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 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 132 is 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 132 recite the phrase in parenthesis that are not exemplary phrases, which renders the claim indefinite because it is unclear whether the limitations within the parenthesis are part of the claimed invention. See MPEP 2173.05(d).
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: The instant claims are directed to a method of treating a T cell-mediated immune disorder comprised of administering an antibody comprising either SEQ ID NOs:1-6 or 21-26; and comprising a specific humanized VL framework sequences and a humanized VH framework sequences, wherein the antibody has been previously been allowed (US Patent No. 11680104, IDS entered on February 6, 2026). According to the instant specification, an antibody comprising SEQ ID NOs:1-6 or 21-16 (page 91) are the CDR sequences of 13E2 anti-Lag3 antibody. One of the humanized antibody of 13E2 of the instant application that is disclosed is IMP761 antibody (Example 18).
There are many numerous patent literature that teaches the 13E2 anti-Lag3 antibody as noted in the IDS (including US Patent No. 11492407, IDS entered on 2/5/2026), but these do not qualify as prior art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Claims 124-131 are allowed.
Claim 132 is rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE WU whose telephone number is (571)272-5205. The examiner can normally be reached M-F 9-5PM.
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/JULIE WU/Supervisory Patent Examiner, Art Unit 1643
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