DETAILED ACTION
This action is in reply to papers filed 11/17/2025. Claims 1-14 and 25-30 are pending and examined herein.
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 .
Examiner’s Note
All paragraph numbers throughout this office action, unless otherwise noted, are from the US PGPub of this application US20220290100A1, Published 9/15/2022.
Withdrawn Claim Objections
The objection to claims 5 and 9 are withdrawn in view of amendments made to the claims.
Withdrawn Claim Rejections
The nonstatutory double patenting rejection of instant claims as being unpatentable over claims 1-8 of U.S. Patent No. 11345890 withdrawn in view of Applicant filed and Office accepted terminal disclaimer.
Maintained Claim Objections
The 112 (b) rejection of claim 30 is maintained. Applicant’s arguments will be addressed following maintained rejection.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 30 recites the limitation "The method of claim 27, wherein the genetic alteration.." in line 1. There is insufficient antecedent basis for this limitation in the claim. Note that claim 27 does not recite a genetic alteration.
Appropriate correction is required.
Applicant’s Response to Office Action mailed 5/19/2025
Applicant argues: Applicant has amended claim 30 to depend from claim 29, which contains the limitation to "genetic alteration" thereby providing antecedent basis.
In Response: Applicant’s arguments have been fully considered, but are not found persuasive. Specifically, claim 30 has not been amended such that it depends from claim 29. Claim 30 is copied below, in full.
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Again, claim 30 has not been amended such that it now depends on claim 29. Because Applicant’s arguments were not found persuasive, the rejection is maintained.
Authorization to Initiate Electronic Communications
The examiner may not initiate communications via electronic mail unless and until applicants authorize such communications in writing within the official record of the patent application. See M.P.E.P. § 502.03, part II. If not already provided, Applicants may wish to consider supplying such written authorization in response to this Office action, as negotiations toward allowability are more easily conducted via e-mail than by facsimile transmission (the PTO's default electronic-communication method). A sample authorization is available at § 502.03, part II.
Conclusion
Claims 1-14 and 25-29 are allowed
Claim 30 is rejected.
THIS ACTION IS MADE FINAL. 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 mailing date of this final action.
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/TITILAYO MOLOYE/ Primary Examiner, Art Unit 1632