DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-9 and 11 in the reply filed on 6/30/2026 is acknowledged.
Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 6/30/2026.
Accordingly, Claims 1-9 and 11 will be examined on the merits.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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)(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.
Claim(s) 1-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kerbauy et al. (PgPub 2020/0390816, cited on IDS filed 8/30/2023).
The claims are drawn to a method comprising administering allogeneic Natural Killer cells intravenously that are CD3-, CD56+ and CD16+ and a pharmaceutical composition comprising allogeneic NK cells.
Kerbauy et al. teach methods of treatment comprising administering a therapeutically effective amount of expanded allogenic NK cells to a subject. Kerbauy et al. disclose the NK cells are isolated by ex vivo expansion wherein the cell culture is depleted of any cells expressing CD3 and are CD56+. Kerbauy et al. further disclose the isolated NK cells may be haplotype matched for the subject to be administering the cell therapy by detecting specific surface markers such as CD16, CD56 and CD8. Kerbauy et al. teach the NK cells can be administered to an individual that has cancer or an infection and the NK cells are administered to inhibit an inflammatory processes in disorders such as septic shock from viral or bacterial infections. Kerbauy et al. teach administration can be intravenous and the concentration of NK cells desirably should be sufficient to provide in the subject being treated at least from about 1×10.sup.6 to about 1×10.sup.9 NK cells.
Conclusion
Claims 1-9 and 11 are rejected.
No Claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEERA NATARAJAN whose telephone number is (571)270-3058. The examiner can normally be reached M-F 9AM - 5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JULIE WU can be reached at 571-272-5205. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Meera Natarajan/Primary Examiner, Art Unit 1643
Prosecution Insights