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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/23/26 has been entered.
Election/Restrictions and Claim Status
Applicants amendments and arguments filed 2/27/26 are acknowledged. Any rejection or objection from the 12/29/25 office action that is not addressed below is withdrawn based on the amendments.
Previously, Group 1 and the species of SEQ ID NO:1 were elected.
Claims 16 and 20 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/24/25.
With respect to newly added claim 41, SEQ ID NO:1 was elected, not SEQ ID NO:9 of newly added claim 41. SEQ ID NO:1 does not include modifications as in claim 7.
Claims 7 and 41 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/24/25.
Claims 4-6, 8-11, 13-15, 17-19 and 21-39 have been canceled.
Claims 1-3, 12 and 40 are being examined.
Priority
The priority information is found in the filing receipt dated 10/5/22.
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(s) 1-3, 12 and 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Diamond DJ (US 6,632,435; ‘Diamond’).
Diamond teach the preparation of a positional scanning synthetic combinatorial library (example 6 columns 15-16). Diamond teach a C-amide synthetic L-amino acid combinatorial nonapeptide library (H-A1-Y9-CONH2) that consisted of 180 mixtures in the OX8 format where O represents one each of the 20 natural L-amino acids and X represents any of the 20 natural amino acids with the exception of cysteine (example 6 columns 15-16). Diamond teach that each mixture consisted of 198 different nonamer peptides (example 6 columns 15-16).
In relation to the peptide of claims 1-3 and 40, the nonapeptide library of Diamond is of sequence OX8 where O represents one each of the 20 natural L-amino acids and X represents any of the 20 natural amino acids with the exception of cysteine in each of the remaining positions (example 6 columns 15-16). Diamond teach that each mixture consisted of 198 different nonamer peptides (example 6 columns 15-16). Thus, when O is N (one of the 180 mixtures) , the library necessarily comprises NDSYLRSSL-NH2 (one of the 198 different nonamer peptides) which is instant SEQ ID NO:1. Diamond expressly teach the peptides as synthetic (example 6 columns 15-16).
In relation to claim 12, Diamond expressly teach the preparations as mixtures (example 6 columns 15-16).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONALD T NIEBAUER whose telephone number is (571)270-3059. The examiner can normally be reached M - F 6:30 - 2:30 EST.
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RONALD T. NIEBAUER
Primary Examiner
Art Unit 1658
/RONALD T NIEBAUER/Examiner, Art Unit 1658
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