UNITED STA1ES PA FENT AND TRADEMARK OFFICE
`
`OF COMMERCE
`UNITED STATES DEPARTMENT
`United States Patent and Trademark Office
`Address COMMISSIONER FOR PATENTS
`PO Box 1450
`Alexandria Virginia 223131450
`wwwusptogov
`
`NOTICE OF ALLOWANCE AND FEES DUE
`
`25226
`
`7590
`
`MORRISON
`FOERSTER LLP
`755 PAGE MILL RD
`PALO ALTO CA 943041018
`
`12272011
`
`EXAMINER
`
`TSAY MARSHA M
`
`ART UNIT
`
`1656
`
`PAPER NUMBER
`
`DATE MAILED 12272011
`
`APPLICATION NO
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO
`
`CONFIRMATION NO
`
`Neil P Desai
`10222010
`12910693
`TITLE OF INVENTION COMPOSITIONS AND METHODS OF DELIVERY OF PHARMACOLOGICAL
`
`AGENTS
`
`638772000303
`
`8669
`
`APPLN TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREY PAID ISSUE FEE
`
`I
`
`TOTAL FEES DUE
`
`nonprovisional
`
`NO
`
`$1740
`
`$300
`
`$0
`
`$2040
`
`DATE DUE
`
`03272012
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT
`PROSECUTION ON THE MERITS IS CLOSED THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS
`FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL
`PETITION BY THE APPLICANT
`SEE 37 CFR 1313 AND MPEP 1308
`THE ISSUE FEE AND PUBLICATION FEE IF REQUIRED MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED
`AS ABANDONED
`THIS
`SEE 35 USC 151 THE ISSUE FEE DUE INDICATED ABOVE DOES
`STATUTORY PERIOD CANNOT BE EXTENDED
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION
`IF AN ISSUE FEE HAS
`BEEN PAID IN THIS APPLICATION AS SHOWN ABOVE THE RETURN OF PART B OF THIS FORM
`PREVIOUSLY
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE
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`HOW TO REPLY TO THIS NOTICE
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`I Review the SMALL ENTITY status shown above
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`
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`A Pay TOTAL FEES DUE shown above or
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`B If applicant claimed SMALL ENTITY status before or is now
`claiming SMALL ENTITY status check box 5a on Part B Fees
`Transmittal and pay the PUBLICATION FEE if required and 12
`the ISSUE FEE shown above
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`II PART B FEES TRANSMITTAL
`or its equivalent must be completed and returned to the United States Patent and Trademark Office
`USPTO with your ISSUE FEE and PUBLICATION FEE if required If you are charging the fees to your deposit account section 4b
`of Part B Fees Transmittal should be completed and an extra copy of the form should be submitted If an equivalent of Part B is filed a
`to reapply a previously paid issue fee must be clearly made and delays in processing may occur due to the difficulty in recognizing
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`regarding this application must give the application number Please direct all communications
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`Mail Stop ISSUE FEE unless advised to the contrary
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`REMINDER Utility patents issuing on applications
`IMPORTANT
`filed on or after Dec 12 1980 may require payment of
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`maintenance fees It
`
`PTOL85 Rev 0211
`
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`PART B FEES TRANSMITTAL
`Complete and send this form together with applicable fees to Mail Mail Stop ISSUE FEE
`Commissioner
`for Patents
`PO Box 1450
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`or Fax 5712732885
`
`INSTRUCTIONS
`This form should
`appropriate All
`further correspondence
`indicated unless corrected
`maintenance
`fee notifications
`CURRENT CORRESPONDENCE ADDRESS Note Use Block 1 for
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`any change of address
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`FEE if
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`
`25226
`
`7590
`
`12272011
`
`MORRISON
`FOERSTER LLP
`755 PAGE MILL RD
`PALO ALTO CA 943041018
`
`Certificate of Mailing or Transmission
`this Fees Transmittal
`is being deposited with the United
`I hereby certify that
`States Postal Service with sufficient postage for first class mail in an envelope
`to the Mail Stop ISSUE FEE address above
`addressed
`facsimile
`or being
`transmitted to the USPTO 571 2732885 on the date indicated below
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`Depositors
`
`name
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`Signature
`
`Date
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`APPLICATION NO
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO
`
`CONFIRMATION NO
`
`Neil P Desai
`10222010
`12910693
`TITLE OF INVENTION COMPOSITIONS AND METHODS OF DELIVERY OF PHARMACOLOGICAL
`
`AGENTS
`
`638772000303
`
`8669
`
`APPLN TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREY PAID ISSUE FEE
`
`I
`
`TOTAL FEES DUE
`
`nonprovisional
`
`NO
`
`$1740
`
`$300
`
`$0
`
`$2040
`
`DATE DUE
`
`03272012
`
`EXAMINER
`TSAY MARSHA M
