DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Applicants ‘amendments and response of 9/29/2025 are acknowledged. Claims 35 and 37 have been canceled.
Status of the Claims
3. Claims 1, 3-6, 8-12, 16,19, 26-27, 42, 45-46 and 52 have been amended. Claims 35 and 37 have been canceled. Claims 2, 7, 13-15, 17-18, 20-25, 28-41. 43-44 and 47-51 have been canceled.
Drawings
4. The drawings filed 12/2/2022 are accepted by the examiner.
Information Disclosure Statement
5. Information disclosure statement filed 12/7/2022 is acknowledged. Initialed copy is enclosed.
Election/Restrictions
6. Applicants’ election without traverse of 9/29/2025 is acknowledged. Applicants elected group I claims 1, 3-6, 8-12, 16 and 19 directed to a polypeptide.
Claims 1, 3-6, 8-12, 16 and 19 are under consideration. Claims 26-27, 42, 45-46 and 52 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to non-elected inventions.
Claim Objections
7. Claims 3 is objected to because of the following informalities: Claim 3 recite abbreviation S. agalactiae. Full name said abbreviation is required when appears for the first time in the claim.
Claim Rejections - 35 USC § 112
8. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
9. Claims 1, 3, 5-6, 8-12, 16 and 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. This is a written description rejection.
Claim 1 recites: A polypeptide capable of self-assembling into a nanoparticle, the polypeptide comprising of a sequence having at least 80% sequence identity, at least 85% sequence identity, at least 87% sequence identity, at least 90% sequence identity, at least 92% sequence identity, at least 94% sequence identity, at least 95% sequence identity, at least 96% sequence identity, at least 97% sequence identity, at least 98% sequence identity, at least 99% sequence identity, or 100% sequence identity to a sequence selected from: SEQ ID NO: 4, SEQ ID NO: 5, SEQ ID NO: 2, SEQ ID NO: 6, SEQ ID NO: 7, and SEQ ID NO: 8.
The specification and the claims do not indicate what distinguishing attribute are shared by the members of the genus. Thus the scope of the claims include numerous structural variants, and the genus is highly variant because a significant number of structural differences between genus members is permitted. Since the disclosure fails to describe the common attributes or characteristics that identify the members of the genus, and because the genus is highly variant, SEQ ID NOs: 2, 4, 5, 6, 7, 8 are insufficient to describe the genus of 80%, 85%, 87% 90%, 92%, 94% , 95% etc variants thereof. Every peptide of at least 10 amino acid is capable of eliciting an antibody, and if the full length protein is linearized the elicited antibody will also bind the full length protein. Thus applicant has not described a function, which is shared by the full length or fragments thereof of SEQ ID NO: 4, which would adequately describe the genus. One skilled in the art would reasonably conclude that the disclosure fails to provide a representative number of species to describe the genus of the variants. Thus applicant was not in possession of the claimed genus.
Adequate written description requires more than a mere statement that is part of the invention and a reference to a potential method of isolating it. The protein itself is required. See Fiers v. Revel, 25 USPQ 2d 1601 at 1606 (CAFC 1993) and Amgen Inc. v. Chugai Pharmaceutical Co. LTS. 18 USPQ 2d 1016. Applicant is directed to the Revised Interim Guidelines for the Examination of Patent Application Under 35 U.S.C. 112, 1 “Written Description” Requirement, Federal Register, Vol. 64, No.244, pages 71427-71440, Tuesday December 21, 1999.
The MPEP states that written description for a genus can be achieved by a representative number of species within a broad generic. It is unquestionable that the claims are broad generics, with respect to all strains that might result from being similar or derived from the claimed identified bacteria. The instant disclosure fails to identify a single similar strain or a derived strain of the claimed and deposited bacteria. The specification further fails to describe any specific genome such that one would know what the claimed genome actually requires to meet the limitations of the claims. The possible variations of bacteria and thus, compositions thereof, are limitless with potentially millions of types of bacteria and compositions resulting therefrom.
