Humanized mAb107

Application No. 18/283,927

• Filed: Sep 25, 2023
• Priority: Mar 26, 2021 — provisional 63/166,711
  • Mar 25, 2022 — nonprovisional of PCTUS2022021950
  • Mar 25, 2022 — nonprovisional of PCTUS2221950
• Examiner: MACFARLANE, STACEY NEE
• Art Unit: 1675
• Tech Center: 1600 — Biotechnology & Organic Chemistry
• Assignee: THE GENERAL HOSPITAL Corporation
• OA Round: 1 (Non-Final)

Office Action

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 .
Response to Amendment

Claim 5 has been amended as requested in the amendment filed on 22 July 2026. Following the amendment, claims 1-39 are pending in the instant application, and are under examination in the instant office action.
Claim Objections
Claims 39 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot serve as the basis for another multiple dependent claim. Specifically, Claim 39 refers back to claim 36-37 but claims 36 and 37 depend from claim 35 which is a itself a multiple dependent claim. See MPEP § 608.01(n). Accordingly, claim 39 will not been further treated on the merits.
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 3 and 6-39 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.
Claim 3, and all claims that depend from it directly or indirectly, is indefinite wherein it recites: “QVQLVQSGAEVKKPGASVKVSCKPSGFNIKDIYMQWVRQAPGQRLEWIGRIDPADD KTKYDPKFQGRATITADTSASTAYLELS SLRSEDTAVYYCASEGHYGYDGYAMDYW GQGTTVTVSSASTKGPSVFPLAPCSRSTSESTAALGCLVKDYFPEPVTVSWNSGALTS GVHTFPAVLQS SGLYSLS SVVTVPS S SLGTKTYTCNVDHKPSNTKVDKRVESKYGPPC PPCPAPEFLGGPSVFLFPPKPKDTLMISRTPEVTCVVVDVSQEDPEVQFNWYVDGVE VHNAKTKPREEQFNSTYRVVSVLTVLHQDWLNGKEYKCKVSNKGLPS SIEKTISKAK GQPREPQVYTLPPSQEEMTKNQVSLTCLVKGFYPSDIAVEWESNGQPENNYKTTPPV LDSDGSFFLYSRLTVDKSRWQEGNVFSCSVMHEALHNHYTQKSLSLSLGK (heavy chain, SEQ ID NO:13)”. The sequence listing disclose SEQ ID NO: 13 as METDTLLLWVLLLWVPGSTGD. The specification provides two different amino acid sequences for SEQ ID NO: 13 (see pgs. 3 and 28-29). Therefore, when read in light of the specification the scope of the claim is unclear.
Allowable Subject Matter
Claims 1-2 and 4-5 are allowable.

Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY NEE MACFARLANE whose telephone number is [phone]. The examiner can normally be reached M-F 7:30-5 (EST) & Sat. A.M..
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, Jeffrey Stucker can be reached at 571-272-0911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STACEY N MACFARLANE/Examiner, Art Unit 1675

Prosecution Timeline

• Sep 25, 2023: Application Filed
• Sep 29, 2026: Non-Final Rejection mailed — §112 (current)