`address or indication of Fee Address 37
`
`ART UNIT
`
`1656
`
`1 Change of correspondence
`CFR 1363
`address or Change of Correspondence
`Change of correspondence
`Address form PTOSB122 attached
`Fee Address indication or Fee Address Indication form
`PTOSB47 Rev 0302 or more recent attached Use of a Customer
`Number
`is required
`
`ICLASS SUBCLASS
`
`530350000
`
`front page list
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`2 For printing on the patent
`1 the names of up to 3 registered patent attorneys
`or agents OR alternatively
`2 the name of a single firm having as a member a
`registered attorney or agent and the names of up to
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`listed no name will be printed
`
`1
`
`2
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`3
`
`3 ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT print or type
`PLEASE NOTE Unless an assignee is identified below no assignee data will appear on the patent
`If an assignee is identified below the document has been filed for
`recordation as set forth in 37 CFR 311 Completion of this form is NOT a substitute for
`filing an assignment
`A NAME OF ASSIGNEE
`B RESIDENCE CITY and STATE OR COUNTRY
`
`Please check the appropriate assignee category or categories will not be printed on the patent
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`Individual
`
`Corporation or other private group entity
`
`Government
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`4a The following fees are submitted
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`Issue Fee
`Publication Fee No small entity discount permitted
`Advance Order
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`A check is enclosed
`Payment by credit card Form PTO 2038 is attached
`Ul The Director is hereby authorized to charge the required fees any deficiency or credit any
`enclose an extra copy of this form
`to Deposit Account Number
`overpayment
`
`reapply any previously paid issue fee shown above
`
`5 Change in Entity Status from status indicated above
`is no longer claiming SMALL ENTITY status See 37 CFR 127g2
`b Applicant
`a Applicant claims SMALL ENTITY status See 37 CFR 127
`NOTE The Issue Fee and Publication Fee if required will not be accepted from anyone other than the applicant a registered attorney or agent or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office
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`Authorized Signature
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`Typed or printed name
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`Date
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`Registration No
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`This collection of information is required by 37 CFR 1311 The information is required to obtain or retain a benefit by the public which is to file and by the USPTO to process
`an application Confidentiality is governed by 35 USC 122 and 37 CFR 114 This collection is estimated
`to take 12 minutes to complete including gathering preparing and
`application form to the USPTO Time will vary depending
`upon the individual case Any comments
`on the amount of time you require to complete
`submitting the completed
`for reducing this burden should be sent to the Chief Information Officer US Patent and Trademark Office US Department of Commerce PO
`this form andor suggestions
`Box 1450 Alexandria Virginia 223131450 DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS SEND TO Commissioner for Patents PO Box 1450
`Alexandria Virginia 223131450
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number
`
`PTOL85 Rev 0211 Approved for use through 08312013
`
`OMB 06510033
`
`US Patent and Trademark Office US DEPARTMENT OF COMMERCE
`
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`

`

`UNITED STA FES PA FENT AND TRADEMARK OFFICE
`
`OF COMMERCE
`UNITED STATES DEPARTMENT
`United States Patent and Trademark Office
`Address COMMISSIONER FOR PATENTS
`PO Box 1450
`Alexandria Virginia 223131450
`wwwusptogov
`
`APPLICATION NO
`
`12910693
`
`FILING DATE
`
`10222010
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO
`
`CONFIRMATION NO
`
`Neil P Desai
`
`638772000303
`
`8669
`
`25226
`
`7590
`
`MORRISON
`FOERSTER LLP
`755 PAGE MILL RD
`PALO ALTO CA 943041018
`
`12272011
`
`EXAMINER
`
`TSAY MARSHA M
`
`ART UNIT
`
`1656
`
`PAPER NUMBER
`
`DATE MAILED 12272011
`
`Determination of Patent Term Adjustment under 35 USC 154 b
`application filed on or after May 29 2000
`
`The Patent Term Adjustment to date is 0 days If
`is three months after
`the issue fee is paid on the date that
`the
`mailing date of this notice and the patent
`is 28 weeks six and a half
`issues on the Tuesday before the date that
`months after the mailing date of this notice the Patent Term Adjustment will be 0 days
`
`If a Continued Prosecution Application CPA was filed in the above identified application the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`PAIR WEB site httppairusptogov
