DETAILED ACTION
Applicant’s response filed October 20, 2025 has been received and entered into the application file. Applicant’s arguments and amendments to the claims have been fully considered.
Claims 1-2, 8, 11, 17, 20, 23, 26, 29, and 62-63 from the claim set filed October 20, 2025 are pending. Examiner acknowledges claims -7, 9-10, 12-16, 18-19, 21-22, 24-25, 27-28, and 30-61 are canceled.
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 .
REJECTION(S) WITHDRAWN
Improper Markush Grouping
RE: Claims 8, 11, 17, 20, and 62 are rejected on the basis that they contain an improper Markush grouping of alternatives.
Examiner notes Applicant amended claim 17 to solely require 90% sequence identity to SEQ ID NO: 90. As such, the previously filed rejection of claim 17 is withdrawn.
The previously filed rejections of claims 8, 11, 20 and 62 are maintained. Please see the “Rejections Maintained” section below for explanation.
Claim Interpretation
RE: Examiner notes SEQ ID NO: 14 is identified through the prior art not as a ribosome recycling factor, as is indicated in claim 17, but as Elongation Factor 4. As such, and as noted below, Examiner is examining SEQ ID NO: 14 not as a ribosome recycling factor but as an elongation factor.
Applicant’s amendment removed SEQ ID NO: 14 from the claim language of claim 17. As such, said claim interpretation is now moot.
Claim Rejections - 35 USC § 112(b)
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.
RE: Claim 17 is rejected under 35 U.S.C. 112(b), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
In regards to claim 17, Examiner notes SEQ ID NO: 14 is identified through the prior art not as a ribosome recycling factor, as is indicated in claim 17, but as Elongation Factor 4.
Applicant amendment removed SEQ ID NO: 14 from the claim language of claim 17. As such, the previously filed rejection is moot.
Claim Rejections – 35 USC § 112a
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
RE: Claims 1 and 62, and dependent claims 2, 8, 11, 14, 17, 20, 23, 26, 29, and 63 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement.
Applicant amended claims 1 and 62 to remove the phrase fragment(s) or variant(s). As such, the previously filed rejections are withdrawn.
Claim Rejections - 35 USC § 102
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.
RE: Claims 1, 26, and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimizu (Shimizu, et al., Nat Biotechnol (2001) 19(8): 751-755; IDS filed 10/12/2021).
Applicant amended claim 1 to now state: wherein at least one of the components of said core recombinant protein mixture is derived from thermophilic Bacillaceae bacteria or thermophilic Geobacillus bacteria.
Shimizu does not teach of thermophilic bacteria but rather teaches of E. coli. As such, the previously filed rejections are withdrawn. However, Applicant’s amendment has necessitated new grounds of rejection, as set forth below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
RE: Claims 2 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu in view of Zhou (Zhou et al., Nucleic Acids Research (2012) 40(16): 7932-7945; IDS filed 9/19/2023).
RE: Claims 8 and 62-63 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu in view of UniProt (retrieved 4/14/2025 from: https://www.uniprot.org/uniprotkb/P20458/entry; PTO 892).
RE: Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu in view of Zhou and further in view of UniProt ID A0A063YXQ5_9BACI (retrieved 4/8/2025 from: https://www.uniprot.org/uniprotkb/A0A063YXQ5/entry; PTO 892).
RE: Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu in view of Zhou and further in view of UniProt A0A087LFI8 (retrieved 4/14/2025 from: https://www.uniprot.org/uniprotkb/A0A087LFI8/entry; PTO 892).
RE: Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu in view of Zhou and further in view of UniProt A0A0E0TE69 (retrieved 4/14/2025 from: https://www.uniprot.org/uniprotkb/A0A0E0TE69/entry; PTO 892).
RE: Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu in view of Zhou and further in view of UniProt A0A0E0TA16_GEOS2 (retrieved 4/14/2025 from: https://www.uniprot.org/uniprotkb/A0A0E0TA16/entry; PTO 892).
For the reasons discussed above, the anticipation rejection over Shimizu is withdrawn, and thus the obviousness rejections that are based on the same basis are likewise withdrawn. However, Applicant amendment has necessitated new grounds of rejection, as set forth below.
Examiner notes claim 14 has been cancelled, thus making the rejection of said claim moot.
REJECTION(S) MAINTAINED
&
RESPONSE TO APPLICANT REMARKS
Improper Markush Grouping
RE: Claims 8, 11, 17, 20, and 62 are rejected on the basis that they contain an improper Markush grouping of alternatives.
