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 .
DETAILED ACTION
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/3/2025 has been entered.
2. Claims 1, 15, 16, 32-41, 43, 45-51, 53-99 are canceled. Claims 17-31 are withdrawn. Claims 44, 101 are amended. Claims 2-14, 42, 44, 52, 100-103 are under consideration.
Claim Objections
3. (new objection) Claim 103 is objected to because of the following informalities: For consistency with the other claims, the claim should recite a comma after reciting dependency (for example, “… of claim 102, wherein…”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
4. (previous rejection, withdrawn) Claims 101-103 were rejected under 35 U.S.C.
102(a)(1) and 102(a)(2) as being anticipated by Hu et al. (WO2018175518A1)(cited in
applicant's IDS submitted 7/22/2022).
Applicant contends: claim 101 has been amended.
In view of applicant’s amendments, the rejection is withdrawn.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
5. (new rejection, necessitated by amendment) Claims 101-103 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Schief et al. (WO2018175560-A1)(See PTO-892: Notice of References Cited).
See claims 101-103 as submitted 9/4/2025. It is noted a prior art search has been extended to another species as recited in claim 101, influenza virus antigen.
Schief et al. teaches: including self-assembling nanoparticles (p. 6); nucleic acids encoding polypeptides (p. 2); peptide that induces responses against influenza via RBS on hemagglutinin head domain (p. 19); HA domain (claim 4 of Schief et al.); including SEQ ID NO: 6, which has 100% identity with instant SEQ ID NO: 2 (See Result 28 from STIC Sequence Search Result 20241115_094633_us-17-317-096-2.align225.rng in Supplemental Content Tab); as well as SEQ ID NO: 30, which has 100% identity with instant SEQ ID NO: 7 (See Result 68 from STIC Sequence Search Result 20241115_094739_us-17-417-096-7.align225.rag in Supplemental Content Tab)(as recited in claims 101-103).
Thus, Schief et al. anticipates the instant claims.
Claim Rejections - 35 USC § 103
6. (previous rejection, withdrawn) Claims 2-10, 12, 14, 42, 52 were rejected under 35
U.S.C. 103 as being unpatentable over Jardine et al. (WO2016205704; previously cited) in view
of Felber et al. (WO2008089144; previously cited).
Applicant contends: Felber et al. does not disclose, teach or suggest fusion of IgE leader sequence; one of ordinary skill would have no motivation to combine the teachings of Jardine et al. with those of Felber et al.
Upon further consideration, applicant’s arguments are considered and found persuasive and the rejection is withdrawn.
7. (previous rejection, withdrawn) Claims 11, 13, 44 were rejected under 35 U.S.C.
103 as being unpatentable over Jardine et al. in view of Felber et al. as applied to claims 2-10,
12, 14, 42, 52 above, and further in view of Tian et al. ("Induction of HIV Neutralizing Antibody
Lineages in Mice with Diverse Precursor Repertoires," Cell 166(6): 1471-1484 (2016);
previously cited).
Applicant contends: Tian et al. does not overcome the deficiencies.
In view of the withdrawal of the rejection over Jardine et al. in view of Felber et al. on which the instant rejection depends, the instant rejection is also withdrawn.
8. (previous rejection, withdrawn) Claim 100 was rejected under 35 U.S.C. 103 as
being unpatentable over Jardine et al. in view of Felber et al. as applied to claims 2-10, 12, 14,
42, 52 above, and further in view of Herold et al. (US2005002953; previously cited).
Applicant contends: Herold et al. does not overcome the deficiencies.
In view of the withdrawal of the rejection over Jardine et al. in view of Felber et al. on which the instant rejection depends, the instant rejection is also withdrawn.
Double Patenting
9. (previous rejection, withdrawn) Claims 2, 5, 8, 10, 14, 42, 52, 101 were
provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over
claims 1, 3, 4, 6, 7, 13, 16, 17, 20, 29, 31, 34, 35, 37, 38, 121, 122 of copending Application No.
17/802936 in view of Felber et al. (WO2008089144)(cited above).
Applicant contends: Felber et al. is deficient.
In view of applicant’s amendments and the withdrawal of the rejection over Felber et al. on which the instant rejection depends, the instant rejection is also withdrawn.
Conclusion
10. It is noted with respect to Double Patenting that claim 1 of copending Application No. 17/802936 recites flavivirus antigen, human papillomavirus, filovirus, as also recited in instant claim 101.
11. Claims 2, 5, 6-12, 14, 42, 44, 52, 100 are allowed. Claims 3, 4, 13 are objected to for still reciting withdrawn species.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to M FRANCO G SALVOZA whose telephone number is (571)272-4468. The examiner can normally be reached M-F 8:00 to 5:00.
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/M FRANCO G SALVOZA/Primary Examiner, Art Unit 1672