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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed on 13 July 2023. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Group I, corresponding to claims 112-119, and binding molecule 1D3 in claim 112, an antibody and CAR in claim 113, SEQ ID NOs: 12 and 18 in claim 114, a monoclonal antibody in claim 115, and an Fv fragment in claim 116 in the reply filed 13 April 2026 is acknowledged. Claims 120-152 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 13 April 2026.
Claim Objections
Claim 112 is objected to because the claim should state the target antigen of the binding molecule. Appropriate correction is required.
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.
Claim 112-1191 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.
Regarding claim 116 (line 4)2, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 1123, the phrase “are as defined by” in lines 4-6 is indefinite because it is unclear if the Applicant is limiting the binding molecule to only these CDRs (consisting) or at least these CDRs (comprising). The dependent claims do not add additional clarity and, therefore, are also indefinite.
For purposes of compact prosecution and applying prior art, the claims were broadly interpreted to require a binding molecule comprising the CDR sequences of SEQ ID NOs: 8-10 and 14-16. It is noted any interpretation of the claims set forth above does not relieve Applicant of the responsibility of responding to this rejection. If the actual interpretation of the claims is different than that posited by the Examiner, additional rejections and art may be readily applied in a subsequent final Office action.
Conclusion
NO CLAIMS ARE ALLOWED
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cassandra Senn Grizer whose telephone number is (571)272-2292. The examiner can normally be reached M-Th 0630 - 1700 ET.
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/CASSANDRA SENN GRIZER/ Examiner, Art Unit 1672
/THOMAS J. VISONE/ Supervisory Patent Examiner, Art Unit 1672
1 It is noted, though Applicant did not select this species, the Trademark in claim 115 (line 8) would render the claim indefinite.
2 It is noted, though Applicant did not select these species, that claim 113 (lines 16, 19, 28, and 32), claim 115 (lines 3, 8-911, 13, 15, 18, 22, 24, and 28), and claim 116 (lines 5 and 7) also use the phrases “such as”, “for example” or “e.g.” which would also render the claims indefinite under 112(b).
3 It is noted, though Applicant did not elect these species lines 8-19 of claim 112 would also be indefinite as they contain the phrase “as defined by”.
Prosecution Insights