2Notice 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 .
DETAILED ACTION
Claims 1--10 are pending.
In response to the restriction requirement of 6/18/2025, applicants’ election on 8/4/2025 without traverse of group II (claims 1--10) directed to a manufacturing method for ergothioneine, comprising a step of culturing bacterium of the genus a budding yeast as species selection in a medium comprising a carbon source, to produce ergothioneine. Claims 1--10 are for examination.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 7/13/2022 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the IDS statements.
Double Patenting Rejection
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
The instant Claims are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-18 of US PAT 11,390,897. The instant application is a CON of US PAT 11,390,897. An obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but an examined application claim not is patentably distinct from the reference claim(s) because the examined claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985). Although the conflicting claims are not identical, they are not patentably distinct from each other.
The instant application is a CON of US PAT 11,390,897. The claims 1-18 of US PAT 11,390,897 are directed to manufacturing method for ergothioneine, comprising the steps of: culturing an ergothioneine-producing bacterium of the genus Methylobacterium and/or a budding yeast selected from the group consisting of those of the genera Rhodotorula and Cryptococcus. The Instant claims also are directed to manufacturing method for ergothioneine, comprising the steps of: culturing an ergothioneine-producing bacterium of the genus Methylobacterium and/or a budding yeast selected from the group consisting of those of the genera Rhodotorula and Cryptococcus. The specification that teach manufacturing method for ergothioneine, comprising the steps of: culturing an ergothioneine-producing bacterium of the genus Methylobacterium and/or a budding yeast selected from the group consisting of those of the genera Rhodotorula and Cryptococcus of that patent can also teach in different embodiment themanufacturing method for ergothioneine, comprising the steps of: culturing an ergothioneine-producing bacterium of the genus Methylobacterium and/or a budding yeast selected from the group consisting of those of the genera Rhodotorula and Cryptococcus. It would have been obvious to one of ordinary skill in the art to select this specific embodiment of the genera of manufacturing method for ergothioneine, comprising the steps of: culturing an ergothioneine-producing bacterium of the genus Methylobacterium and/or a budding yeast selected from the group consisting of those of the genera Rhodotorula and Cryptococcus that practiced for the claims of that patent to use for the manufacturing method for ergothioneine, comprising the steps of: culturing an ergothioneine-producing bacterium of the genus Methylobacterium and/or a budding yeast selected from the group consisting of those of the genera Rhodotorula and Cryptococcus of instant claims. Therefore claims 1-10 of instant application are obvious over claims of , especially claim 1, US PAT 11,390,897. A TD submission will overcome the ODP rejection
Conclusion
Claims 1-10 are rejected and no claim is allowable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD Y MEAH whose telephone number is (571)272-1261. The examiner can normally be reached on monday-friday (8-7).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Mondesi can be reached on 4089187584. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMAD Y MEAH/ Examiner, Art Unit 1652