Applicant remarks have been considered but have not been found persuasive in regards to the improper Markush groupings found in claims 8, 11, 20, and 62. Examiner notes Applicant argues the enzymes claimed must be considered as a whole, and not broken down into elements or compounds. Examiner notes however, that the sequences provided in said claims have been considered as a whole, as the full sequences provided were searched and used to compare homology.
As noted in the previously filed non-final rejection, “…the members of the Markush grouping may be considered to share a “single structural similarity” and common use where the alternatives share both a substantial structural feature and a common use that flows from the substantial structural feature. See MPEP § 2117.”
The Markush grouping of claims 8, 11, 20, and 62 is improper because the alternatives defined by the Markush grouping do not share both a single structural similarity and a common use for the following reasons:
As can be seen by the sequence alignment for claims 8, 11, 20, and 62, the Markush groupings do not share a single structural similarity (please see the previously filed non-final rejection for sequence alignments).
Examiner notes Applicant amended claim 17 to solely require 90% sequence identity to SEQ ID NO: 90. As such, the previously filed rejection of claim 17 is withdrawn.
The previously filed rejections of claims 8, 11, 20 and 62 are maintained.
An examiner's interview was conducted 12/2/2025 with the attorney of record to discuss the Applicant's response to the non-final office action, specifically regarding the improper Markush groupings rejection and a potential species election. The examiner inquired if the applicant wished to elect different sequences than those previously searched; the attorney confirmed the applicant would proceed with the sequences previously searched during the non-final examination (i.e., SEQ ID NOs: 2, 8, and 26). Thus, the species election due to the improper Markush groupings of claims 8, 11, 29, and 62 are:
SEQ ID NO:2 for species of IF (claim 8 and 62), SEQ ID NO: 8 for species of EF (claim 11 and 62), SEQ ID NO: 26 for species of RS (claim 20 and 62).
New Ground(s) of Rejections, Necessitated by Amendment
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 26, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu, in view of Imanaka (WO 2006109751 A1, published 10/19/2006; PTO 892) and Grosjean (Grosjean et al., PLOS (2014) 10(5): 1-21; PTO 892).
In regards to claims 1 and 2, Shimizu teaches of a cell-free translation system termed the “protein synthesis using recombinant elements” (PURE) system which contains all necessary translation factors, purified with high specific activity, and allows efficient protein production (i.e., macromolecule synthesis). Shimizu further specifies said system comprises reaction mixtures (p751, Col 2, paragraph 1-2; p754, Col 2, paragraph 3).
In more detail, Shimizu teaches protein biosynthesis proceeds in three steps: initiation, elongation, and termination. In E. coli, the translation factors responsible for completing these steps are three initiation factors, three elongation factors, and three release factors, as well as ribosome recycling factor (RRF) for termination. Shimizu teaches the PURE system includes 32 components (i.e., “the factor mix”) that have been purified individually, to include: IF1, IF2, IF3, EF-G, EF-Tu, EF-Ts, RF1, RF3, RRF, 20 aminoacyl-tRNA synthetases (ARSs), and methionyl-tRNA transformylase (MTF) (p751, Col 2, paragraph 2). Shimizu teaches the standard translation mixtures (i.e., reaction mixtures). Shimizu teaches of template plasmids used for translation (i.e., nucleic acid synthesis template) (p754, 2nd column, paragraphs 2-3) and teaches of using mRNA template sequences (p752, 2nd column, 1st paragraph; p753, 1st column, last paragraph). Lastly, Shimizu teaches said reaction mixture (i.e., the translation reaction mixture and the factor mix) was incubated (i.e., an incubator reads on a bioreactor) at 37 degrees, template was added and the reaction was incubated again until being terminated (i.e., after protein synthesis had taken place).
Therefore, Shimizu teaches a system for recombinant cell-free expression comprising: a core recombinant protein mixture with the limitations required by claim 1, a nucleic acid synthesis template, and a reaction mixture having cell-free reaction components necessary for in vitro macromolecule synthesis, wherein the above components are situated in a bioreactor configured for cell-free expression of macromolecules.
Shimizu does not teach of thermophilic bacteria but rather teaches of E. coli. Thus, Shimizu does not teach “wherein at least one of the components of said core recombinant protein mixture is derived from thermophilic Bacillaceae bacteria or thermophilic Geobacillus bacteria.”
