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 .
Claims 1, 8, 9, 13, 18-21 are pending in the instant application. Claims 13, 18-21 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention.
Claims 1, 8, 9 are under consideration in this Office Action.
In view of the claim amendment and arguments filed 02/12/2026, all previous claim rejections have been withdrawn in favor of the instant rejection of the claims stated below.
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claims 1, 8, 9 are rejected under 35 U.S.C. 103 as being unpatentable over US20180073042 (03/15/2018; reference of record) in view of Accession Q9F8A8 (31-OCT-2003; PTO 892), Accession C5ATT7 (28-JUL-2009; PTO 892), Accession C5ATT6 (28-JUL-2009; PTO 892), US20200095620 (03/26/2020; reference of record).
US20180073042 teaches an aqueous solution comprising a carbon monoxide hydratase which comprises carbon monoxide dehydrogenase and formate dehydrogenase and is capable of converting carbon monoxide into formic acid (see entire publication and claims especially claims 1-4 and paragraphs [0011] - [0020].
The teachings of the reference differ from the claims in that the reference does not teach the claimed composition comprising carbon monoxide dehydrogenase, formate dehydrogenase, and an electron mediator.
Accession Q9F8A8 teaches the Carboxydothermus hydrogenoformans carbon monoxide dehydrogenase have an amino acid sequence that is 100% identical to SEQ ID NO: 1 (see attached alignment).
Accession C5ATT7 teaches the teaches the Methylorubrum extorquens formate dehydrogenase alpha subunit having an amino acid sequence that is 100% identical to SEQ ID NO: 4 (see attached alignment).
Accession C5ATT6 teaches the Methylorubrum extorquens formate dehydrogenase alpha subunit having an amino acid sequence that is 100% identical to SEQ ID NO: 5 (see attached alignment).
US20200095620 teaches electron mediators including methyl viologen, ethyl viologen, or a combination thereof; and the recombinant microorganisms comprising formate dehydrogenase had increased formate productivity in an environment in which, among various electron mediators, methyl viologen, ethyl viologen, or a combination thereof is present (see entire publication and claims especially claims 1-13 and paragraphs [0040]). In Fig 2 of US20200095620 (paragraphs [0050]) shows a graph showing formate production of various recombinant strains in an electrochemical reaction system where the reaction conditions are: 0.6g wet-cell, 10 mM MV, pH 6.0; CO2 gas purging, 99.999%, rate: 1 mL/s.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and/or combine the reference teachings to make the claimed invention by forming a composition to comprise the carbon monoxide dehydrogenase of Accession Q9F8A8, formate dehydrogenase the first polypeptide of Accession C5ATT7 and the second polypeptide of Accession C5ATT6, and an electron mediator including methyl viologen, ethyl viologen, or a combination thereof taught by US20200095620. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this in order to obtain a composition comprising carbon monoxide dehydrogenase, formate dehydrogenase, and an electron mediator including methyl viologen, ethyl viologen, or a combination thereof which can be used for producing formic acid. It would have been obvious to adjust the pH and amounts of each of the enzymes in the composition recited in the claims as routine optimization and/or as desired in view of the teachings of US20200095620 showing reaction conditions of pH 6 and increased production of formate in presence of electron mediators. One of ordinary skill in the art at the time the invention was made would have a reasonable expectation of success because making compositions comprising enzymes for producing products are known in the art as shown by the above reference teachings. Hence, the claimed invention as a whole is prima facie obvious.
Conclusion
No claim is allowed.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christian L Fronda whose telephone number is (571)272 0929. The examiner can normally be reached Monday-Thursday and alternate Fridays between 9:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Mondesi can be reached on (408)918-7584. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTIAN L FRONDA/Primary Examiner, Art Unit 1652
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