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 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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Larsen US 20190194087.
Regarding claim 1, Larsen teaches generation of lead-212 based radio labelled proteins, such as radioimmunoconjugates (Abstract). This is a substance comprising a radionuclide, a conjugator and a protein (Para [0027]). The reference teaches separation of the radionuclides by size exclusion discrimination (Para [0031]) or by ion exchange chromatography via a resin (Para [0033]).
Regarding claims 2 and 3, the Larsen reference teaches separation of the radionuclides by size exclusion discrimination (Para [0031]) or by ion exchange chromatography via a resin (Para [0033]). The reference teaches using an actinide resin on a column which retains the radionuclide and the radio pharmaceutical product is eluted and isolated from the free radionuclide (Th228). See Para [0113].
Regarding claim 4, the reference teaches using desalting resin with an embodiment using a Sephadex column (Para [0070]). This is the industrial name for a cross-linked dextran gel (See exemplary reference defining Sephadex Porath “gel filtration…” Pg. #1658, right hand column, second para).
Regarding claim 5, the reference teaches the formulation being Pb212 in one example (Para [0035]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Larsen US 20190194087.
Regarding claims 6 and 7, the Larsen reference teaches the formulation being Pb212 in one example (Para [0035]). Before the active filing date of the claimed invention it would have been obvious for a person to use the column separation process of Larsen on Ac-225 or Th-227. One would be selection from a finite number of identified radionuclide elements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED TAHA IQBAL whose telephone number is (571)270-5857. The examiner can normally be reached M-F; 7-5.
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/SYED T IQBAL/ Examiner, Art Unit 1736
/ANTHONY J ZIMMER/ Supervisory Patent Examiner, Art Unit 1736
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