Imanaka teaches a method for producing a protein using a cell-free protein translation system, in which the mRNA encoding the target protein is translated under high temperature conditions in a cell-free protein translation system containing a cell extract derived from hyperthermophilic bacteria [0008]. Imanaka teaches
the term "hyperthermophilic bacterium" used in the present invention refers to a thermophilic bacterium or thermophilic progenitor that grows at 60 ° C or higher, preferably 90 ° C or higher. Imanaka teaches the hyperthermophilic bacterium applicable to the present invention is not particularly limited as long as it meets the above definition. Imanaka teaches at present, more than 100 types of hyperthermophilic bacteria have been isolated and identified, and any of these can be applied to the present invention, such as Geobacillus kaustophilus, Geobacillus thermocatenulatus, Geobacillus thermodenitrifics, Geobacillus thermoglucosidasius, Geobacillus stearothermophilus, and Geobacillus thermoleovorans [0015] (i.e., claim 2 of the instant application). Imanaka additionally teaches the cell extract refers to an extract of a hyperthermophilic bacterium containing components necessary for protein synthesis such as ribosome and tRNA. This cell extract can be prepared by the method of Pratt et al [0018].
Thus, Imanaka teaches using cell extracts from Geobacillus for cell free protein synthesis and notes said cell extracts contain the necessary components for protein synthesis.
Imanaka does not per se teach the specific components required for protein translation. Rather, Imanaka simply states the cell extract contains the necessary components for protein synthesis.
As a POSITA will appreciate, and as is taught by Grosjean, the majority of genes coding for the ribosomal proteins, aminoacyl-tRNA synthetases, translation factors and ribosome biogenesis/maturation enzymes are universal and essential (p2, 1st column, last paragraph). Thus, it is reasonable to conclude that the cell extracts from the Geobacillus bacterium taught by Imanaka comprise initiation factors, elongation factors, ribosome recycling factors, aminoacyl-tRNA synthetases and methionyl-tRNA transformylases.
Thus, it would have been obvious to a POSITA, before the effective filing date of the claimed invention, to combine the teachings of Shimizu and Imanaka, as there existed a motivation to do so. Specifically, the known universality of the bacterial translational apparatus would have provided the requisite rationale for a skilled artisan to integrate Shimizu’s “ingredients” for a core recombinant protein mixture with Imanaka’s high-temperature cell-free translation system from Geobacillus, i.e., the cell extracts from said bacterium, in order to have a system in which protein translation could occur at high temperatures. The skilled artisan would have had a reasonable expectation of success in combining said teachings due to all working in the field of cell-free protein translation in bacteria.
Thus, the claims are obvious and are properly rejected.
In regards to claim 26, the above cited references teach the system of claim 1. Further, Shimizu teaches wherein said nucleic acid synthesis template comprises a DNA template (p754, 2nd column, “Measurement of energy charge”).
Thus, the claim is obvious and is properly rejected.
In regards to claim 29, the above cited references teach the system of claim 1. Further, Shimizu teaches wherein said reaction mixture comprises (1) a quantity of ribosomes; (2) a quantity of T7 RNA polymerase; (3) a quantity of tRNAs; (4) a quantity of amino acids; (5) and a buffer (p751, Results 1st paragraph; p754, 2nd column, Translation reaction).
Thus, the claim is obvious and is properly rejected.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu in view of Imanaka and Grosjean, and further in view of UniProt A0A087LHL7 · A0A087LHL7_GEOSE (https://www.uniprot.org/uniprotkb/A0A087LHL7/entry (2014); retrieved from the internet 12/4/2025; PTO 892).
In regards to claim 8, the above cited references teach the system of claim 1. Additionally, and as noted in the rejection of claim 1, Shimizu teaches of Initiation Factor 1, of E. coli.
As noted above in regards to the improper Markush groupings, claim 8 is such an improper grouping. As such, and as noted above, Applicant has selected SEQ ID NO: 2 as the species of IF.
Examiner notes SEQ ID NO: 2 has 100% identity to UniProt A0A087LHL7 · A0A087LHL7_GEOSE, which is noted as being translation initiation factor 1 from Geobacillus stearothermophilus and was entered into UniProt 10/29/2014.
As discussed supra in regards to claim 2, Imanaka teaches of Geobacillus bacteria.