The purpose of the written description requirement is to ensure that the invention had possession, as of the filing date of the application, of the specific subject matter later claimed by him or her. A patent specification must describe an invention and do so in sufficient detail that one skilled in the art can clearly conclude that the inventor invented the claimed invention. Thus, an applicant complies with the written description requirement "by describing the invention, with all its claimed limitations" and by using "such descriptive means as words, structures, figures, diagrams, formulas, etc., that set forth the claimed invention." The specification lacks sufficient variety of species of any genome, any highly similar strain, or any strain derived from the deposited strain to reflect this variance in the genus since the specification does not provide any examples of such a genus of bacterial species or strains. Accordingly, the specification fails to provide adequate written description for the genus of “highly similar”, “a strain derived therefrom”, or a strain that has a “query genome” in any overlap to a “reference genome” and does not reasonably convey to one skilled in the relevant art that the inventors, at the time the application was filed had possession of the entire scope of the claimed invention. Moreover, the specification neither describes the complete structure of a representative number of species, nor describes a representative number of species in terms of partial structure and relevant identifying characteristics. Absent of such teachings and guidance as to the structure and function of these strains, the specification does not describe the claimed similar or derived bacterial strains in such full, clear, concise and exact terms so as to indicate that Applicant had possession of these strains at the time of filing of the present application. Thus, the written description requirement has not been satisfied.
Claim Rejections - 35 USC § 101
10. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
11. Claims 1, 3-6, 8-12, 16 and 19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a natural phenomenon, specifically natural bacteria, without significantly more.
The claims are drawn to A polypeptide capable of self-assembling into a nanoparticle, the polypeptide comprising of a sequence having at least 80% sequence identity, at least 85% sequence identity, at least 87% sequence identity, at least 90% sequence identity, at least 92% sequence identity, at least 94% sequence identity, at least 95% sequence identity, at least 96% sequence identity, at least 97% sequence identity, at least 98% sequence identity, at least 99% sequence identity, or 100% sequence identity to a sequence selected from: SEQ ID NO: 4, SEQ ID NO: 5, SEQ ID NO: 2, SEQ ID NO: 6, SEQ ID NO: 7, and SEQ ID NO: 8.
The claims are drawn to polypeptides and SEQ ID Nos derived from Streptococcus agalactiae which is a product of nature and which is not markedly different from the bacteria as it occurs in nature because it behaves in the same manner by which it thrives in nature. This judicial exception is not integrated into a practical application because sequences are isolated from said bacteria and does not require additional elements that are sufficient to amount to significantly more than the judicial exception. It is noted that merely taking a bacteria from its natural habitat and isolating sequences from it does not add meaningful limitation, but is only an attempt to generally link the product of nature to a particular technological environment. Claim 3 recites a Streptococcus agalactiae protein sequence.
The claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim(s) is/are directed to natural product. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because Streptococcus agalactiae is natural products. The characteristics of each component are not markedly different from their naturally occurring counterparts since they have the same structure and function as they do when found in nature.
Step 1: Yes, the claim is drawn to natural product, which is one of the four statutory categories.
Step 2A: yes, the claim is drawn to a judicial exception (JE).
Step 2B. This step fails to add significantly more than the JE. Therefore, that would not be enough to make it eligible.
The claimed mixture is like the novel bacterial mixture of Funk Brothers, which was held ineligible because each species of bacteria in the mixture (like each component in the foliar spray mixture) continued to have “the same effect it always had”, i.e., it lacked markedly different characteristics. Funk Brothers Seed Co. v. Kalo Inoculant Co., 333 U.S. 127, 131 (1948), discussed in Myriad Genetics, 133 S. Ct. at 2117 (explaining that the bacterial mixture of Funk Brothers “was not patent eligible because the patent holder did not alter the bacteria in any way”). While not discussed in the opinion, it is noted that several of the claims held ineligible in Funk Brothers recited specific amounts of the bacterial species in the mixture, e.g., claims 6, 7 and 13. Funk Brothers, 333 U.S. at 128 n.1.
It is well established that the mere physical or tangible nature of additional elements such as adding water or saline does not automatically confer eligibility on a claim directed to an abstract idea {see, e.g., Alice Coro, v. CLS Bank Int’l, 134 S.Ct. 2347, 2358-59 (2014)). Thus, taken alone, the hybridizing step does not amount to significantly more.
Claim Rejections - 35 USC § 102
12. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
13. Claim(s) 4 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. US 20040029129 A1 filed 10/25/2002.
The claim is drawn to:
Claim 4. A polypeptide comprising of a sequence selected from: SEQ ID NO: 2, SEQ ID NO: 6, SEQ ID NO: 7, SEQ ID NO: 9, SEQ ID NO: 10, SEQ ID NO: 11, SEQ ID NO: 13, and SEQ ID NO: 18.
