DETAILED ACTION
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 .
Application Status
The Amendments and Remarks filed 08 February 2026 in response to the Office Action 20 October 2025 are acknowledged and have been entered. Claims 1, 6-8, 13, and 30-32 are amended. Claims 2-5, 12, and 17-29 have been cancelled. Claims 1, 6-11, 14, 16, and 30-34 are pending and being examined on the merits.
Any rejections or objections not reiterated herein have been overcome by applicant’s claim amendments.
This office action contains a new rejection necessitated by applicant’s claim amendments.
Priority
This application is a 371 PCT of IB2021/058282 filed 08/12/2021 which claims priority to application 63079164 filed 9/16/2020.
Claim Objections
Claims 1 and 30 are objected to because of the following informalities: The claims recites “wherein said gene is a truncated transcription factor encoded by SEO ID No: 1”. This phrase is inconsistent in that a gene is not a transcription factor; however upon review of the claims and the specification, applicants intended to recite that the gene encodes a truncated transcription factor encoded by SEQ ID NO: 1. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 14-15 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 14, the limitation that the strain comprises a mutated phosphorylation domain is not a “further” limitation of the bacterium of claim 1. Claim 1 is limited to a bacterium comprising a truncated transcription factor encoded by SEQ ID NO:1. The specification teaches that SEQ ID NO: 1 is the nucleic acid sequence of spo0A in ASM#19 [0015]. The specification teaches that in ASM#l9, there was a single nucleotide change at position 475 from a cytosine to a thymine [0075]. There is no further mention of a mutated phosphorylated domain in SEQ ID NO: 1; therefore, the asporogenous strain of claim 1 does not comprises a mutated phosphorylation domain.
Regarding claim 15, the claim requires that the bacterium of claim 14 be encoded by SEQ ID NO: 3 and depends from claims 14 and 1. Claim 1 is limited to a bacterium comprising a truncated transcription factor encoded by SEQ ID NO:1. The specification teaches that SEQ ID NO: 1 is the nucleic acid sequence of spo0A in ASM#19 [0015]. The specification teaches that in ASM#l9, there was a single nucleotide change at position 475 from a cytosine to a thymine [0075]. SEQ ID NO: 3 does not comprise a single nucleotide change at position 475 from a cytosine to a thymine, and only comprises a C110A mutation, within the phosphorylation domain.
Therefore claims 14 and 15 fails to include all the limitations of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is Blanchard as discussed above. Blanchard not the prior art teaches SEQ ID NO: 1, inducing cytosine to thymine mutation and resulting in truncated transcription factor encoded by SEQ ID NO: 1 or mutated protein, encoded by SEQ ID NO: 3.
Conclusion
Claims 1, 6-11, 13, 16 and 30-34 are 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIFFANY N GROOMS whose telephone number is (571)272-3771. The examiner can normally be reached M-F 830-530.
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/TIFFANY NICOLE GROOMS/Examiner, Art Unit 1637
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