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Therefore, it would have been obvious to a POSITA, before the effective filing date of the claimed invention, to do a simple substitution of one known element for another to obtain predictable results. It would have been obvious to substitute the IF of E. coli as taught by Shimizu for the IF of Geobacillus as taught by Imanaka and UniProt. The skilled artisan would have had a reasonable expectation of successfully substituting said IFs, due to the translational machinery of bacteria being universal. The skilled artisan would have been so motivated to perform said substitution in order to have a cell free translation system operable at high temperatures. Substitution of one element for another known in the field is considered to be obvious, absent a showing that the result of the substitution yields more than predictable results. See KSR International Co. v Teleflex Inc 82 USPQ2d 1385 (US 2007) at page 1395.
Thus, the claim is obvious and is properly rejected.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu in view of Imanaka and Grosjean, and further in view of UniProt ID A0A063YXQ5_9BACI.
In regards to claim 11, the above cited references the system of claim 1. As noted above in regards to the improper Markush groupings, claim 11 is such an improper grouping. As such, and as noted above, Applicant has selected SEQ ID NO: 8 to be the species of EF.
As discussed supra in regards to claim 2, Imanaka teaches of Geobacillus bacteria.
Examiner notes SEQ ID NO: 8 has 99.9% identity to ID A0A063YXQ5_9BACI (i.e., a sequence having at least 90% identity to SEQ ID NO: 8), which was integrated into UniProtKB/TrEMBL September 3, 2014 and is recognized as being Elongation Factor G from Geobacillus. A sample of the sequence alignment is included below for Applicant’s reference.
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383
759
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For ease of reference, the information included in DAV from the STIC sequence search results teaching the background information for the above posted sequence alignment is included below:
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615
895
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Therefore, it would have been obvious to a POSITA, before the effective filing date of the claimed invention, to do a simple substitution of one known element for another to obtain predictable results. It would have been obvious to substitute the EF of E. coli as taught by Shimizu for the EF of Geobacillus as taught by Imanaka and UniProt. The skilled artisan would have had a reasonable expectation of successfully substituting said EFs, due to the translational machinery of bacteria being universal. The skilled artisan would have been so motivated to perform said substitution in order to have a cell free translation system operable at high temperatures. Substitution of one element for another known in the field is considered to be obvious, absent a showing that the result of the substitution yields more than predictable results. See KSR International Co. v Teleflex Inc 82 USPQ2d 1385 (US 2007) at page 1395.
Thus, the claim is obvious and is properly rejected.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu in view of Imanaka and Grosjean, and further in view of UniProt A4IMC6 · RRF_GEOTN (retrieved from the internet 12/4/2025; https://www.uniprot.org/uniprotkb/A4IMC6/entry (2007); PTO 892).
In regards to claim 17, the above cited references teach the system of claim 1. Examiner notes as discussed supra, Imanaka teaches of Geobacillus.
Examiner notes SEQ ID NO: 90 has100% identity to UniProt A4IMC6 · RRF_GEOTN, which is noted as being a ribosome recycling factor from Geobacillus thermodenitrificans.
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Therefore, it would have been obvious to a POSITA, before the effective filing date of the claimed invention, to do a simple substitution of one known element for another to obtain predictable results. It would have been obvious to substitute the RRF of E. coli as taught by Shimizu for the RRF of Geobacillus as taught by Imanaka and UniProt. The skilled artisan would have had a reasonable expectation of successfully substituting said RRFs, due to the translational machinery of bacteria being universal. The skilled artisan would have been so motivated to perform said substitution in order to have a cell free translation system operable at high temperatures. Substitution of one element for another known in the field is considered to be obvious, absent a showing that the result of the substitution yields more than predictable results. See KSR International Co. v Teleflex Inc 82 USPQ2d 1385 (US 2007) at page 1395.
Thus, the claim is obvious and is properly rejected.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu in view of Imanaka and Grosjean and further in view of UniProt A0A0E0TE69.
In regards to claim 20, the above cited references teach the system of claim 1. As noted above in regards to the improper Markush groupings, claim 20 is such an improper grouping. As such, and as noted above, Applicant has selected SEQ ID NO: 26 to be the species of RS.
Examiner notes as discussed above, Imanaka teaches of Geobacillus.
Examiner notes SEQ ID NO: 26 has 99.8% identity to ID A0A0E0TE69 (i.e., a sequence having at least 90% identity to SEQ ID NO: 26), which was integrated into UniProtKB/TrEMBL May 27, 2015 and is recognized as being alanine- tRNA ligase (i.e., alanine- tRNA synthetase, i.e., RS) from Geobacillus. A sample of the sequence alignment is included below for Applicant’s reference.
