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
The amendment filed on June 4, 2026 has been entered.
Status of Claims
Claims 1-2 and 6-21 are pending.
Claims 1-2 and 6-21 are under examination.
Declaration under 37 CFR 1.130
The declaration under 37 CFR 1.130(a) filed on June 4, 2026 is sufficient to overcome the rejection of claims 1-20 based on Twafra (A novel Pyk2-derived peptide inhibits invadopodia-mediated breast cancer metastasis. Oncogene 42, 278–292 (2023). Published on-line on October 18, 2022. – cited previously on form PTO-892). The reference of Twafra does not qualify as prior art under 35 USC 102(a) as it falls within the exception set forth in 35 USC 102(b)(1)(A).
Declaration under 37 CFR 1.132
The declaration under 37 CFR 1.132 filed on June 4, 2026 is sufficient to overcome the rejection of claims 1-20 under 35 U.S.C. 112(a) for lack of written description and enablement. Claim 1 has been amended to recite a Pyk2 derived peptide having a length of 10-30 amino acids and comprising the consensus sequence PxxPx(R/K)P(K/R)(Y/W/F), wherein the second position is a proline. Applicant' s argument that the specification provides numerous examples to support the claimed genus has been found persuasive.
Response to Amendments/Arguments
Abstract
Applicant’s arguments, see page 6 of the Remarks, filed June 4, 2026, with respect to the Abstract have been fully considered and are persuasive. Applicant’s argument that the Abstract recites a consensus of three specifically defined amino acids has been found persuasive. Therefore, the objection of the Abstract has been withdrawn.
Nucleotide and/or Amino Acid Sequence Disclosures
Applicant’s arguments, see page 6 of the Remarks, filed June 4, 2026, with respect to the Specification have been fully considered and are persuasive. The specification has been amended to recite sequence identifiers for PPψPxKP, PPPKPSRP, and PPQKPPRL, SEQ ID NOs: 25-27. Therefore, the objection of the specification has been withdrawn.
Claim Objections
Applicant’s arguments, see page 7 of the Remarks, filed June 4, 2026, with respect to claims 1-13 have been fully considered and are persuasive. Claims 1 and 13 have been amended to recite the entire phrase of “Pyk2”. Therefore, the objection of claims 1-13 has been withdrawn.
Claim Rejections - 35 USC § 112(b)
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.
Withdrawn Rejections
Applicant’s arguments, see page 7 of the Remarks, filed June 4, 2026, with respect to claim 1 and claims 2-20 depending therefrom have been fully considered and are persuasive. Applicant’s argument that claim 1 recites a consensus of three specifically defined amino acids has been found persuasive. Therefore, the rejection of claims claim 1 and claims 2-20 depending therefrom under 35 U.S.C. 112(b) has been withdrawn.
Applicant’s arguments, see page 7 of the Remarks, filed June 4, 2026, with respect to claim 2 have been fully considered and are persuasive. Claim 2 has been amended to delete the limitation lacking antecedent basis. Therefore, the rejection of claim 2 under 35 U.S.C. 112(b) has been withdrawn.
Applicant’s arguments, see page 7 of the Remarks, filed June 4, 2026, with respect to claims 2 and 6 have been fully considered and are persuasive. Claims 2 and 6 have been amended to delete the broad range together with a range limitation. Therefore, the rejection of claims 2 and 6 under 35 U.S.C. 112(b) has been withdrawn.
Applicant’s arguments, see page 7 of the Remarks, filed June 4, 2026, with respect to claim 3 have been fully considered and are persuasive. Claim 3 has been cancelled. Therefore, the rejection of claim 3 under 35 U.S.C. 112(b) has been withdrawn.
New Rejections
Claims 1 and 21 and claims 2 and 6-20 depending therefrom 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.
Claims 1 and 21 recite the limitation “UniProt accession No. Q14289”. The metes and bounds of the limitation in the context of the above claims are not clear. The claims do not recite a SEQ ID NO: to define the consensus region and therefore are not fully defined. An amino acid sequence identified by an Accession Number can be altered, whereas an amino acid sequence identified by a SEQ ID NO presented in a Sequence Listing is fixed and definite. Appropriate correction is required.
Claims 1 and 21 and claims 2 and 6-20 depending therefrom 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.
Claims 1 and 21 recite the limitations “position 715..716..718” or “position 721 The metes and bounds of the limitation in the context of the above claims are not clear. It is unclear what amino acid position corresponds to position 715, 716, 718, or 721 because the Pyk2 sequence is not defined by a sequence identifier. The amino acid position corresponding to a specific position can be easily confused depending on how sequences are aligned. Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
Applicant' s arguments, see pages 8-11 of the Remarks, filed June 26, 2025, with respect to claims 1-20 have been fully considered and are persuasive. Claim 1 has been amended to recite a Pyk2 derived peptide having a length of 10-30 amino acids and comprising the consensus sequence PxxPx(R/K)P(K/R)(Y/W/F), wherein the second position is a proline. Applicant' s argument that the specification provides numerous examples to support the claimed genus has been found persuasive. Therefore, the rejection of claims 1-20 under 35 U.S.C. 112(a) for lack of written description has been withdrawn.
Applicant' s arguments, see pages 8-11 of the Remarks, filed June 26, 2025, with respect to claims 1-20 have been fully considered and are persuasive. Claim 1 has been amended to recite a Pyk2 derived peptide having a length of 10-30 amino acids and comprising the consensus sequence PxxPx(R/K)P(K/R)(Y/W/F), wherein the second position is a proline. Applicant' s argument that the specification provides guidance to make the claimed peptides without undue experimentation has been found persuasive. Therefore, the rejection of claims 1-20 under 35 U.S.C. 112(a) for lack enablement has been withdrawn.
Claim Rejections - 35 USC § 102
Applicant’s arguments, see page 11 of the Remarks, filed June 4, 2026, with respect to claims 1-20 have been fully considered and are persuasive. Applicant has filed a declaration under 37 CFR 1.130(a) to establish that the reference of Twafra (A novel Pyk2-derived peptide inhibits invadopodia-mediated breast cancer metastasis. Oncogene 42, 278–292 (2023). Published on-line on October 18, 2022. – cited previously on form PTO-892) does not qualify as prior art under 35 USC 102(a) as it falls within the exception set forth in 35 USC 102(b)(1)(A). Therefore, the rejection of claims 1-20 under 35 U.S.C. 102(a)(1) as being anticipated by Twafra has been withdrawn.
Conclusion
Claims 1-2 and 6-21 are pending.
Claims 1-2 and 6-21 are rejected.
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 YONG D PAK whose telephone number is (571)272-0935. The examiner can normally be reached M-Th: 5:30 am - 3:30 pm.
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/YONG D PAK/Primary Examiner, Art Unit 1652
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