DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is in response to the communication filed 10-2-25.
Claims 1-19 are pending in the instant application.
Election/Restrictions
Claims 1, 15 and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 10-2-25.
Applicant’s election without traverse of Group II, two non-contiguous DNA stretches, triangular building block, polyhedron, 6 planes, 4 parallel stretches, four copies of a triangular frustum forming a half octahedron, 3 side trapezoids, a recess formed by missing DNA double helical stretches and an extrusion formed by additional DNA double helical stretches, claims 2-14, in the reply filed on 10-2-25, is acknowledged.
Claim Objections
Claims 10 and 12 are objected to because of the following informalities:
In claim 10, line 4, “results” appears to be grammatically incorrect (perhaps replacing “results” with – result – would be remedial).
In claim 12, line 3, “do not comprises” appears to be grammatically incorrect (perhaps replacing “do not comprises” with – do not comprise – would be remedial).
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 2-14, 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tikhomirov et al (J. Am. Chem. Soc., Vol. 140, pages 17361-17364 (2018)), Endo et al (J. Am. Chem. Soc., Vol. 131, pages 15570-15571 (2009)) the combination in view of Castro et al (WO 2019/199787), and Li et al (Interface Focus, Vol 1, pages 702-724 (2011)).
The claims are drawn to compositions comprising DNA based macromolecule-based nanostructures encasing a cavity with a diameter of at least 20 nm for encapsulating a virus or viral particle, formed by self-assembling DNA- based building blocks, wherein each of said self-assembling DNA-based building blocks are formed by a single-stranded DNA template strand and a set of oligonucleotides complementary to said single-stranded DNA template, wherein each of said set of oligonucleotides is either complementary to one contiguous DNA sequence stretch or to at least two non-contiguous DNA sequence stretches on said single-stranded DNA template which optionally comprises a closed three-dimensional geometric shape optionally comprising a sphere, cylinder, or a polyhedron optionally comprising an octahedron or an icosahedron formed in situ in the presence of said virus or viral particle to be encapsulated, or which macromolecule-based nanostructure is optionally a combination of a first shell and a second shell with an opening to access a first inner cavity and a second inner cavity, which said first inner cavity and said second inner cavity together form said cavity and optionally wherein said first and said second shell are connected by at least one linker, and which origami nanostructure is optionally an icosahedral structure, wherein each of said self-assembling DNA-based building blocks is a triangular or and/or a rectangular prismoid, and having a molecular mass of at least 1 MDa.
Tikhomirov et al (J. Am. Chem. Soc., Vol. 140, pages 17361-17364 (2018)) (See IDS filed 1-23-25) teach DNA origami tiles for generating complex molecular patterns and shapes using flat DNA origami structures as building blocks. Tikhomirov teaches controlled transitions between 3D and 2D structures using simple methods including substrate concentrations, magnesium concentrations, fold symmetry in tile edge design. Triangular DNA origami was shown to be an ideal building block for complex self-assembly and reconfiguration. Tikhomirov utilized a combination of squares and triangles. Tikhomirov disclosed the generation of spherical structures with a diameter of approximates 205 nm, comprising an icosahedron made of 20 equilateral triangles. Tikhomirov teaches origami comprising DNA helices arranged perpendicular to all three edges, enabling a high level of programmability for creating edge interactions with desired specificity and binding energy, utilizing a combination of stacking bonds and short sticky ends, and where equilateral triangles allow for formation of 3D structures (see entire document).
Endo et al (J. Am. Chem. Soc., Vol. 131, pages 15570-15571 (2009)) (See IDS filed 1-23-25) teach origami comprising multiple arm DNA structures and preparing DNA hollow prism structures. The hollow 3D prism structures were designed to consist of a corresponding number of double helices on their sides, with rectangles connected b flexible hinges. The origami structures consisted of 24mer and 8mer DNA moieties and a T2 linker inserted between the DNA moieties (see entire document, esp. Figure 1 and Figure 2 on page 15570).
Castro et al (WO 2019/199787) (See IDS filed 8-19-22) teach DNA origami nanostructures containing four internal cavities, and loaded with small molecule drugs, nucleic acids and/or therapeutic antibodies. Castro teaches DNA origami as referring to the nanoscale folding of DNA to create non arbitrary two and three dimensional shapes at the nanoscale level. According to Castro, DNA origami works by using long scaffold strands of DNA and holding it together using short (200-250 base) staple strands which stabilize and strengthen the origami structure. Castro teaches origami nanostructures which are loaded with molecules for enhanced drug delivery see esp. the abstract, pages 3, 9, 10, 28-30).
Li et al (Interface Focus, Vol 1, pages 702-724 (2011)) (See IDS filed 8-19-22) teach strategies to control assembly of nucleic acids for building functional nucleic acid nanodevices for nanomedicine. Li teaches three dimensional DNA nanoarchitectures comprising cubes, truncated octahedrons, DNA tetrahedrons, dodecahedra, buckyballs, and icosahedrons assembled from three point star and five point star motifs. Li teaches DNA boxes with well-defined shapes and internal cavities, as well as DNA structures with novel hollow prisms (see esp. text on pages 703-706). Li teaches nanostructures for cargo encapsulation (see Figure 9 on page 715).
It would have been obvious to design and optimize the instantly claimed nanostructures because the prior art routinely utilized self-assembling DNA nanostructures for encapsulating a wide array of cargo or target moieties. The combined teachings of Tikhomirov, Endo, Castro and Li disclose routine experimentation in assembling icosahedrons and a wide array of nanostructures including those containing cavities, and those composed from building 2 and 3 dimensional structures, as instantly claimed. One of skill in the art would have reasonably expected that the claimed nanostructures would provide for viral capture and encapsulation, as antiviral agents are readily available and their assembly in the interior of the nanostructure would require no more than routine experimentation, relying on the combined teachings of Tikhomirov, Endo, Castro and Li.
For these and the aforementioned reasons, the instant invention would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application.
Conclusion
Certain papers related to this application may be submitted to Art Unit 1637 by facsimile transmission. The faxing of such papers must conform with the notices published in the Official Gazette, 1156 OG 61 (November 16, 1993) and 1157 OG 94 (December 28, 1993) (see 37 C.F.R. ' 1.6(d)). The official fax telephone number for the Group is 571-273-8300. NOTE: If Applicant does submit a paper by fax, the original signed copy should be retained by applicant or applicant's representative. NO DUPLICATE COPIES SHOULD BE SUBMITTED so as to avoid the processing of duplicate papers in the Office.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jane Zara whose telephone number is (571) 272-0765. The examiner’s office hours are generally Monday-Friday, 10:30am - 7pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jennifer Dunston, can be reached on (571)-272-2916. Any inquiry of a general nature or relating to the status of this application should be directed to the Group receptionist whose telephone number is (703) 308-0196.
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Jane Zara
11-7-25
/JANE J ZARA/Primary Examiner, Art Unit 1637