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 .
Claim Objections
Claims 3-15 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from another multiply dependent claim. In addition, claims must be dependent in the alternative only. Claim 3 depends upon both claims 1 and 2. Claims 4-6 are dependent upon any of the preceding claims. Claims 7-15 are dependent upon multiply dependent claims. See MPEP § 608.01(n). Accordingly, the claims 3-15 have not been further treated on the merits.
Claim Rejections - 35 USC § 102
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 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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Border et al. (November 2018, of record).
Border et al. discloses multiple T cell receptors specific for MGEA10. They bind to the epitope GLYDGMEHL (amino acids 254-262 of MAGEA10). See at least abstract, results section, and Figure 1.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Jooss et al. (WO 2019/036688, published 21 February 2019, filed 17 August 2018, of record) in view of Border et al.
Border et al. is applied as above and further teaches methods for identifying T cell receptors specific for MAGEA10 epitopes. See at least materials and methods section on page 9.
Claim 79 of Jooss et al. is directed to an isolated antigen binding protein directed to an HLA-PEPTIDE target from Table A. An antigen binding protein (ABP) includes T cell receptors (TCR) and antigen binding portions thereof. See at least paragraph [0092]. SEQ ID NO: 2133 in Table A is SLLKFLAKV (i.e. identical to instant SEQ ID NO: 1), a fragment of the target MAGEA10 with HLA of HLA-A*02:01, HLA-A*02:03, HLA-A*02:04, and HLA-A*02:07. SEQ ID NO: 2134 is SLLKFLAK, a fragment of instant SEQ ID NO: 1, a fragment of the target MAGEA10 with HLA-A*03:01. See Table A on page 296. Claim 139 is directed to an engineered cell expressing a receptor comprising the antigen binding protein of any of the preceding claims (including claim 79). Claim 140 depends upon claim 139 and is directed to a T cell.
It would have been obvious to identify and isolate a T cell receptor which specifically recognizes SEQ ID NO: 2133 (instant SEQ ID NO: 1) or SEQ ID NO: 2134 (a fragment of instant SEQ ID NO: 1) as suggested by Jooss et al. by using the methods of Border et al. One would have been motivated to do so in order to develop new T cell receptors for use in therapeutic applications.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIANNE P ALLEN whose telephone number is (571)272-0712. The examiner can normally be reached 7:00-3:30 EST Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Hama can be reached at 571-272-2911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Marianne P Allen/Primary Examiner, Art Unit 1647
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