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 .
Summary
Claims 1-9 are pending in this office action. All pending claims are under examination in this application. The Examiner called the attorney of record, Haris Bajwa, on October 17, 2025 and was informed that the application is currently being reassigned. No authorization could be obtained for an Examiner’s amendment. Therefore, the office is issuing a Non-Final Rejection.
Priority
The current application was filed on November 15, 2023 is a 371 of PCT/IB2022/054573 filed May 17, 2022, which in turn claims domestic priority to provisional patent application 63/189,229 filed on May 17, 2021.
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.
Claims 1-9 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.
Claim 1 needs to use the lower-case form of cyclosporine A.
Additionally, claim 1 needs a hyphen between alpha tocopherol (alpha-tocopherol).
In a similar manner, claim 2 also needs to use the lower-case form of cyclosporine A. Furthermore, since the Applicant has defined the acronym for cyclosporine A (CsA) in claim 1. The acronym can be optionally used within the claim.
Dependent claims 3-9 fail to cure the defect of claim 2.
Claim 4 has the text “1, 2-Distearoyl-sn-glycero-3-phosphoethanolamine-PEG conjugate.” It should be written “1,2-distearoyl-sn-glycero-3-phosphoethanolamine-PEG conjugate.”
Appropriate correction is required.
Conclusion
No claims are allowed.
[No prior art was identified for rejection purposes. To proceed to allowance, the 35 U.S.C. §112(b) rejections must be resolved by the Applicant.]
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/JOHN W LIPPERT III/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615