Wang et al. teach a polypeptide identical 100% to SEQ ID NO: 6, a polypeptide identical 99.5% to SEQ ID NO: 2, a polypeptide identical 99.4% to SEQ ID NO: 7 see sequence alignment below: The prior art anticipates the claimed invention.
Result for SEQ ID NO:6 RESULT 1
US-10-282-122A-57025
(NOTE: this sequence has 2 duplicates in the database searched.
See complete list at the end of this report)
Sequence 57025, US/10282122A
Publication No. US20040029129A1
GENERAL INFORMATION
APPLICANT: Wang, Liangsu
APPLICANT: Zamudio, Carlos
APPLICANT: Malone, Cheryl
APPLICANT: Haselbeck, Robert
APPLICANT: Ohlsen, Kari
APPLICANT: Zyskind, Judith
APPLICANT: Wall, Daniel
APPLICANT: Trawick, John
APPLICANT: Carr, Grant
APPLICANT: Yamamoto, Robert
APPLICANT: Forsyth, R.
APPLICANT: Xu, H.
TITLE OF INVENTION: Identification of Essential Genes in Microorganisms
FILE REFERENCE: ELITRA.034A
CURRENT APPLICATION NUMBER: US/10/282,122A
CURRENT FILING DATE: 2003-02-20
PRIOR APPLICATION NUMBER: 60/191,078
PRIOR FILING DATE: 2000-03-21
PRIOR APPLICATION NUMBER: 60/206,848
PRIOR FILING DATE: 2000-05-23
PRIOR APPLICATION NUMBER: 60/207,727
PRIOR FILING DATE: 2000-05-26
PRIOR APPLICATION NUMBER: 60/230,335
PRIOR FILING DATE: 2000-09-06
PRIOR APPLICATION NUMBER: 60/230,347
PRIOR FILING DATE: 2000-09-09
PRIOR APPLICATION NUMBER: 60/242,578
PRIOR FILING DATE: 2000-10-23
PRIOR APPLICATION NUMBER: 60/253,625
PRIOR FILING DATE: 2000-11-27
PRIOR APPLICATION NUMBER: 60/257,931
PRIOR FILING DATE: 2000-12-22
PRIOR APPLICATION NUMBER: 60/267,636
PRIOR FILING DATE: 2001-02-09
PRIOR APPLICATION NUMBER: 60/269,308
PRIOR FILING DATE: 2001-02-16
Remaining Prior Application data removed - See File Wrapper or PALM.
NUMBER OF SEQ ID NOS: 78614
SEQ ID NO 57025
LENGTH: 155
TYPE: PRT
ORGANISM: Enterococcus faecalis
Query Match 100.0%; Score 811; Length 155;
Best Local Similarity 100.0%;
Matches 155; Conservative 0; Mismatches 0; Indels 0; Gaps 0;
Qy 1 MKFEKTKEILNQLVADLSQFSVVIHQTHWYMRGPEFLTLHPQMDEYMDQINEQLDVVSER 60
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1 MKFEKTKEILNQLVADLSQFSVVIHQTHWYMRGPEFLTLHPQMDEYMDQINEQLDVVSER 60
Qy 61 LITLDGSPFSTLREFAENTKIEDEIGNWDRTIPERMEKLVAGYRYLADLYAKGIEVSGEE 120
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 61 LITLDGSPFSTLREFAENTKIEDEIGNWDRTIPERMEKLVAGYRYLADLYAKGIEVSGEE 120
Qy 121 GDDCTQDIFIANKTDIEKNIWMLQAKLGKAPGIDA 155
|||||||||||||||||||||||||||||||||||
Db 121 GDDCTQDIFIANKTDIEKNIWMLQAKLGKAPGIDA 155
Result for SEQ ID NO:7
RESULT 3
US-10-282-122A-57025
(NOTE: this sequence has 2 duplicates in the database searched.
See complete list at the end of this report)
Sequence 57025, US/10282122A
Publication No. US20040029129A1
GENERAL INFORMATION
APPLICANT: Wang, Liangsu
APPLICANT: Zamudio, Carlos
APPLICANT: Malone, Cheryl
APPLICANT: Haselbeck, Robert
APPLICANT: Ohlsen, Kari
APPLICANT: Zyskind, Judith
APPLICANT: Wall, Daniel
APPLICANT: Trawick, John
APPLICANT: Carr, Grant
APPLICANT: Yamamoto, Robert
APPLICANT: Forsyth, R.
