PTPRS IN AUTOIMMUNITY

Status of the Application This Office Action is in response to the Amendment and Remarks filed 30 July 2026. The objections to the claims are withdrawn in view of Applicant’s amendments. The rejection under 35 USC 112(a) for lack of written description is withdrawn in view of Applicant’s amendments to the claims. 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 person shall be entitled to a patent unless – (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. Claims 1-3, 5 and 10 remain rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bottini et al (U.S. 2015/0175979 A1). At claim 13, Bottini et al disclose a pharmaceutical composition comprising a soluble extracellular domain of PTPRS, including Ig1, Ig2 and Ig3. At claim 3, Bottini et al disclose that the recombinant protein can comprise both the Ig1 and Ig2 domains. The instant Specification defines the “peptide linker” as including at least 2 amino acids as long as the linker does not interfere with extracellular domain of PTPRS ligand binding on page 13. Bottini et al disclose that the PTPRS extracellular domains can be linked together on page 10, right column, 1st paragraph. At claim 55, Bottini et al disclose that the pharmaceutical composition can be used in a method of treating the autoimmune disease lupus. Hence, Bottini et al anticipate the method of instant claims 1-3, 5 and 10. Applicant argues that Bottini et al do not teach or suggest IFN production by pDCs. Applicant argues that Bottini et al also do not teach inhibiting IFN production by pDCs using, e.g., Ig1&2 to inhibit association of proteoglycans with PTPRS. Applicant argues that Bottini et al do not teach or suggest every element of claim 1, upon which the remaining claims depend either directly or indirectly (pages 3-4 of the Remarks). Applicant’s arguments are not found persuasive. The limitation “inhibits interferon (IFN) production by the pDCs” is directed to a desired result of the “administering” method step. The prior art had previously disclosed the “administering” step. See Integra LifeSciences I Ltd. V. Merck KGaA 50 USPQ2d 1846, 1850 (DC SCalif 1999), which teaches that where the prior art teaches all of the required steps to practice the claimed method and no additional manipulation is required to produce the claimed result, then the prior art anticipates the claimed method. Failure of those skilled in the art to contemporaneously recognize an inherent property, function or ingredient of a prior art reference does not preclude a finding of anticipation, Atlas Powder Co. v. IRECO, Inc., 190 F.3d 1342, 1349, 51 USPQ2d 1943, 1948 (Fed. Cir. 1999). Conclusion THIS ACTION IS MADE FINAL. 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. No claims are allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID H KRUSE whose telephone number is (571) 272-0799. The examiner can normally be reached Monday-Friday 7AM-3:30PM. 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, Amjad Abraham can be reached on (571) 270-7058. 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. /David H Kruse/ Primary Examiner, Art Unit 1663