DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Applicant's amendment and remarks filed on 07/08/2026 are acknowledged.
Claims 1-50 are pending.
3. Applicant’s election without traverse of the invention of Group I in the reply filed on 07/08/2026 is acknowledged.
Claims 25-33 and 42-45 are withdrawn from further consideration by the Examiner under 37 C.F.R. § 1.142(b) as being drawn to nonelected inventions.
Claims 1-24, 34-41 and 46-50 are presently under consideration.
4. 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.
5. Claim 11 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 11 is indefinite in the recitation of an immunoglobulin constant region which is “immunologically inert,” because the range of structural or functional features of constant regions within the scope of the claim is insufficiently defined. While the term “immunologically inert” immunoglobulin constant region is used in the art, it may refer to a variety of functional properties, such as binding to specific types of Fc receptors or complement proteins, which in turn affect the ability of the antibody to induce antibody-dependent, cell-mediated, and complement dependent cytotoxicity. A broad range of Fc modifications can affect various combinations of these properties to various degrees. Therefore, it is unclear which of the multiple Fc effector functions must be reduced, and to what degree, for the variant to be considered “immunologically inert” within the scope of claim 11.
In view of the above, a person of ordinary skill in the art cannot unequivocally interpret the metes and bounds of the claims so as to understand how to avoid infringement. Applicant is reminded that any amendment must point to a basis in the specification so as not to add New Matter. See MPEP 714.02 and 2163.06.
6. The following later-filed US patent application discloses and/or claims the presently claimed subject matter, but does not share a coinventor or an assignee with the present application:
USSN 19355733, published as US 20260028410.
7. Conclusion: claims 1-10, 12-24, 34-41 and 46-50 are allowable.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ILIA I OUSPENSKI whose telephone number is (571)272-2920. The examiner can normally be reached 9 AM - 5:30 PM.
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/ILIA I OUSPENSKI/ Primary Examiner, Art Unit 1644
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