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455
760
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For ease of reference, the information included in DAV from the STIC sequence search results teaching the background information for the above posted sequence alignment is included below:
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365
846
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Therefore, it would have been obvious to a POSITA, before the effective filing date of the claimed invention, to do a simple substitution of one known element for another to obtain predictable results. It would have been obvious to substitute the RS of E. coli as taught by Shimizu for the RS of Geobacillus as taught by Imanaka and GenBank. The skilled artisan would have had a reasonable expectation of successfully substituting said RSs, due to the translational machinery of bacteria being universal. The skilled artisan would have been so motivated to perform said substitution in order to have a cell free translation system operable at high temperatures. Substitution of one element for another known in the field is considered to be obvious, absent a showing that the result of the substitution yields more than predictable results. See KSR International Co. v Teleflex Inc 82 USPQ2d 1385 (US 2007) at page 1395.
Thus, the claim is obvious and is properly rejected.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Shimizu in view of Imanaka and Grosjean, and further in view of UniProt A0A0E0TA16_GEOS2.
In regards to claim 23, the above cited references teach the system of claim 1.
Examiner notes Imanaka teaches of Geobacillus.
Examiner notes SEQ ID NO: 68 has 100% identity to A0A0E0TA16_GEOS2 (i.e., a sequence having at least 90% identity to SEQ ID NO: 68), which was integrated into UniProtKB/TrEMBL May 27, 2015 and is recognized as being methionyl-tRNA formyltransferase (i.e., MTF) from Geobacillus. A sample of the sequence alignment is included below for Applicant’s reference.
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For ease of reference, the information included in DAV from the STIC sequence search results teaching the background information for the above posted sequence alignment is included below:
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Therefore, it would have been obvious to a POSITA, before the effective filing date of the claimed invention, to do a simple substitution of one known element for another to obtain predictable results. It would have been obvious to substitute the MTF of E. coli as taught by Shimizu for the MTF of Geobacillus as taught by Imanaka and GenBank. The skilled artisan would have had a reasonable expectation of successfully substituting said MTFs, due to the translational machinery of bacteria being universal. The skilled artisan would have been so motivated to perform said substitution in order to have a cell free translation system operable at high temperatures. Substitution of one element for another known in the field is considered to be obvious, absent a showing that the result of the substitution yields more than predictable results. See KSR International Co. v Teleflex Inc 82 USPQ2d 1385 (US 2007) at page 1395.
Thus, the claim is obvious and is properly rejected.
RESPONSE TO APPLICANT REMARKS
All Applicant remarks have been addressed above (i.e., in regards to the Improper Markush Groupings) or the rejections to which said remarks applied have been withdrawn.
Conclusion
In regards to claim 62 (and dependent claim 63), Examiner refers Applicant to the Improper Markush Groupings discussion above and the subsequent species election. Examiner notes Applicant has selected, as stated supra: SEQ ID NO:2 for species of IF (claim 8 and 62), SEQ ID NO: 8 for species of EF (claim 11 and 62), SEQ ID NO: 26 for species of RS (claim 20 and 62). As such, due to the improper Markush groupings and subsequent election of species, Examiner notes there is not prior art for: A system for recombinant cell-free expression comprising:
-a core recombinant protein mixture [comprising] the following components:
-at least one initiation factor having an amino acid sequence selected from SEQ ID NO: 2 (i.e., Applicant elected species of IF);
- at least one elongation factor having an amino acid sequence selected from SEQ ID NO: 8 (i.e., Applicant elected species of EF);
- at least one peptide release factor having an amino acid sequence selected from SEQ ID NO: 18, 20, 22, 86, 88;
- at least one ribosome recycling factor having an amino acid sequence selected from SEQ ID NO: 90;
- at least one aminoacyl-tRNA-synthetase having an amino acid sequence selected from SEQ ID NO: 26 (i.e., Applicant elected species of RS); and
- at least one methionyl-tRNA transformylase having an amino acid sequence selected from SEQ ID NOs: 68 and 132.
The claim language requires each “category” of protein translation machinery to exhibit 100% identity to at least one of the listed sequences within that specific “category”.
Examiner notes, after a thorough sequence search, that the closest prior art for SEQ ID NO: 8 is 99.9% and for SEQ ID NO: 26 the closest prior art is 99.8%. As such, there is not prior art teaching the limitations of claim 62, and thus dependent claim 63.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE R SMALL whose telephone number is (703)756-4783. The examiner can normally be reached Monday - Friday 8:30am-4pm.
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/KATHERINE R SMALL/Examiner, Art Unit 1633
/EVELYN Y PYLA/Primary Examiner, Art Unit 1633