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 .
DETAILED ACTION
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/6/2026 has been entered.
Claim Status
Claims 39, 42, 44, 47-52, 57, 62, 66-67, 73, 77, 92-93, 104, 150, 152, 176, 179-182 and 187-191 are pending. Claims 39, 42, 44, 47-52, 57, 62, 66-67, 73, 77, 92-93, 104, 150, 152, 176, 179-182 and 187-191 are being examined in this application.
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.
This is a new rejection.
Claims 188 and 190-191 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 188 recites the broad recitation “wherein the disease or disorder is Inflammatory Bowel Disease (IBD)”, and the claim also recites “wherein the Inflammatory Bowel Disease (IBD) is ulcerative colitis or Crohn’s disease” which is the narrower statement of the range/limitation. Claim 190 recites the broad recitation “wherein the disease or disorder is psoriasis”, and the claim also recites “wherein the psoriasis is plaque psoriasis” which is the narrower statement of the range/limitation. Claim 191 recites the broad recitation “wherein the disease or disorder is psoriasis”, and the claim also recites “wherein the psoriasis is plaque psoriasis” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
To overcome this rejection, the claims should be rewritten as follows:
Claim 188. The method of claim 187, wherein
Claim 190. The method of claim 187, wherein
Claim 191. The method of claim 179, wherein
Allowable Subject Matter
Claims 39, 42, 44, 47-52, 57, 62, 66-67, 73, 77, 92-93, 104, 150, 152, 176, 179-182, 187 and 189 are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SERGIO COFFA whose telephone number is (571)270-3022. The examiner can normally be reached M-F: 6AM-4PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MELISSA FISHER can be reached at 571-270-7430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SERGIO COFFA Ph.D./
Primary Examiner
Art Unit 1658
/SERGIO COFFA/Primary Examiner, Art Unit 1658
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