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 .
Information Disclosure Statement
The information disclosure statement filed 5/26/2026 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
It is noted the NPL references lined through have not been supplied to the Office in their entirety. Most of these lined-through references were submitted with only a portion of the abstract, and not the entire document as required. As such, the references lined through have not been considered.
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 11-22 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.
Claim 11 is drawn to a compound of formula I:
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where A is linked to B which are both linked to additional R-groups (R1 and R2). Compounds A and B are depicted as follows:
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and
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. It is unclear where (B) would be connected to (A) as (A) has two squiggly lines indicating attachment points, however compound (B) only has one attachment point indicated with a squiggly line and also is depicted as having a methyl group attached to the 4-position of the 1st sugar in the disaccharide. The examiner believes this “methyl group” is actually the attachment point to the adjacent disaccharide and instead should be depicted structurally as:
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. Clarity is respectfully requested.
All claims which depend from an indefinite claim are also indefinite. Ex parte Cordova, 10 U.S.P.Q. 2d 1949, 1952 (P.T.O. Bd. App. 1989).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The closest prior art is seen to be US2005/0203056 who discloses carboxyl-reduced derivatives of HA having the formula:
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or
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(see abstract and page 5), but these compounds are not embraced herein as they would contain 100% carboxyl-reduced monomers wherein the present application would require reduced and non-reduced monomers as group B is required to be present in the claims herein (wherein the ratio of X/Y (which is the groups A/B) is in the range from 3/1 to 1/4 and would not be present in ‘056. Likewise, Onodera et al., Agriculture and Biological Chemistry, vol. 27(2), pp 143-149, 1963 (NPL reference 5 from applicants IDS filed 5/26/26) discloses various carboxyl-reduced heparins which are subsequently methylated, which would not be embraced herein.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVISS C MCINTOSH III whose telephone number is (571)272-0657. The examiner can normally be reached Monday-Friday 9AM-5:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scarlett Goon can be reached at 571-270-5241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRAVISS C MCINTOSH III/Primary Examiner, Art Unit 1693
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