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
Claim Status
Claims 1-6, 8-9, 11-13, 15-17, 19-21, 24, 30 and 47 are pending. Claim 47 has been added. Claims 1-3, 11, 15, 17, 19, 24 and 30 have been amended. Claims 1-6, 8-9, 11-13, 15-17, 19-21, 24, 30 and 47 are presently under consideration.
Claim Objections
Claims 2-4, 30 and 47 are objected to because of the following informalities:
Claim 2 should be amended to recite “The synthetic peptide of claim 1 comprising X1X2VX3NLRGDLQVLX4QKVCX5TX6 (SEQ ID NO:20), X6 is a lysine, or D-lysine”.
Claim 3 should be amended to recite “The synthetic peptide of claim 2 comprising X1X2VX3NLRGDLQVLX4QKVCX5TX6X7 (SEQ ID NO:20), 7 is D-alanine”.
Claim 30 should be amended to recite “…..or citrulline, X6 is a lysine…”.
Claims 4 and 47 depend upon objected claims (i.e. claims 3 and 30, respectively), thus are also objected. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The rejection of claim 30 under 35 USC 112(a) is withdrawn in view of the amendments to the claims.
The rejection of claims 1-9, 11-13, 15-17, 19-21 and 30 under 35 USC 112(b) is withdrawn in view of the amendments to the claims.
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 11-13, 15-17 and 19-21 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 11 is drawn to the synthetic peptide of claim 6, wherein the synthetic peptide comprises SEQ ID NO: 19. The variable X6 is not defined, thus rendering the claim indefinite.
Claims 12-13, which depend from claim 11, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as these claims incorporate by dependency the indefiniteness of claim 11.
Claim 15 is drawn to the synthetic peptide of claim 6, wherein the synthetic peptide comprises SEQ ID NO: 20. The variables X6 and X7 are not defined, thus rendering the claim indefinite.
Claims 16-17, which depend from claim 15, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as these claims incorporate by dependency the indefiniteness of claim 11.
Claim 19 is drawn to the synthetic peptide of claim 5, wherein the synthetic peptide comprises SEQ ID NO: 20. The variables X6 and X7 are not defined, thus rendering the claim indefinite.
Claims 20-21, which depend from claim 19, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as these claims incorporate by dependency the indefiniteness of claim 11.
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.
This is a new rejection.
Claim 9 is 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. Claim 9 is drawn to the synthetic peptide of claim 8, wherein X5 is D-arginine or citrulline. It is noted that in claim 8, X5 is defined as a non-natural amino acid. Therefore, since X5 can be an arginine, D-arginine or citrulline (see claim 1), and the only 2 non-natural amino acids are D-arginine and citrulline, claim 9 fails to further limit the subject matter of claim 8. 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.
Claim Rejections - 35 USC § 102
The rejection of claims 1-3, 24 and 30 under 35 U.S.C. 102(a)(1) as being anticipated by Howard et al. is withdrawn in view of the amendments to the claims.
Allowable Subject Matter
Claims 1, 5-6, 8 and 24 are allowed.
Conclusion
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.
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.
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/SERGIO COFFA Ph.D./
Primary Examiner
Art Unit 1658
/SERGIO COFFA/Primary Examiner, Art Unit 1658
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