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 .
Status of the Claims
Claims 1-6 and 23 are currently pending.
Claims 1-6 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim.
Claims 7-22 are cancelled.
Claim 23 has been considered on the merits.
Withdrawn Rejections
The 35 U.S.C. 102 rejection made in view of Wong et al (WO2016205615A1) has been withdrawn in light of the petition to accept an unintentionally delayed claim under 35 U.S.C. 119(e) and 120 which was granted on 06/26/2025.
Maintained Rejections
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 23 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. US10962551B2. This is a statutory double patenting rejection. Claim 1 of ‘551 claims a chimeric protein comprising the amino acid sequence encoded by SEQ ID NO: 13 (of ‘551). Claim 23 of the instant application describes a chimeric protein comprising an N-terminal domain of instant SEQ ID NO: 5, which is taught by the chimeric protein of SEQ ID NO: 13. SEQ ID NO: 5 of the instant invention has a 100% identity to SEQ ID NO: 13 of ‘551 (see SEQ ID NO: 5 alignments below). Claim 23 of the instant invention claims a C-terminal domain comprising the of SEQ ID NO: 6 or SEQ ID NO: 7, which both contain 100% sequence identity to SEQ ID NO: 13 of ‘551 (see SEQ ID NOs: 6 and 7 alignments below). Therefore, the instant invention and that of ‘551 are identical and constitute statutory double patenting.
Response to Arguments
Applicant’s arguments, see Remarks, pgs. 4-5, filed 12/02/2025, with respect to the rejection under 35 U.S.C. 102, have been fully considered and are persuasive. Specifically, the 35 U.S.C. 102 rejection made in view of Wong et al (WO2016205615A1) has been withdrawn in light of the petition to accept an unintentionally delayed claim under 35 U.S.C. 119(e) and 120 which was granted on 06/26/2025.
Applicant's arguments filed 12/02/2025 have been fully considered but they are not persuasive.
Applicant argues, in reference to the double patenting rejection of claim 23, that the instant application is a continuation of the ‘551 patent and a Petition to accept an unintentionally delayed claim has been granted, therefore the rejection should be withdrawn (pg. 4, para 3). This is not found persuasive. Amending the continuity data of the instant application through the petition to accept an unintentionally delayed claim does not materially affect the claimed material in the instant application or the ‘551 patent. Unless the claims of the instant invention are amended such that they are not claiming the same invention of claim 1 of ‘551, the rejection remains of record. Therefore, the argument is not found persuasive.
Sequence Alignments
SEQ ID NO:5 aligned with SEQ ID NO: 13 of ‘551/Wong
PNG
media_image1.png
497
705
media_image1.png
Greyscale
SEQ ID NO:6 aligned with SEQ ID NO: 13 of ‘551/Wong
PNG
media_image2.png
486
763
media_image2.png
Greyscale
SEQ ID NO:7 aligned with SEQ ID NO: 13 of ‘551/Wong
PNG
media_image3.png
491
755
media_image3.png
Greyscale
Conclusion
No claims are allowed.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Examiner Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONSTANTINA E STAVROU whose telephone number is (571)272-9899. The examiner can normally be reached M-F 8:00-5:00.
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, Peter Paras can be reached on 571-272-4517. 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.
CONSTANTINA E. STAVROU
Examiner
Art Unit 1632
/ANOOP K SINGH/Primary Examiner, Art Unit 1632