APPLICANT: Xu, H.
TITLE OF INVENTION: Identification of Essential Genes in Microorganisms
FILE REFERENCE: ELITRA.034A
CURRENT APPLICATION NUMBER: US/10/282,122A
CURRENT FILING DATE: 2003-02-20
PRIOR APPLICATION NUMBER: 60/191,078
PRIOR FILING DATE: 2000-03-21
PRIOR APPLICATION NUMBER: 60/206,848
PRIOR FILING DATE: 2000-05-23
PRIOR APPLICATION NUMBER: 60/207,727
PRIOR FILING DATE: 2000-05-26
PRIOR APPLICATION NUMBER: 60/230,335
PRIOR FILING DATE: 2000-09-06
PRIOR APPLICATION NUMBER: 60/230,347
PRIOR FILING DATE: 2000-09-09
PRIOR APPLICATION NUMBER: 60/242,578
PRIOR FILING DATE: 2000-10-23
PRIOR APPLICATION NUMBER: 60/253,625
PRIOR FILING DATE: 2000-11-27
PRIOR APPLICATION NUMBER: 60/257,931
PRIOR FILING DATE: 2000-12-22
PRIOR APPLICATION NUMBER: 60/267,636
PRIOR FILING DATE: 2001-02-09
PRIOR APPLICATION NUMBER: 60/269,308
PRIOR FILING DATE: 2001-02-16
Remaining Prior Application data removed - See File Wrapper or PALM.
NUMBER OF SEQ ID NOS: 78614
SEQ ID NO 57025
LENGTH: 155
TYPE: PRT
ORGANISM: Enterococcus faecalis
Query Match 99.4%; Score 801; Length 155;
Best Local Similarity 99.4%;
Matches 154; Conservative 0; Mismatches 1; Indels 0; Gaps 0;
Qy 1 MKFEKTKEILNQLVADLSQFSVVIHQTHWYMRGPEFLTLHPQMDEYMDQINEQLDVVSER 60
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1 MKFEKTKEILNQLVADLSQFSVVIHQTHWYMRGPEFLTLHPQMDEYMDQINEQLDVVSER 60
Qy 61 LITLDGSPFSTLREFAENTKIEDEIGNWDRTIPERMEKLVAGYRYLADLYAKGIEVSGEE 120
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 61 LITLDGSPFSTLREFAENTKIEDEIGNWDRTIPERMEKLVAGYRYLADLYAKGIEVSGEE 120
Qy 121 GDDSTQDIFIANKTDIEKNIWMLQAKLGKAPGIDA 155
||| |||||||||||||||||||||||||||||||
Db 121 GDDCTQDIFIANKTDIEKNIWMLQAKLGKAPGIDA 155
Result for SEQ ID NO:2
RESULT 2
US-10-282-122A-56876
Sequence 56876, US/10282122A
Publication No. US20040029129A1
GENERAL INFORMATION
APPLICANT: Wang, Liangsu
APPLICANT: Zamudio, Carlos
APPLICANT: Malone, Cheryl
APPLICANT: Haselbeck, Robert
APPLICANT: Ohlsen, Kari
APPLICANT: Zyskind, Judith
APPLICANT: Wall, Daniel
APPLICANT: Trawick, John
APPLICANT: Carr, Grant
APPLICANT: Yamamoto, Robert
APPLICANT: Forsyth, R.
APPLICANT: Xu, H.
TITLE OF INVENTION: Identification of Essential Genes in Microorganisms
FILE REFERENCE: ELITRA.034A
CURRENT APPLICATION NUMBER: US/10/282,122A
CURRENT FILING DATE: 2003-02-20
PRIOR APPLICATION NUMBER: 60/191,078
PRIOR FILING DATE: 2000-03-21
PRIOR APPLICATION NUMBER: 60/206,848
PRIOR FILING DATE: 2000-05-23
PRIOR APPLICATION NUMBER: 60/207,727
PRIOR FILING DATE: 2000-05-26
PRIOR APPLICATION NUMBER: 60/230,335
PRIOR FILING DATE: 2000-09-06
PRIOR APPLICATION NUMBER: 60/230,347
PRIOR FILING DATE: 2000-09-09
PRIOR APPLICATION NUMBER: 60/242,578
PRIOR FILING DATE: 2000-10-23
PRIOR APPLICATION NUMBER: 60/253,625
PRIOR FILING DATE: 2000-11-27
PRIOR APPLICATION NUMBER: 60/257,931
PRIOR FILING DATE: 2000-12-22
PRIOR APPLICATION NUMBER: 60/267,636
PRIOR FILING DATE: 2001-02-09
PRIOR APPLICATION NUMBER: 60/269,308
PRIOR FILING DATE: 2001-02-16
Remaining Prior Application data removed - See File Wrapper or PALM.
