DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 1-12 are pending.
Claims 11 and 12 have been added.
Claims 4, 7 and 9 have been amended.
Claims 1-12 are examined on the merits.
Claim Objections
3. Claims 1-12 are objected to because of the following informalities:
a. “with” and “shown in” are recited in claim 1 and should be deleted from line 1 of the claim and replaced with “comprising” and “selected from the group consisting of SEQ ID NO. 1 and/or SEQ ID NO. 2”, respectively;
b. “Use of the” cited in claim 2 should be deleted from line 1 and replaced with “A method for preparing drugs comprising…”;
c. Claim 2 recites “shown in” line 1 and should be deleted and replaced with “comprising”;
d. “The use” on line 1 of claim 3 should be deleted and replaced with the phrase, “The method”;
e. claim 4 recites the article, “the” twice on line 2;
f. claim 4 recites “shown in” on line 3 and should be deleted and replaced with selected from the group consisting of SEQ ID NO. 1 and/or SEQ ID NO. 2”;
g. claims 7, 8, 11 and 12 should deleted “is achieved by” and replaced with “comprises”;
h. claims 10-12 recite “with” on line 2 of each claim. This recitation should be deleted and replaced with the transitional term, “comprising”; and
i. claims 10-12 recite “shown in” on line 2 of each claim. This recitation should be deleted and replaced with the phrase, “selected from the group consisting of SEQ ID NO. 1 and/or SEQ ID NO. 2”.
Correction is required.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 2-9, 11 and 12 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.
a. Claims 2 and 3, drawn to the “[u]se of the polypeptides…” and “…use of claim 2”, respectively are vague and indefinite. The claims are drawn to a use of polypeptides, but fail to set forth any active, positive steps that would define a method. See MPEP 2173.05(q).
b. Claim 4 recites the limitation "the polypeptides" and “the sequences” in line 2. There is insufficient antecedent basis for this limitation in the claim.
b. Claim 6 recites the limitation "the channel-forming E-1 family colicin” in line 1. There is insufficient antecedent basis for this limitation in the claim.
c. Claims 7, 11 and 12 recite the limitation "the linkage” in line 1. There is insufficient antecedent basis for this limitation in the claims.
d. Claims 11 and 12 recite the limitation “the sequences” in line 2. There is insufficient antecedent basis for this limitation in the claims.
Claim Rejections - 35 USC § 101
6. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
7. Claims 2 and 3 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because a “use” is not a process, machine, manufacture, or composition of matter.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to ALANA HARRIS DENT whose telephone number is (571)272-0831. The Examiner works a flexible schedule, however she can generally be reached 8AM-8PM, Monday through Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Julie Wu can be reached on 571-272-5205. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALANA HARRIS DENT
Primary Examiner
Art Unit 1643
15 August 2026
/Alana Harris Dent/Primary Examiner, Art Unit 1643
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