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at 5712727702 Questions relating to issue and publication
`fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 18887860101 or 5712724200
`
`PTOL85 Rev 0211
`
`Page 3 of 3
`
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`

`Privacy Act Statement
`
`The Privacy Act of 1974 PL 93579 requires that you be given certain information in connection with
`your submission of the attached
`form related to a patent application or patent Accordingly pursuant
`the requirements of the Act please be advised that 1 the general authority for the collection of this
`information is 35 USC 2b2 2 furnishing of the information solicited is voluntary
`and 3 the
`principal purpose for which the information is used by the US Patent and Trademark Office is to process
`andor examine your submission related to a patent application or patent
`If you do not
`requested information the US Patent and Trademark Office may not be able to process andor examine
`in termination of proceedings or abandonment of the application or
`your submission which may result
`expiration of the patent
`
`furnish the
`
`to
`
`The information provided by you in this form will be subject
`
`to the following routine uses
`
`1 The information on this form will be treated confidentially to the extent allowed under the Freedom
`of Information Act 5 USC 552 and the Privacy Act 5 US0 552a Records from this system of
`records may be disclosed to the Department of Justice to determine whether disclosure of these
`records is required by the Freedom of Information Act
`2 A record from this system of records may be disclosed as a routine use in the course of presenting
`evidence to a court magistrate or administrative tribunal including disclosures to opposing counsel
`in the course of settlement negotiations
`3 A record in this system of records may be disclosed as a routine use to a Member of Congress
`to whom the record pertains when the individual has
`involving an individual
`submitting a request
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`requested assistance
`4 A record in this system of records may be disclosed as a routine use to a contractor of the Agency
`having need for the information in order to perform a contract Recipients of information shall be
`required to comply with the requirements of the Privacy Act of 1974 as amended pursuant
`to 5
`USC 552am
`5 A record related to an International Application filed under the Patent Cooperation Treaty in this
`system of records may be disclosed as a routine use to the International Bureau of the World
`Intellectual Property Organization pursuant to the Patent Cooperation Treaty
`6 A record in this system of records may be disclosed as a routine use to another federal agency
`for
`purposes of National Security review 35 USC 181 and for review pursuant
`to the Atomic Energy
`Act 42 USC 218c
`7 A record from this system of records may be disclosed as a routine use to the Administrator
`General Services or hisher designee during an inspection of records conducted by GSA as part of
`responsibility to recommend
`in records management practices and
`that agencys
`improvements
`programs under authority of 44 USC 2904 and 2906 Such disclosure shall be made in accordance
`with the GSA regulations governing inspection of records for this purpose and any other relevant
`ie GSA or Commerce directive Such disclosure shall not be used to make determinations about
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`individuals
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`8 A record from this system of records may be disclosed as a routine use to the public after either
`to 35 USC 122b or issuance of a patent pursuant
`to 35
`publication of the application pursuant
`USC 151 Further a record may be disclosed subject
`to the limitations of 37 CFR 114 as a
`the record was filed in an application which became abandoned or in
`routine use to the public if
`which the proceedings were terminated and which application is referenced by either a published
`application an application open to public inspection or an issued patent
`9 A record from this system of records may be disclosed as a routine use to a Federal State or local
`law enforcement agency if the USPTO becomes aware of a violation or potential violation of law or
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`
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`

`Notice of Allowability
`
`Application No
`
`12910693
`Examiner
`
`Marsha Tsay
`
`Applicants
`
`DESAI ET AL
`Art Unit
`
`1656
`
`11 2011
`
`the restriction
`
`The MAILING DATE of this communication appears on the cover sheet with the correspondence address
`All claims being allowable PROSECUTION ON THE MERITS IS OR REMAINS CLOSED in this application If not included
`herewith or previously mailed a Notice of Allowance PTOL85 or other appropriate communication will be mailed in due course THIS
