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 .
The amendment filed 1/10/2025 has been entered. Claims 1, 7-8, 12, 16, 17, 21, 25, 26, 32-36, 38-39, 41, 59, 62, 65 and 71, 78-79 are pending. Claims 12, 16, 17, 21, 25, 26, 36, 38-39, 59, 62, 65, 71 and 78 are withdrawn.
Claims 1, 7, 8, 32-35, 41 and 79 are under examination.
Election/Restrictions
Applicant’s election of Group I claims 1, 7, 8, 32-35, 41 and 79 in the reply filed on 06/24/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 12, 16, 17, 21, 25, 26, 36, 38-39, 59, 62, 65, 71 and 78 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/24/2026.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement filed 05/24/2024 and 06/24/2026 has been considered and initialed copies are enclosed.
Specification
The disclosure is objected to because of the following informalities:
The disclosure is objected to because it contains an embedded hyperlink and/or other form of browser-executable code. Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01. See p. 62 and p. 73.
Appropriate correction is required.
Claim Objections
Claims 1, 7, 8, 32-35, 41 and 79 are objected to because of the following informalities:
Claim 1 is objected to because the claims recite SEQ ID NO: 28 and SEQ ID NO: 177 which are skipped sequences in the sequence listing. The sequences are 3 amino acids long and are only found in the specification and not in the sequence listing. The claims should be amended to recite the amino acid sequences for SEQ ID NO: 28 and 177 in lieu of the sequence identification number.
Since claims 7-8, 32-35, 41 and 79 are all dependent on claim 1, they are also objected to.
Claim 1 (ii) and (v) repeats the same limitation with respect to the CDR sequences SEQ ID Nos: 22-24 and 27-29.
Claim 7 repeats the same limitation in (ii) and (v) with respect to the VH and VL sequences SEQ ID NO: 21 and 26.
Claim 8 repeats the same limitation in (ii) and (v) with respect to the VH and VL sequences SEQ ID NO: 21 and 26.
Claim 32 “a constant region sequence of SEQ ID NO: 418” should be “the constant region sequence of SEQ ID NO: 418” since SEQ ID NO: 418 is the full length constant region sequence.
Claim 33 “a constant region sequence of SEQ ID NO: 436” should be “the constant region sequence of SEQ ID NO: 436” since SEQ ID NO: 436 is the full length constant region sequence.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 34 and 35 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.
Regarding claim 34, the “e.g.” which means "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 35 recites “preferably constant domain sequence SEQ ID NO: 448”. The description of examples or preferences is properly set forth in the specification rather than the claims. If stated in the claims, examples and preferences may lead to confusion over the intended scope of a claim.
Status of Claims
Claims 1, 7, 8, 32-35, 41 and 79 are objected to. Claims 34-35 are rejected. 12, 16, 17, 21, 25, 26, 36, 38-39, 59, 62, 65, 71 and 78 are withdrawn.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN A OGUNBIYI whose telephone number is (571)272-9939. The examiner can normally be reached IFP.
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, Michael Allen can be reached at 5712703497. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/OLUWATOSIN A OGUNBIYI/Primary Examiner, Art Unit 1645
Prosecution Insights