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 .
New grounds of rejection is set forth below with a reference cited in the specification.
Claims filed September 19, 2025 is entered.
Claims 1-8, 10-16, 19-20, 22, 24-25 are pending. Claims 9, 17-18, 21, 23, 26-51 are canceled. Claims 24-25 are withdrawn. Claims 1-8, 10-16, 19-20, 22 are examined.
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.
(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.
Claim(s) 1-8, 15-16, 22 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Rahe et al. (Viral Immunology, 2018).
Rahe teach method of isolating B cells comprising contacting the cells with target protein with a capture tag couple to a multimeric protein and isolating the complex (page 2). Rahe teach the method of biotinylation of nsp7 with amino-terminal myc tag and a carboxyl 6x histadine tag (page 2). Protein biotinylation was achieved by using an EZ-link kit. The streptavidin (SA)-PE was added to mixture and isolated as tetramer. The tetramer PE incubated with leukocytes mixture and incubated with anti-PE magnetic beads (page 4; Figure 4). The tetramer was incubated with PRRSV antibody positive and negative sercum and anti-PE microbeads (page 5, right column). B cells were evaluated by FACS analysis (page 5, second column, last paragraph). A second complex of decoy tetramer is incubated with the cells (page 4, figure 4).
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.
Claim(s) 1-8, 15-16, 19-20, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lindner et al. (WO 2018/170362) in view of Allison et al.(US 2016/0033504).
Rahe teach method of isolating B cells comprising contacting the cells with target protein with a capture tag couple to a multimeric protein and isolating the complex (page 2). Rahe teach the method of biotinylation of nsp7 with amino-terminal myc tag and a carboxyl 6x histadine tag (page 2). Protein biotinylation was achieved by using an EZ-link kit. The streptavidin (SA)-PE was added to mixture and isolated as tetramer. The tetramer PE incubated with leukocytes mixture and incubated with anti-PE magnetic beads (page 4; Figure 4). The tetramer was incubated with PRRSV antibody positive and negative sercum and anti-PE microbeads (page 5, right column). B cells were evaluated by FACS analysis (page 5, second column, last paragraph). A second decoy tetramer is incubated with the cells (page 4, figure 4). Rahe does not teach the nucleic acid encoding the antibody.
Allison teach the method isolation of B cells with biotin labeled antigen and magnetic streptavidin beads (para 4, 12-13, 107). Allison teach the sorting of cells using flow cytometry (para 27-28). Allison teach the biotinylated antibody (para 227). Allison teach the recombinant expression of antibodies (para 243).
It would have been obvious to one of ordinary skill in the art at the time of the filing to incorporate the teachings of Allison into the methods taught by Rahe. One of ordinary skill in the art would have been motivated because it is obvious to substitute/incorporate well known obvious techniques taught by both Allison and Lindner which were not explicitly stated but was being used or were used at the time of the filing by one of ordinary skill in the art.
It would be obvious to one of ordinary skill in the art at the time of filing to identify a second complex using the technique available by the teaching of Lindner and Allison. One of ordinary skill in the art would be motivated by the success of the first complex cell isolation and would continue with a second complex.
No claims are allowed. Claims 10-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D PAK whose telephone number is (571)272-0879. The examiner can normally be reached on flexible time.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vanessa Ford can be reached on 571-272-0857. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL D PAK/Primary Examiner, Art Unit 1674