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 .
112 Rejections Withdrawn
The rejections of claims 1-20 under 35 USC 112(b) or 35 USC 112 (pre-AIA ), second paragraph, outlined in the previous Office Action, have been overcome by inventor’s amendment. With respect to claim 20, the amendment clarifies the claim as appropriate. With respect to the remaining claims, the amendment cancels the claims.
Claim Rejections - 35 USC § 112, NEW
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 21 and 22 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.
The term overexpressing in the limitations “…overexpressing circCDK13…” (claim 21) and “…overexpressing the circCDK13…” (claim 22) is a relative term which renders the claims indefinite. What is, or is not, overexpression would seem to be the most subjective of determinations. Overexpressing in relation to what exactly?
Clarification is in order.
Claims 23-32 are also 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.
Claims 23-32 all depend, or ultimately depend, from an indefinite claim yet do not relieve the indefiniteness. Dependent claims 23-32 are also, therefore, indefinite.
102 Rejections Withdrawn
The rejection of claims 1, 3-6, 13 and 15-18 under 35 USC 102(a)(1), outlined in the previous Office Action, has been overcome by inventor’s amendment. The amendment cancels the claims.
103 Rejections Withdrawn
The rejection of claim 2 under 35 USC 103, outlined in the previous Office Action, has been overcome by inventor’s amendment. The amendment cancels the claim.
The rejection of claims 7-12 under 35 USC 103, outlined in the previous Office Action, has been overcome by inventor’s amendment. The amendment cancels the claims.
Allowable Subject Matter
Claim 20 is allowed. The subject matter of claims 21-32 would be allowable once the 112 rejections outlined above have been overcome. The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art appears to be Cell Biol. Toxicol. (2023), 39, pp. 497-518 (published online on 4/29/2022), prior art of record, which teaches that hMSCs-derived exosome circCDK13 inhibits liver fibrosis. The reference does not, however, teach, show, suggest or make obvious the instant method promoting wound healing in DM comprising administering a medicament comprising circCDK13-enriched engineered small extracellular vesicles.
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 BRIAN J DAVIS whose telephone number is (571)272-0638. The examiner can normally be reached M-F 8:30-5:00 PM EST.
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/BRIAN J DAVIS/Primary Examiner, Art Unit 1614 2/27/2026