`IS NOT A GRANT OF PATENT RIGHTS
`NOTICE OF ALLOWABILITY
`to withdrawal
`from issue at the initiative
`This application is subject
`See 37 CFR 1313 and MPEP 1308
`of the Office or upon petition by the applicant
`1 E This communication
`is responsive to the amendments received November
`2 0 An election was made by the applicant
`in response to a restriction requirement set forth during the interview on
`requirement and election have been incorporated into this action
`3 EI The allowed claims isare 3885
`is made of a claim for foreign priority under 35 USC § 119a d or f
`4 0 Acknowledgment
`a 0 All
`b 0 Some
`c 0 None
`of the
`1 0 Certified copies of the priority documents have been received
`2 0 Certified copies of the priority documents have been received in Application No
`3 0 Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau PCT Rule 172a
`Certified copies not received
`Applicant has THREE MONTHS FROM THE MAILING DATE of this communication to file a reply complying with the requirements
`noted below Failure to timely comply will result in ABANDONMENT
`of this application
`THIS THREEMONTH
`PERIOD IS NOT EXTENDABLE
`5 0 A SUBSTITUTE OATH OR DECLARATION must be submitted Note the attached EXAMINERS AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION PTO 152 which gives reasons why the oath or declaration is deficient
`6 0 CORRECTED DRAWINGS
`as replacement sheets must be submitted
`a 0 including changes required by the Notice of Draftspersons Patent Drawing Review PTO 948 attached
`1 0 hereto or 2 0 to Paper NoMail Date
`b 0 including changes required by the attached Examiners Amendment
`Paper NoMail Date
`Identifying indicia such as the application number see 37 CFR 184c should be written on the drawings in the front not the back of
`each sheet Replacement sheets should be labeled as such in the header according to 37 CFR 1121d
`7 0 DEPOSIT OF andor INFORMATION about
`the deposit of BIOLOGICAL MATERIAL must be submitted Note the
`FOR THE DEPOSIT OF BIOLOGICAL MATERIAL
`regarding REQUIREMENT
`attached Examiners comment
`
`Comment or in the Office action of
`
`Attachments
`1 0 Notice of References Cited PTO 892
`2 0 Notice of Draftpersons Patent Drawing Review PTO 948
`3 E Information Disclosure Statements PTOSB08
`Paper NoMail Date 111111 12711
`4 0 Examiners Comment Regarding Requirement
`
`for Deposit
`
`of Biological Material
`
`5 0 Notice of Informal Patent Application
`6 0 Interview Summary PTO 413
`Paper NoMail Date
`7 0 Examiners AmendmentComment
`
`8
`
`Examiners Statement of Reasons for Allowance
`
`9 0 Other
`
`US Patent and Trademark Office
`PTOL37 Rev 0311
`
`Notice of Allowability
`
`Part of Paper NoMail Date 20111215
`
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`

`ApplicationControl Number 12910693
`
`Art Unit 1656
`
`Page 2
`
`Claims 137 are canceled Claims 3885 are pending
`
`The terminal disclaimers filed on December 1 2011 disclaiming the terminal portion of
`
`any patent granted on this application which would extend beyond the expiration date of US
`
`patent 7820788 and US patent 7923536 have been reviewed and are accepted The terminal
`
`disclaimers have been recorded
`
`The following is an examiners statement of reasons for allowance
`
`a search of the prior
`
`art reveals that the instant claims are novel The albuminpaclitaxel
`
`ratio of about 11 to about
`
`91 unexpectedly shows increased cellular binding Further the prior art does not suggest
`
`the
`
`invention as claimed and therefore said invention is non obvious
`
`Claims 3885 are allowed
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`payment of the issue fee and to avoid processing delays should preferably accompany the issue
`
`fee Such submissions should be clearly labeled Comments on Statement of Reasons for
`
`Allowance
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Marsha Tsay whose telephone number is 5712722938 The
`examiner can normally be reached on MF 900am500pm ET
`
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`

`ApplicationControl Number 12910693
`
`Art Unit 1656
`
`Page 3
`
`If attempts to reach the examiner by telephone are unsuccessful
`
`the examiners
`
`supervisor Manjunath N Rao can be reached on 5712720939 The fax phone number for the
`
`organization where this application or proceeding is assigned is 5712738300
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval PAIR system Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR Status information for unpublished
`
`applications is available through Private PAIR only For more information about the PAIR
`
`system see httppairdirectusptogov
`
`Should you have questions on access to the Private PAIR
`
`system contact
`
`the Electronic Business Center EBC at 8662179197 toll free If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system call 8007869199 IN USA OR CANADA or 5712721000
`
`Marsha Tsay
`Patent Examiner Art Unit 1656
`
`December 19 2011
`
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