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 .
Election/Restrictions
Applicant’s election of Group I, claims 1 – 5, 7 – 10, 14 and 16 in the reply filed on August 18, 20025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1 – 5, 7 – 10, 14, 16, 19, 22, 36 – 38, 43, 52, 54 – 55 are pending; claims 19, 22, 36 – 38, 43, 52 and 54 – 55 are withdrawn; claims 1 – 5, 7 – 10, 14 and 16 have been considered on the merits.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 7, 2023 and August 18, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
On pages 2, 5 and 6, “mrADAMST13” is spelled incorrectly.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: “mrADAMST13” is spelled incorrectly. Appropriate correction is required.
Claim Rejections - 35 USC § 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 (i.e., changing from AIA to pre-AIA ) 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.
(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.
(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.
Claims 1 – 3, 9 – 10, 14 and 16 are rejected under 35 U.S.C. 102a1 and 102a2 as being anticipated by Bare et al. (US 2012/0108651) OR Bancel et al. (US 8999380).
Regarding claims 1 – 3, Bare teaches a polypeptide comprising at least 95% of SEQ ID NO:7 (search result 8, SEQ ID 125, 95.1% match); while Bancel teaches a polypeptide comprising at least 95% of SEQ ID NO:7 (search result 1, SEQ ID 780, 95.1% match). These sequences match at least 90%, 92% and 95% and are not SEQ ID NO:5 as disclosed by the specification.
Regarding claims 9 – 10, 14 and 16, Bare teaches the polypeptide is recombinant, nucleic acids encoding the polypeptide, vectors comprising the nucleic acid and cells comprising the polypeptide (0039, 0043, p.15); while Bancel teaches the polypeptide is recombinant, nucleic acids encoding the polypeptide, vectors comprising the nucleic acid and cells comprising the polypeptide (col.13 – 14).
The references anticipate the claimed subject matter.
Allowable Subject Matter
Claims 4 – 5 and 7 – 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUTH A DAVIS whose telephone number is (571)272-0915. The examiner can normally be reached Monday - Friday (8am - 4pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fereydoun Sajjadi can be reached at 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUTH A DAVIS/Primary Examiner, Art Unit 1699
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