NUMBER OF SEQ ID NOS: 78614
SEQ ID NO 56876
LENGTH: 155
TYPE: PRT
ORGANISM: Enterococcus faecalis
Query Match 99.5%; Score 804; Length 155;
Best Local Similarity 99.4%; Matches 154; Conservative 0; Mismatches 1; Indels 0; Gaps 0;
Qy 1 MKFCETKKILNQLVADLSVFSVRIHQVHWYMRGGRFLTLHPKMDDLMEQINDQLDVISER 60
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1 MKFCETKKILNQLVADLSVFSVRIHQVHWYMRGGRFLTLHPKMDDLMEQINDQLDVISER 60
Qy 61 LITLDGSPYSTLEEFFINSKLKEEKGSWNKTIDEQINYLLEGYSYLISIYEEGIEIAGKE 120
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 61 LITLDGSPYSTLEEFFINSKLKEEKGSWNKTIDEQINYLLEGYSYLISIYEEGIEIAGKE 120
Qy 121 GDDCTEDIFIGSKSELEKEIWMLKAELGNSPELDK 155
|||||||||||||||||||||||| ||||||||||
Db 121 GDDCTEDIFIGSKSELEKEIWMLKVELGNSPELDK 155
Claim Rejections - 35 USC § 103
14. 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.
15. Claim(s) 1, 3, 5, 8-12, 16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haikarainen, i J Biol. lnorg. Chem., 15: 183-194 (2009); and, Haikarainen II, Biochem. Biophys. Res. Comm. 398: 361-365 (2010), art of record applicants’ search report in view of WO 2002034771 Telford et al. and Wang et al. US 20040029129 A1 filed 10/25/2002.
Haikarainen,I and Haikarainen, II disclose a polypeptide (Dpr of Streptococcus pyogenes) capable of self assembling into a nanoparticle, said polypeptide comprising a sequence having at least 80% sequence identity to SEQ ID NO: 4 and SEQ ID NO: 5. The documents further disclose related nucleic acids, vectors, host cells, cell cultures, processes of producing a polypeptide. Also described are nanoparticles and immunogenic compositions ( see the whole documents). Haikarainen,I teach alpha helix ( p 183), N-terminal and C-terminal see pages 183, 184, 187, 188.
Additionally, WO 2002034771 Telford et al. also teach proteins from group B streptococcus group B (Streptococcus agalactiae) and group A streptococcus (Streptococcus pyogenes), including amino acid sequences and the corresponding nucleotide sequences (see abstract), WO 2002034771 Telford et al. also teach antigens recited in claim 12. Telford et al. sequences 99% and 100% identical to SEQ IDS 4 and 5. See sequences alignment below:
As to clam 10, Wang et al. teach a polypeptide identical 100% to SEQ ID NO: 15. See sequence alignments below:
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of the references to obtain the claimed invention. Because Haikarainen,I and Haikarainen, II disclose a polypeptide (Dpr of Streptococcus pyogenes) capable of self assembling into a nanoparticle. Telford et al. also teach proteins from group B streptococcus group B (Streptococcus agalactiae) and group A streptococcus (Streptococcus pyogenes), including amino acid sequences. Wang et al. teach a polypeptide identical 100% to SEQ ID NO: 15. The combination of references teach the claimed invention. One of the ordinary of skill in the art would be motivated to use different sequences as taught in the above references to obtain the claimed invention.
Additionally, KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741 (2007), discloses combining prior art elements according to known methods to yield predictable results, thus the combination is obvious unless its application is beyond that person's skill. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741 (2007) also discloses that "The combination of familiar element according to known methods is likely to be obvious when it does no more than yield predictable results". It is well known to combine known compositions thus the combination would have yielded a reasonable expectation of success along with predictable results to one of ordinary skill in the art at the time of the invention. Thus, it would have been obvious to a person of ordinary skill in the art to combine prior art elements according to known methods that is ready for improvement to yield predictable results. The claimed invention is prima facie obvious in view of the teachings of the prior art, absent any convincing evidence to the contrary
SEQ ID NO: 5
ABP29464
(NOTE: this sequence has 2 duplicates in the database searched.
