Notice 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
This Non-Final Office Action is responsive to the communication received 02/19/2026.
Election/Restrictions
Applicant’s election without traverse in the Reply filed on 02/19/2026 of Group I, claims 1-18 is acknowledged.
Applicant has elected without traverse in the Reply filed on 02/19/2026 the following species:
A. the viruses of at least two different serotypes from a first species of double-stranded DNA virus are cultured together on a plurality of cell lines, wherein the plurality of cell lines are cultured separately (claims 2 and 6)
The Restriction/Election Requirements are deemed proper and are made FINAL.
Claims 1-20 are pending.
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 02/19/2026.
Claims 1-18 are under examination in this Office Action.
Claim Rejections - 35 USC § 102
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.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Punnonel et al. (01/04/2001) PCT International Patent Application Publication WO 01/00234 A2 cited in the 2/23/2023 IDS (hereinafter known as "Punnonen").
With regards to claims 1-18, Punnonel teaches:
a) as in claims 1-18, a process for producing a library of viruses, the process comprising: (a) a first culturing step, comprising culturing together, on one or more cell lines, viruses of at least two different serotypes from a first species of double-stranded DNA virus, and (b) combining (i) viruses obtained from Step (a), with (ii) viruses of at least two different serotypes of the same species from each of one or more further species of double-stranded DNA viruses, wherein the first species of double-stranded DNA virus and each further species of double-stranded DNA virus are all different species in the same family or same genus of double-stranded DNA viruses; to produce a library of viruses; wherein in Step (a), the viruses of at least two different serotypes from a first species of double-stranded DNA virus are cultured together on a plurality of cell lines, wherein the plurality of cell lines are cultured separately; wherein, in Step (b)(ii), for each species of the one or more further species of double-stranded DNA virus, the viruses of different serotypes from that species are ones that have previously been cultured together, wherein viruses of different species were previously cultured independently; wherein Steps (a) and (b) comprise: (a) a first culturing step, comprising (i) culturing together, on one or more cell lines, viruses of at least two different serotypes from a first species of double-stranded DNA virus; and (ii) culturing, on one or more cell lines, viruses of at least two different serotypes of the same species from each of one or more further species of double-stranded DNA viruses, wherein, for each species of double-stranded DNA virus, viruses of different serotypes of the same species are cultured together, and viruses of different species are cultured independently; and (b) combining (i) viruses from Step (a)(i), and (ii) viruses from Step (a)(ii); wherein: Step (b) additionally comprises combining viruses from (i) and (ii) with viruses from: (iii) the first species of double-stranded DNA virus; wherein in Step (c), the viruses of the first species and each further species are cultured together on a plurality of cell lines, wherein the plurality of cell lines are cultured separately; wherein the plurality of cell lines are cultured together; wherein Step (d) additionally comprises combining viruses or portions thereof obtained after Step (c) with viruses from the first species of double-stranded DNA virus; wherein the viruses are subjected to mutagenesis before Step (a); wherein the double-stranded DNA virus is Herpesviridae; wherein the Adenoviridae are species of human adenovirus AdB; wherein; (i) a species is AdB and the serotype is Ad3; wherein the family of double-stranded DNA virus is Herpesviridae; wherein at least 3, 4, 5, 6, 7, 8, 9, 10 or more different serotypes from a first species are cultured together in Step (a); and/or at least 3, 4, 5, 6, 7, 8, 9, 10 or more different serotypes from one or more further species are combined in Step (b); wherein the number of the one or more further species of double-stranded DNA viruses is 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 or more further species wherein the one or more cell lines are cancer cell line A549; wherein: (i) a species is AdB; wherein the viruses are passaged 4-6 times, each after 3-7 days, in the first and/or second culturing step; wherein the viruses are passaged 2-6 times, each after 2-6 days, in the first and/or second culturing step (see pages 68 to 99).
Thus, Punnonel anticipates the present claims.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Christian Boesen whose telephone number is 571-270-1321. The Examiner can normally be reached on Monday-Friday 9:00 AM to 5:00 PM.
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/CHRISTIAN C BOESEN/Primary Examiner, Art Unit 1684
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