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 .
Claim Status
Claims 1-2, 4, 6-7, 9-12, and 16-26 are pending.
Claims 3,5, 8, 13-15, and 27-28 are cancelled.
Claim 16 and 23-26 are withdrawn.
Claims 1-2, 4, 6-7, 9-12, and 17-22 have been examined.
Priority
This application is a 371 of PCT/US2022/011283 01/05/2022
PCT/US2022/011283 has PRO 63/134,059 01/05/2021
Withdrawn Rejection
All rejections of record are withdrawn because the amendment of Y moiety comprising SEQ ID NO : 2 (CYS) overcomes all rejection of record.
New Ground of Rejection
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 1-2, 4, 6-7, 9-12, and 17-22 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation Y peptide motif comprising SEQ ID NO: 2 (Cys-Tyr-Ser), reading on at least 3 amino acids or longer in length, and the claim also recites Y peptide motif consisting of 1 to 10 amin acids which is the narrower statement of the range/limitation. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Claims 2, 4, 6, 9-12, 17, and 21-22 are rejected as depending on claim 1.
Similarly, claim 6 recites the broad recitation Y peptide motif comprising 3-9 amino acids in length, and the claim also recites Y peptide motif consisting of 3-9 amin acids in length which is the narrower statement of the range/limitation.
Claims 7 and 18-20 recite the limitation " Y peptide motif comprising SEQ ID NO: 2 (Cys-Tyr-Ser)" in claim 1. There is insufficient antecedent basis for this limitation in the claim. The claimed peptides in claims 7 and 18-20 do not comprise the Y peptide motif SEQ ID NO: 2 as shown follows.
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Allowable Subject Matter
The elected peptide species of (R)x7(C)=(C)GSFPPWVQ[KTE(B-A1a)V, not reading on claim 1, is allowable.
Conclusion
No claim is allowed.
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.
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.
/J.L/ Examiner, Art Unit 1658
09-September-2026
/Melissa L Fisher/ Supervisory Patent Examiner, Art Unit 1658
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