See complete list at the end of this report)
ID ABP29464 standard; protein; 175 AA.
XX
AC ABP29464;
XX
DT 15-JUN-2007 (revised)
DT 02-JUL-2002 (first entry)
XX
DE Streptococcus polypeptide SEQ ID NO 8104.
XX
KW Streptococcus; GAS; GBS; group B streptococcus; Streptococcus agalactiae;
KW group A streptococcus; Streptococcus pyogenes; antibacterial;
KW antiinflammatory; infection; vaccine; meningitis; gene therapy; BOND_PC;
KW putative peroxide resistance protein;
KW putative peroxide resistance protein [Streptococcus pyogenes M1 GAS];
KW dpr;
KW putative peroxide resistance protein [Streptococcus pyogenes MGAS8232];
KW Ferroxidase; Iron-binding ferritin-like antioxidant protein;
KW Non-specific DNA-binding protein;
KW Ferroxidase [Streptococcus pyogenes MGAS10394];
KW non-specific DNA-binding protein Dps;
KW non-specific DNA-binding protein Dps [Streptococcus pyogenes MGAS6180];
KW ferroxidase [Streptococcus pyogenes MGAS6180];
KW ferroxidase [Streptococcus pyogenes MGAS9429];
KW Dps-like peroxide resistance protein Dpr;
KW non-specific DNA-binding protein Dps [Streptococcus pyogenes MGAS9429].
XX
OS Streptococcus pyogenes.
XX
CC PN WO200234771-A2.
XX
CC PD 02-MAY-2002.
XX
CC PF 29-OCT-2001; 2001WO-GB004789.
XX
PR 27-OCT-2000; 2000GB-00026333.
PR 24-NOV-2000; 2000GB-00028727.
PR 07-MAR-2001; 2001GB-00005640.
XX
CC PA (CHIR ) CHIRON SPA.
CC PA (GENO-) INST GENOMIC RES.
XX
CC PI Telford J, Masignani V, Margarit Y RosI, Grandi G, Fraser C;
CC PI Tettelin H;
XX
DR WPI; 2002-352536/38.
DR N-PSDB; ABN70095.
DR PC:NCBI; gi13622619.
XX
CC PT New Streptococcus protein for the treatment or prevention of infection or
CC PT disease caused by Streptococcus bacteria, such as meningitis, and for
CC PT detecting a compound that binds to the protein.
XX
CC PS Claim 1; Page 3932; 4525pp; English.
XX
CC The invention relates to a protein (ABP25413-ABP30895) from group B
CC streptococcus/GBS (Streptococcus agalactiae) or group A streptococcus/GAS
CC (Streptococcus pyogenes), comprising one of 5483 sequences (S1), given in
CC the specification. The proteins have antibacterial and antiinflammatory
CC activity. (I), nucleic acids encoding (I), ABN66044-ABN71526 and
CC antibodies that bind (I) are used in the manufacture of medicaments for
CC the treatment or prevention of infection or disease caused by
CC Streptococcus bacteria, particularly S. agalactiae and S. pyrogenes.
CC Nucleic acids encoding (I) are used to detect Streptococcus in a
CC biological sample. (I) is used to determine whether a compound binds to
CC (I). A composition comprising (I) or a nucleic acid encoding (I), may be
CC used as a vaccine or diagnostic composition. The disease caused by
CC Streptococcus that is prevented or treated may be meningitis. Nucleic
CC acid encoding (I) may be used to recombinantly produce (I) and may be
CC used in gene therapy. Antibodies to (I) are used for affinity
CC chromatography, immunoassays, and distinguishing/identifying
CC Streptococcus proteins
CC
CC Revised record issued on 15-JUN-2007 : Enhanced with precomputed
CC information from BOND.
