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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-12) in the reply filed on 06/29/2026 is acknowledged. Claims 1-15, and 20 are pending; claims 13-15 and 20 are withdrawn from prosecution for being drawn to non-elected subject matter. Claims 1-12 are examined.
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 1-12 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. Specifically, the independent claim 1 is drawn to a mutant NF-KB essential modulator (N EMO) protein or fragment thereof comprising a substitution of at least one amino acid residue within amino acids 44-111 of wild-type NEMO (SEQ ID NO: 1), wherein the at least one amino acid residue is selected from the group consisting of T50, L55, R75, E78, R106, and E110. The SEQ ID NO: 1 is not the full sequence of the NEMO protein. However, when indicating the mutation position, the claims indicate the position number in the undisclosed wiled type NEMO. Thus, a search for the protein claimed is not possible.
As such, the metes and bounds of the claims cannot be determined.
A possible remedy is to claim the individual mutants by specific IDS numbers or to indicate the position of the mutations as to the fragment of SEQ ID NO: 1 (e.g. T50 is T7, etc.).
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELLY GERALD STOICA whose telephone number is (571)272-9941. The examiner can normally be reached M-F 8-5 EST.
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ELLY-GERALD STOICA
Primary Examiner
Art Unit 1647
/Elly-Gerald Stoica/Primary Examiner, Art Unit 1647
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