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 .
Acknowledgments and Claim Status
The Examiner acknowledges receipt of the amendment filed 11/14/2025 wherein claims 1-22, 24, 36, 54, 55, and 57-65 were canceled and claims 23, 25, 35, 37, 38, 42, 43, 45, 46, 48, and 66.
Note(s): Claims 23, 25-35, 37-53, 56, and 66 are pending.
Priority
This application is a DIV of 16/673,657 filed 11/4/2019 (now US Patent No. 11,919,972) and 16/673,657 claims benefit to PRO 62/755,403 filed 11/2/2018.
Note(s): The earliest effective filing date is 11/2/2018 because the pending claims are fully supported by the parent applications.
Applicant’s Election
Once again, Applicant's election without traverse of Group I (pending claims 23, 25-35, 37-53 and 66) filed 5/19/2025 is acknowledged. The restriction requirement was deemed proper and made FINAL.
Withdrawn Claims
Claim 56 is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Information Disclosure Statement
The information disclosure statement filed 11/1/2025 was considered.
Response to Applicant’s Amendment and/or Arguments
The Applicant's arguments and/or amendment filed 11/14/2025 to the rejection of claims 23-25, 32, 33, 35-46, 48, 51, 52, and 66 made by the Examiner under 35 USC 103 and/or double patenting have been fully considered and deemed persuasive for reasons of record in Applicant’s response. Therefore, the said rejections are hereby withdrawn.
NEW GROUNDS OF REJECTIONS
112 Second Paragraph Rejections
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 47 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 47: The claim is ambiguous because it appears on canceled claim 36.
112 Fourth Paragraph Rejections
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 43-45 and 48 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 43-45 and 48 all disclose structures that appear to be outside the scope of the cyclic peptide in independent claim 23, line 22. Specifically, the variables G and L1 in the structures do not correspond to the definitions of claim 23. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Note(s): If Applicant is in disagreement with the Examiner regarding the variables G and L1 as they are defined in claims 43-45 and 48, it is respectfully requested that a detailed explanation be provided to clarify the record.
Allowable Claims
Claims 23, 25-35, 37-42, 46, 49-53, and 66 are allowable over the prior art of record. The closest art is Applicant’s own work which was previously cited in the double patenting rejection. Applicant’s work while close does not include a combination of canonical amino acids and non-canonical amino acids as required in the pending application.
Clarification of Record
Applicant is respectfully requested to clarify the phrase ‘or a truncated analogue thereof’ appearing in claim 23, lines 6, 7, 16, and 19.
Comments/Notes
It should be noted that the full scope of Group I was searched.
Conclusion
Claims 23, 25-35, 37-42, 46, 49-53, and 66 are allowable over the prior art of record; claims 43-45, 47, and 48 are rejected; and claim 56 is withdrawn.
This application contains claim 56 drawn to a non-elected invention without traverse in the reply filed on 5/19/2025. A complete reply to the final rejection should include cancellation of non-elected claims or other appropriate action (37 CFR 1.144) See MPEP §821.01.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Future Correspondences
Any inquiry concerning this communication or earlier communications from the examiner should be directed to D L Jones whose telephone number is (571)272-0617. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G. Hartley can be reached at (571)272-0616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D. L. Jones/
Primary Patent Examiner
Art Unit 1618
March 12, 2026