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 1 is pending and under consideration. Information Disclosure Statement The Information Disclosure Statement filed on 10/5/2023 has been considered. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The written description in this case only sets forth an antibody or a fragment thereof having a heavy chain variable region having amino acid sequence of SEQ ID NO: 21 and a light chain variable region having amino acid sequence of SEQ ID NO: 22 that specifically binds to a KIR3DL2 polypeptide in a biological sample , and therefore the written description is not commensurate in scope with “ any antibody or a fragment thereof that is capable of binding to KIR3DL2 that comprises a heavy chain variable region having up to 20% variation from the amino acid sequence of SEQ ID NO: 29 and a light chain variable region having up to 20% variation from the amino acid sequence of SEQ ID NO: 21 . The claims broadly encompass any antibody or a fragment thereof that comprises up to 20% variation to a heavy chain variable region of SEQ ID NO: 2 1 and to a light chain variable region of SEQ ID NO: 2 2 and that the antibody or fragment thereof is capable of specifically binding to KIR3DL2 . The claims do not require that the 3 CDRs of heavy chain variable region and 3 CDRs of light chain variable region comprises specific amino acid sequences responsible for specific binding to KIR3DL2. The specification on pg. 25-26 , discloses that the antibody P3R4DH5 comprises heavy chain HCDRs 1-3 of SEQ ID Nos: 3 , 6 , 9, respectively and light chain LCDRs 1-3 of SEQ ID NO: 12, 15, and 18, respectively needed for specific binding to KIR3DL2. To provide adequate written description and evidence of possession of a claimed genus, the specification must provide sufficient distinguishing identifying characteristics of the genus. Some of the factual considerations that are weighed when determining a written description include the level of skill and knowledge in the art, the disclosure of complete or partial structures, the disclosure of physical and or chemical properties, adequate disclosure of the functional characteristics, the correlation between structure and function, and disclosure of methods of making. However, the specification does not describe any antibody or fragment thereof can have variations within the HCDR1-3 or LCDR1-3 that can still bind to KIR3DL2. The heavy chain variable region of the antibody P3R4DH5 is about 123 amino acids and light chain is about 119 amino acids. The variation of up to 20% would be about 24 amino acid deletion, insertion or substitution in the heavy chain variable region including replacement of HCDR1, 2 or 3; and insertion, deletion or substation of 24 amino acids in the light chain variable region, including replacement of LCDR1, 2 or 3 . Rudikoff et al. (Proc. Natl. Acad. Sci. 79: 1979-1983, 1982) teach that a large number of structural diversity can be generated from the germ line repertoire because more than 200 light (L) and heavy (H) chain gene exist in the germ line. They disclose that a single amino acid mutation in antigen can result in different antibody generation with different specificities and one CDR would not be enough for the antigen recognition. An antibody would need 6 CDRs to recognize the antigen with high specificity. In AbbVie Deutschland GmbH & Co. v. Janssen Biotech, Inc., Ill USPQ2d 1780 (Fed. Cir. 2014) AbbVie had claims to functionally claimed antibodies and Centocor presented evidence that the antibodies described in AbbVie's patents were not representative of other members of the functionally claimed genus. The decision states, “When a patent claims a genus using functional language to define a desired result, ‘the specification must demonstrate that the applicant has made a generic invention that achieves the claimed result and do so by showing that the applicant has invented species sufficient to support a claim to the functionally-defined genus.’ Id. at 1349. We have held that 'a sufficient description of a genus ... requires the disclosure of either a representative number of species falling within the scope of the genus or structural features common to the members of the genus so that one of skill in the art can “visualize or recognize” the members of the genus.’ Id. at 1350 (quoting Eli Lilly, 119 F.3d at 1568-69). Here, the claimed invention is a class of fully human antibodies that are defined by their high affinity and neutralizing activity to human IL-12, a known antigen. AbbVie's expert conceded that the '128 and '485 patents do not disclose structural features common to the members of the claimed genus.” The AbbVie decision considers how large of a genus is involved and what species of the genus are described in the patent. With the written description of a genus, however, merely drawing a fence around a perceived genus is not a description of the genus. One needs to show that one has truly invented the genus, i.e., that one has conceived and described sufficient representative species encompassing the breadth of the genus. Otherwise, one has only a research plan, leaving it to others to explore the unknown contours of the claimed genus. See Ariad, 598 F.3d at 1353 (The written description requirement guards against claims that “merely recite a description of the problem to be solved while claiming all solutions to it and ... cover any compound later actually invented and determined to fall within the claim's functional boundaries.”). The specification does not disclose deletion, insertion or substitution of 15, 20 or 24 amino acid in the heavy chain variable region or replacing, deleting or insertion of 15, 20 or 24 amino acid in the light chain variable region of an antibody that specifically binds to KIR3DL2 polypeptide. The general knowledge and level of skill in the art do not supplement the omitted description because specific, not general, guidance is what is needed. Applicant is directed to the Guidelines for the Examination of Patent Applications Under the 35 U.S.C. 112, 1 "Written Description" Requirement, Federal Register, Vol. 66, No. 4, pages 1099-1111, Friday January 5, 2001. Vas-Cath Inc. V. Mahurka , 19 USPQ2d 1111, states that applicant must convey with reasonable clarity to those skilled in the art that, as of the filing date sought, he or she was in possession of the invention. The invention, for purposes of the written description inquiry, is whatever is now claimed (see page 1117). The specification does not “clearly allow persons of ordinary skill in the art to recognize that [he or she] invented what is claimed.” (see Vas-Cath at page 1116). A description of a genus may be achieved by means of a recitation of a representative number of species falling within the scope of the genus or of a recitation of structural features common to the members of the genus, which features constitute a substantial portion of the genus. Regents of the University of California v. Eli Lilly & Co., 119 F3d 1559, 1569, 43 USPQ2d 1398, 1406 (Fed. Cir. 1997). In Regents of the University of California v. Eli Lilly (43 USPQ2d 1398-1412), the court held that a generic statement which defines a genus of nucleic acids by only their functional activity does not provide an adequate written description of the genus. The court indicated that, while applicants are not required to disclose every species encompassed by a genus, the description of the genus is achieved by the recitation of a representative number of species falling within the scope of the claimed genus. At section B (1), the court states an adequate written description of a DNA ... requires a precise definition, such as by structure, formula, chemical name, or physical properties, not a mere wish or plan for obtaining the claimed chemical invention. As discussed above, the skilled artisan cannot envision the detailed genus of “ any antibody or fragment thereof having up to 20% variant s of a heavy chain variable region of SEQ ID NO: 21 and a light chain variable region of SEQ ID NO: 22 that is capable of specific binding to KIR3DL 2 ” and therefore conception is not achieved until reduction to practice has occurred, regardless of the complexity or simplicity of the method of making a mutation. The compound itself is required. See Fiers v.Revel , 25USPQ2d 1601 at 1606 (CAFC 1993) and Amgen v.Baird, 30 Chugai Pharmaceutical Co. Ltd., 18 USPQ2d 1016. One cannot describe what one has not conceived. See Fiddes v. Baird , 30 USPQ2d 148 at 1483. In Fiddes , claims directed to mammalian FGF's were found to be unpatentable due to lack of written description for that broad class. Therefore, only an antibody or fragment thereof having a heavy chain variable region of SEQ ID NO: 21 and a light chain variable region of SEQ ID NO:22 that is capable of binding to the polypeptide KIR3DL2 , but not the full breadth of the claim meets the written description provision of 35 U.S.C. §112, first paragraph. Applicant is reminded that Vas-Cath makes clear that the written description provision of 35 U.S.C. 112 is severable from its enablement provision (see page 1115). Conclusion Claim 1 is rejected. It is noted to applicant that the amino acid sequences of SEQ ID NO: 21-22 are free of prior art. 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