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 .
Claims and Previous Objections/Rejections Status
Claims 106-123,126 and 127 are pending in the applications. Claims 111,113,115,116 and 120-123 are withdrawn from consideration.
Any objections and/or rejections from previous office actions that have not been reiterated in this office action are obviated.
Response to Arguments
Applicant’s arguments, see REMARKS, filed 12/22/25, with respect to the rejection(s) of claim(s) 106-110,112,114,117-119,126 and 127 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Young et al. (US 2022/0120736A1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 106-110,112,114,117-119,126 and 127 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young et al. (US 2022/0120736A1).
Young et al. (US 2022/0120736A1) discloses condensates, the method of contacting a condensate with an agent and identifying the agent that modulates a condensate property (p3, [0021]; p6, [0043]; p7, [0046]; p9, [0062]) that encompasses the method of characterizing a first agent of the instant claims.
The condensates comprise transcriptional condensates, heterochromatin condensates or super-enhancer condensates (p2, [0014],[0019]; p4, [0029]; p9, [0064]) that encompasses the transcriptional condensates, heterochromatin condensates or super-enhancer condensates of the instant claims.
The agent comprises a peptide, nucleic acid, small molecule, etc. (p4, [0027-0028]; p7, [0046]; p31, [0193]; p32, [0197]) that encompasses the first agent and the first agent is a small molecule of the instant claims.
The condensate comprises a structural analog (second agent) of the first agent that is structurally similar to the first agent (p32, [0194]) and encompasses the second agent and that the first agent and second agent have similar structure of the instant claims.
The structural analog (second agent) differs from the agent in the substructure (p32, [0194]) that encompasses the first agent is an isomer of the second agent of the instant claims.
The condensate comprises a “compounds associated with or within a condensate” that is sometimes referred to as client components (p2-3, [0018]; p3, [0021]; p30, [0183]) that interacts with the agent (p3, [0021]) wherein the agent is used to reduce the level of a condensate component (p33, [0205]). The components comprise transcription factors, enzymes, oncogene, etc. (p2, [0015]; p30,
[0180]; p53, [0363]) that encompasses the transcription factor, enzyme and oncogene of the instant claims.
The condensate has a detectable tag, such as a fluorescent tag (p6, [0043]; p10, [0072-0073)
that encompasses the fluorescent tag of the instant claims. The detectable tag is attached to a component of the condensate, such as the structural analog (second agent) or second component (p10, [0072]; p43, [0281],[0284]; p48, [0324]).
The agent and/or second component is/are directed to a ligand of the condensate (p8, [0051]; p43, [0281]) wherein the ligand encompasses the target component for the second agent of the instant claims.
The amount of the component associated with the condensate is modulated by contact with the
agent that reduces or eliminates interactions between the component and other components
associated with the condensate (p4, [0032]).
A condensate component is excluded from the condensate upon introduction of the agent (p36, [0220]) that encompasses the eviction of a second agent from the condensate.
The condensate is in the form of a cell or in vitro (p9, [0062],[0068]; p36, [0221]; p49, [0335]) wherein the in vitro encompasses the condensate does not comprise a cell.
The condensate comprises a mutated nuclear receptor that is associated with a disease or condition, such as cancer (p7-8, [0050]).
The method of detecting is performed via microscopy, such as fluorescence microscopy (p43, [0286]; p66, [0542]; claim 372) that encompasses the fluorescence microscopy of the instant claims.
Young et al. does not explicitly disclose that the second agent is evicted from the condensate.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention that the second agent is evicted from the condensate as Young et al. teaches that
the test agent evicts a component/client of the condensate, not excluding the second agent, second
component, etc.
Young et al. does not explicitly disclose that the first agent is an isomer of the second agent.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention that the first agent is an isomer of the second agent as Young et al. discloses that the structural analog (second agent) differs only in in the substructure.
Young et al. does not explicitly disclose that the target component is for the second agent.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention that the ligand (target) of the agent is a target for the second agent as the agent
and second agent have analogous structure and therefore, the second agent will be directed to an analogous ligand (target) of the condensate.
Young et al. does not explicitly disclose the detectable tag does not affect the condensate partition property of the first agent and/or second agent or that the ability of the first agent to cause eviction of the second agent from the condensate is measured by the ratio of the second agent inside and outside of the condensate wherein an increasing amount of the first agent, and the eviction of the second agent from the condensate is measured continuously or at discrete intervals.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to measure by the ratio of the second agent inside and outside of the condensate at different concentrations of the first agent at discrete intervals as Young et al. discloses the quantification of the partition ratio for the signaling factors is measured by dividing the average fluorescence signal outside of the droplets for at least 10 acquired images at all concentrations tested.
The fluorescent detectable tags of Young et al. encompass the fluorescent detectable tag of the
instant claims, have the same properties and are capable of the same functions, such as not affecting the condensate partition property of the first agent and/or the second agent.
Conclusion
No claims are allowed at this time.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELISSA JEAN PERREIRA whose telephone number is (571)272-1354. The examiner can normally be reached M9-3, T9-3, W9-3, Th9-2, F9-2.
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/MELISSA J PERREIRA/Examiner, Art Unit 1618
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