XX
SQ Sequence 175 AA;
Query Match 100.0%; Score 890; Length 175;
Best Local Similarity 100.0%;
Matches 175; Conservative 0; Mismatches 0; Indels 0; Gaps 0;
Qy 1 MTNTLVENIYASVTHNISKKEASKNEKTKAVLNQAVADLSVAASIVHQVHWYMRGPGFLY 60
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1 MTNTLVENIYASVTHNISKKEASKNEKTKAVLNQAVADLSVAASIVHQVHWYMRGPGFLY 60
Qy 61 LHPKMDELLDSLNANLDEMSERLITIGGAPYSTLAEFSKHSKLDEAKGTYDKTVAQHLAR 120
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 61 LHPKMDELLDSLNANLDEMSERLITIGGAPYSTLAEFSKHSKLDEAKGTYDKTVAQHLAR 120
Qy 121 LVEVYLYLSSLYQVGLDITDEEGDAGTNDLFTAAKTEAEKTIWMLQAERGQGPAL 175
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 121 LVEVYLYLSSLYQVGLDITDEEGDAGTNDLFTAAKTEAEKTIWMLQAERGQGPAL 175
SEQ ID NO: 4
RESULT 2
ABP29464
(NOTE: this sequence has 2 duplicates in the database searched.
See complete list at the end of this report)
ID ABP29464 standard; protein; 175 AA.
XX
AC ABP29464;
XX
DT 15-JUN-2007 (revised)
DT 02-JUL-2002 (first entry)
XX
DE Streptococcus polypeptide SEQ ID NO 8104.
XX
KW Streptococcus; GAS; GBS; group B streptococcus; Streptococcus agalactiae;
KW group A streptococcus; Streptococcus pyogenes; antibacterial;
KW antiinflammatory; infection; vaccine; meningitis; gene therapy; BOND_PC;
KW putative peroxide resistance protein;
KW putative peroxide resistance protein [Streptococcus pyogenes M1 GAS];
KW dpr;
KW putative peroxide resistance protein [Streptococcus pyogenes MGAS8232];
KW Ferroxidase; Iron-binding ferritin-like antioxidant protein;
KW Non-specific DNA-binding protein;
KW Ferroxidase [Streptococcus pyogenes MGAS10394];
KW non-specific DNA-binding protein Dps;
KW non-specific DNA-binding protein Dps [Streptococcus pyogenes MGAS6180];
KW ferroxidase [Streptococcus pyogenes MGAS6180];
KW ferroxidase [Streptococcus pyogenes MGAS9429];
KW Dps-like peroxide resistance protein Dpr;
KW non-specific DNA-binding protein Dps [Streptococcus pyogenes MGAS9429].
XX
OS Streptococcus pyogenes.
XX
CC PN WO200234771-A2.
XX
CC PD 02-MAY-2002.
XX
CC PF 29-OCT-2001; 2001WO-GB004789.
XX
PR 27-OCT-2000; 2000GB-00026333.
PR 24-NOV-2000; 2000GB-00028727.
PR 07-MAR-2001; 2001GB-00005640.
XX
CC PA (CHIR ) CHIRON SPA.
CC PA (GENO-) INST GENOMIC RES.
XX
CC PI Telford J, Masignani V, Margarit Y RosI, Grandi G, Fraser C;
CC PI Tettelin H;
XX
DR WPI; 2002-352536/38.
DR N-PSDB; ABN70095.
DR PC:NCBI; gi13622619.
XX
CC PT New Streptococcus protein for the treatment or prevention of infection or
CC PT disease caused by Streptococcus bacteria, such as meningitis, and for
CC PT detecting a compound that binds to the protein.
XX
CC PS Claim 1; Page 3932; 4525pp; English.
XX
CC The invention relates to a protein (ABP25413-ABP30895) from group B
CC streptococcus/GBS (Streptococcus agalactiae) or group A streptococcus/GAS
CC (Streptococcus pyogenes), comprising one of 5483 sequences (S1), given in
CC the specification. The proteins have antibacterial and antiinflammatory
CC activity. (I), nucleic acids encoding (I), ABN66044-ABN71526 and
CC antibodies that bind (I) are used in the manufacture of medicaments for
CC the treatment or prevention of infection or disease caused by
CC Streptococcus bacteria, particularly S. agalactiae and S. pyrogenes.
CC Nucleic acids encoding (I) are used to detect Streptococcus in a
CC biological sample. (I) is used to determine whether a compound binds to
CC (I). A composition comprising (I) or a nucleic acid encoding (I), may be
CC used as a vaccine or diagnostic composition. The disease caused by
CC Streptococcus that is prevented or treated may be meningitis. Nucleic
CC acid encoding (I) may be used to recombinantly produce (I) and may be
CC used in gene therapy. Antibodies to (I) are used for affinity
CC chromatography, immunoassays, and distinguishing/identifying
CC Streptococcus proteins
CC
CC Revised record issued on 15-JUN-2007 : Enhanced with precomputed
CC information from BOND.
