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
1. Applicant's amendment, filed 08/16/24 is acknowledged.
2. Claims 94, 102-120 are pending.
Claims 94, 102-120 are drawn to a pharmaceutical composition comprising a recombinant antibody or a fragment thereof with reduced color intensity that were produced by culturing in the culture medium comprising at least one component as recited in claim 94 are under consideration in the instant application.
3. The first sentence of the Specification should be amended to reflect the status of the parent cases 17063322 and 18,508049 now abandon .
4. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
5. Claims 94 and 102-120 are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by US Patent Application 20150267237 or US Patent Application 20130281355.
US Patent Application ‘237 teaches a pharmaceutical composition comprising a recombinant antibody or fragment thereof with reduced color intensity ( see entire document, paragraphs 0006, 0011, 0038, in particular).
US Patent Application ‘355 teaches a pharmaceutical composition comprising a recombinant antibody or fragment thereof with reduced color intensity ( see entire document, paragraphs 0006, 0011, 0013, 0024 in particular)
It is noted that recombinant antibody recited in US Patent Application ‘237 and in US Patent Application ‘355 were produced by the cells culturing in culture medium that is different from the instantly claimed. However, the instant claims are drawn to a product (antibody with reduced color intensity) and the patentability of the product does not depend on its method of production in the absence of structural/functional difference. In re Thrope,227 USPQ 964,966 (Fed. Cir. 1985). See MPEP 2113.
The reference teaching anticipates the claimed invention.
6. No claim is allowed.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michail Belyavskyi whose telephone number is 571/272-0840. The examiner can normally be reached Monday through Friday from 9:00 AM to 5:30 PM. A message may be left on the examiner's voice mail service. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Daniel Kolker can be reached on 571/ 272-3181
The fax number for the organization where this application or proceeding is assigned is 571/273-8300
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