DETAILED ACTION
Status of the Claims
Claims 1-2 are currently pending and are the subject of this Office Action.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections – 35 U.S.C. 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 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.
Di Niro et al.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Di Niro et al. ("Profiling the autoantibody repertoire by screening phage-displayed human cDNA libraries." Peptide Microarrays: Methods and Protocols (2009): 353-369).
Regarding claims 1-2, Di Niro discloses an antigen display library comprising a Ff phage-based library (e.g., M13K.07 phase as per p. 360) comprised of a plurality of phage clones containing DNA inserts inserted therein, wherein the DNA inserts:
(a) are derived from mRNA from a cell type or tissue type and each encode a polypeptide (e.g., as per the 3.1. Construction of ORF-Enriched cDNA Libraries section on pp. 358-359);
(b) comprise an average length selected from between about 150 nucleotides and about 900 nucleotides (e.g., “cDNA is prepared from human fibroblasts mRNA, averge size 350 bp, range 100–700 bp” as per p. 355);
(c) are selected for in-frame expression of the polypeptide; wherein the clones are optionally expressed in a phage-based library (e.g., as per the 3.1. Construction of ORF-Enriched cDNA Libraries section on pp. 358-359), and wherein the diversity of polypeptides encoded by the DNA inserts in the antigen display library is greater than 1X106 (e.g., “Phage-display cDNA libraries can be produced with a complexity that can easily exceed several millions different clones, each of them representing a protein or a protein fragment” as per p. 354).
Gupta et al.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gupta et al. (PLOS ONE, 2013, 8(9):e75212).
Regarding claims 1-2, Gupta discloses an antigen display library comprising a Ff phage-based library (e.g., AGM13 phage as per the AGM13 Enables Efficient Selection of ORF Bearing Phages section on p. 4) comprised of a plurality of phage clones containing DNA inserts inserted therein, wherein the DNA inserts:
(a) are derived from mRNA from a cell type or tissue type and each encode a polypeptide (e.g., as per the AGM13 Enables Efficient Selection of ORF Bearing Phages section on p. 4);
(b) comprise an average length selected from between about 150 nucleotides and about 900 nucleotides (e.g., “two large gene fragment libraries (>0.5–1 x 108 clones) containing 100–300 bp and 300–800 bp fragments of the M. tuberculosis genome were constructed” as per the AGM13 Enables Efficient Selection of ORF Bearing Phages section on p. 4);
(c) are selected for in-frame expression of the polypeptide; wherein the clones are optionally expressed in a phage-based library (e.g., AGM13 phage as per the AGM13 Enables Efficient Selection of ORF Bearing Phages section on p. 4), and wherein the diversity of polypeptides encoded by the DNA inserts in the antigen display library is greater than 1X106 (e.g., “two large gene fragment libraries (>0.5–1 x 108 clones) containing 100–300 bp and 300–800 bp fragments of the M. tuberculosis genome were constructed” as per the AGM13 Enables Efficient Selection of ORF Bearing Phages section on p. 4).
Conclusion
No claims are allowed.
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/JEREMY C FLINDERS/
Primary Examiner, Art Unit 1684