XX
SQ Sequence 175 AA;
Query Match 99.7%; Score 886; Length 175;
Best Local Similarity 99.4%;
Matches 174; Conservative 1; Mismatches 0; Indels 0; Gaps 0;
Qy 1 MTNTLVENIYASVTHNISKKEASKNEKTKAVLNQAVADLSVAASIVHQVHWYMRGPGFLY 60
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1 MTNTLVENIYASVTHNISKKEASKNEKTKAVLNQAVADLSVAASIVHQVHWYMRGPGFLY 60
Qy 61 LHPKMDELLDSLNANLDEVSERLITIGGAPYSTLAEFSKHSKLDEAKGTYDKTVAQHLAR 120
||||||||||||||||||:|||||||||||||||||||||||||||||||||||||||||
Db 61 LHPKMDELLDSLNANLDEMSERLITIGGAPYSTLAEFSKHSKLDEAKGTYDKTVAQHLAR 120
Qy 121 LVEVYLYLSSLYQVGLDITDEEGDAGTNDLFTAAKTEAEKTIWMLQAERGQGPAL 175
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 121 LVEVYLYLSSLYQVGLDITDEEGDAGTNDLFTAAKTEAEKTIWMLQAERGQGPAL 175
SEQ ID NO: 15
RESULT 4
US-10-282-122A-74658
(NOTE: this sequence has 11 duplicates in the database searched.
See complete list at the end of this report)
Sequence 74658, US/10282122A
Publication No. US20040029129A1
GENERAL INFORMATION
APPLICANT: Wang, Liangsu
APPLICANT: Zamudio, Carlos
APPLICANT: Malone, Cheryl
APPLICANT: Haselbeck, Robert
APPLICANT: Ohlsen, Kari
APPLICANT: Zyskind, Judith
APPLICANT: Wall, Daniel
APPLICANT: Trawick, John
APPLICANT: Carr, Grant
APPLICANT: Yamamoto, Robert
APPLICANT: Forsyth, R.
APPLICANT: Xu, H.
TITLE OF INVENTION: Identification of Essential Genes in Microorganisms
FILE REFERENCE: ELITRA.034A
CURRENT APPLICATION NUMBER: US/10/282,122A
CURRENT FILING DATE: 2003-02-20
PRIOR APPLICATION NUMBER: 60/191,078
PRIOR FILING DATE: 2000-03-21
PRIOR APPLICATION NUMBER: 60/206,848
PRIOR FILING DATE: 2000-05-23
PRIOR APPLICATION NUMBER: 60/207,727
PRIOR FILING DATE: 2000-05-26
PRIOR APPLICATION NUMBER: 60/230,335
PRIOR FILING DATE: 2000-09-06
PRIOR APPLICATION NUMBER: 60/230,347
PRIOR FILING DATE: 2000-09-09
PRIOR APPLICATION NUMBER: 60/242,578
PRIOR FILING DATE: 2000-10-23
PRIOR APPLICATION NUMBER: 60/253,625
PRIOR FILING DATE: 2000-11-27
PRIOR APPLICATION NUMBER: 60/257,931
PRIOR FILING DATE: 2000-12-22
PRIOR APPLICATION NUMBER: 60/267,636
PRIOR FILING DATE: 2001-02-09
PRIOR APPLICATION NUMBER: 60/269,308
PRIOR FILING DATE: 2001-02-16
Remaining Prior Application data removed - See File Wrapper or PALM.
NUMBER OF SEQ ID NOS: 78614
SEQ ID NO 74658
LENGTH: 175
TYPE: PRT
ORGANISM: Streptococcus pyogenes
Query Match 100.0%; Score 124; Length 175;
Best Local Similarity 100.0%;
Matches 25; Conservative 0; Mismatches 0; Indels 0; Gaps 0;
Qy 1 MTNTLVENIYASVTHNISKKEASKN 25
|||||||||||||||||||||||||
Db 1 MTNTLVENIYASVTHNISKKEASKN 25
Conclusion
10. No claims are allowed.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHATOL S SHAHNAN SHAH whose telephone number is (571)272-0863. The examiner can normally be reached on Mon-Tue, Thurs-Fri 12pm-8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel E. Kolker can be reached on (571) 272 -0857. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KHATOL SHAHNAN -SHAH/
Examiner, Art Unit 1645
January 9, 2026
/JANA A HINES/Primary Examiner, Art Unit 1645