Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 12 May 2026 has been entered.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 12 May 2026 has been considered by the examiner.
Claim Rejections - 35 USC § 112
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.
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.
5. Claims 39-82 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.
6. Claims 39-41, 51-53 and 62-65 are rejected as being indefinite for reciting “with a pH of 5.5-6.1” (claims 39-41 and 62), and “with a pH of 5.8” (claims 51-53 and 63-65). Since it is not clear if this limitation refers to the pH of the L-arginine or the pH of the formulation, the metes and bounds of the claims cannot be determined.
7. Claims 58-61 are rejected as being indefinite for reciting “and which is sterile”. Since it is not clear if the “sterile” limitation refers only to the syringe or the pre-filled syringe comprising the antibody formulation, the metes and bounds of the claims cannot be determined.
8. Claims 42-50, 54-57 and 66-82 are rejected for depending from an indefinite claim.
Summary
9. No claim is allowed.
Advisory Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JON M LOCKARD whose telephone number is (571) 272-2717. The examiner can normally be reached M-F 9-6 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Hama can be reached on (571) 272-2911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JON M LOCKARD/Examiner, Art Unit 1647 May 28, 2026