DETAILED ACTION
Status of Application
Receipt of the Claim set and remarks filed 2/20/2026 is acknowledged.
Claims 1-42 are cancelled.
Claims 43-60 are currently under consideration.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Allowable Subject Matter
Claims 43-57 are free of the art after review of the amended claims and remarks filed 2/20/2026. The previous rejections under 35 USC 112(b) and 35 USC 103 are withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 58-60 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 pre-AIA the applicant regards as the invention.
Claim 58 is indefinite for reciting “A method of treating or preventing one or more symptoms in a subject having a symptom or condition related to a disease, allergy, pollutant, infection or an undesirable agent as defined in a”, which is unclear because the instant specification does not provide objective definition for what “related to” entails in the phrase “a symptom or condition related to a disease, allergy, pollutant, infection or an undesirable agent”.
Claims 59-60 are included in the rejection because they do not correct for the defect of the claim from which they depend.
Appropriate correction is required.
Conclusion
Claims 43-57 claims are allowed.
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/QUANGLONG N TRUONG/Examiner, Art Unit 1615
