stem Cells are Modified by Cell Culture Density” PLOS, January 2014, Volume 9, Issue 1.
Kim discloses measuring an expression or activity level of a mesenchymal stem cell (MSC) self-maintenance factor (MSMF) after culturing mesenchymal stem cells (Abstract, Page 2, Pages 4-7 including their figures/drawings of Kim) as in instant Claim 1. Kim further discloses where the mesenchymal stem cells are derived from fat/adipose (Page 2, Characteristics of AT-derived MSCs and culture by seeding density of Kim) as in instant Claim 2. Kim discloses wherein the MSMF includes proliferative genes such as AURKA (Page 2, Gene expression profiles of AT-MSCs cultured at different seeding densities section of Kim) as in instant Claims 3-4.
The reference anticipates the claim limitation.
Conclusion
All claims stand rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN K VAN BUREN whose telephone number is (571)270-1025. The examiner can normally be reached M-F:9:30am-5:40pm; 9:00-10:00pm.
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LAUREN K. VAN BUREN
Examiner
Art Unit 1638
/Tracy Vivlemore/Supervisory Primary Examiner, Art Unit 1638
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