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
Priority
This application is the U.S. National Stage of PCT/EP2021/078868 with international filing date of October 19, 2021, which published as WO 2022/096254 on May 12, 2022, and which claims priority to German Patent Application No. 10 2020 128 879.4 with filing date of November 3, 2020 that is hereby acknowledged by the Examiner.
Status of the Claims
The amendment dated 05/01/2023 is acknowledged. Claims 1-15 are pending and under examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/04/2023 and 01/09/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the Examiner.
Claim Objections
Claims 1, 3 and 6-8 are objected to for the following informalities:
Claims 1, 3 and 6-8 recite “promotors”. The term should be spelled “promoters”.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-5 and 7-15 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Regarding claims 1 and 7, a nucleic acid or polypeptide molecules “at least 50 % of which is identical” to another recited molecule, it is unclear whether the molecules as a whole have at least 50% sequence identity as determined by conventional sequence comparison algorithms (for example, BLAST). Alternatively, it is unclear whether 50% of the molecule is supposed to be identical to the reference, while the other half share no identity. Therefore, it is unclear which nucleic acid or polypeptide molecules falls within the claimed range. The metes and bounds are not clear.
Dependent claims 2-5 and 8-15 are included in this rejection for their failure to correct the deficiency above.
The following is a quotation 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.
Claims 1-15 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
The claims are directed to (instant claim1) a method for reducing the population of at least one intestinal and/or gastrointestinal species of bacteria, the method comprising the following steps:
a) providing a biological sample containing bacteria of at least one intestinal and/or gastrointestinal species of bacteria, the intestinal and/or gastrointestinal species of bacteria directly or indirectly influencing a psychological, neurodegenerative and/or neurological illness and/or disorder of a host organism; and
b) providing bacteriophages of at least one species of bacteriophages that are specific to the intestinal and/or gastrointestinal species of bacteria and that comprise at least one nucleic acid functionally associated with a promotor and/or a regulatory element, the nucleic acid being selected from the group comprising:
i. a nucleic acid sequence coding for at least one antibacterial nucleic acid molecule; and
ii. a nucleic acid sequence encoding a nucleic acid molecule that is identical to the nucleic acid molecule encoded by the nucleic acid sequences from i) by at least 50 %; and
iii. a nucleic acid sequence coding for at least one antibacterial polypeptide; and
iv. a nucleic acid sequence encoding a polypeptide that is identical to the polypeptide encoded by the nucleic acid sequences from iii) by at least 50 %; and
v. a nucleic acid sequence for a fragment of a nucleic acid from i), ii), iii) or iv), the fragment encoding a nucleic acid molecule or a polypeptide; and
c) contacting and incubating the biological sample with the bacteriophages, the incubation continuing until the population of the intestinal and/or gastrointestinal species of bacteria has been reduced by at least 70 %; and (instant claim 7) a bacteriophage comprising at least one nucleic acid functionally associated with a promotor and/or a regulatory element, the bacteriophage being specific to at least one intestinal and/or gastrointestinal species of bacteria, the intestinal and/or gastrointestinal species of bacteria directly or indirectly influencing a psychological, neurodegenerative and/or neurological illness and/or disorder of a host organism, and the nucleic acid being selected from the group comprising: a) a nucleic acid sequence coding for at least one antibacterial nucleic acid molecule; and b) a nucleic acid sequence encoding a nucleic acid molecule that is identical to the nucleic acid molecule encoded by the nucleic acid sequences from a) by at least 50 %; and c) a nucleic acid sequence coding for at least one antibacterial polypeptide; and d) a nucleic acid sequence encoding a polypeptide that is identical to the polypeptide encoded by the nucleic acid sequences from c) by at least 50 %; and e) a nucleic acid sequence for a fragment of a nucleic acid from a), b), c) or d), the fragment encoding a nucleic acid molecule or a polypeptide.
To provide adequate written description and evidence of possession of a claimed genus, the specification must provide sufficient distinguishing identifying characteristics of the genus. The factors to be considered include disclosure of complete or partial structure, physical and/or chemical properties, functional characteristics, structure/function correlation, methods of making the claimed product, or any combination thereof.
The grounds for the written description rejection are as follows: (1) The claims are broad in encompassing a broad range of variants, moreover, that are 50% identical to, or a fragment of, the broad range of antibacterial nucleic acid molecules or polypeptides. For example, the Specification as cited above lists: Actinobacteria, Actinomyces, Bacteroides,......”. However, it is commonly known that Actinobacteria is a phylum characterized by a high diversity, encompassing numerous species with diverse ecological roles in marine, soil, and host environments; Actinomyces is a genus within the phylum Actinobacteria, with 41 species identified, primarily inhabiting the mouth, colon, and urogenital tract of humans.
The bacteriophage that is capable of targeting the broad scope of bacteria. It is known in the art that the interaction between a bacteriophage and its bacterial host is specific. This is primarily due to the unique molecular interactions at the initial attachment stage where the phage's receptor binding proteins (RBPs) bind to specific receptors on the bacterial surface. This high specificity means a single phage type typically infects only a narrow range of bacterial species or even specific strains within a species, a trait crucial for applications like phage therapy. For example, Hatfull teaches a huge number of isolated actinobacteriophages, of which 3,055 are fully sequenced and their bacterial host strains span 14 genera, 70 species, and 110 individual strains. Hatfull further teaches that in general, the host ranges of these phages are narrow and typically do not extend to other host genera and commonly do not extend to other species within a genus (Hatfull, Annual review of virology 7 (2020): 37-61; at p. 3, “Bacterial Hosts and Host Ranges”). Moreover, the claims are broad in encompassing a broad range of variants that are 50% identical to, or a fragment of, the broad range of antibacterial nucleic acid molecules or polypeptides. The sequence of these molecules can deviate by 50% or be present only as a fragment; there are no functional restrictions of these derivatives. The field of biological methods using genetic recombination is unpredictable, and success often requires actual testing rather than just theoretical considerations. The application's description does not specifically detail the production of the bacteriophage or demonstrate its ability to reduce intestinal and/or gastrointestinal species of bacteria. For example, Lobocka (2021) teaches that although it is generally believed that environmental phage population is so numerous and diversified that there exists a phage for each and every bacterial strain, however, to be considered for therapeutic applications, natural phage isolates must meet certain criteria. For obvious reasons the choice is limited to phages that are obligatorily lytic to kill every infected bacterium, do not transfer bacterial DNA, and do not encode any toxins, virulence factors, or antibiotic resistance determinants. Additionally, each phage for therapy should be well characterized at the genomic and proteomic level, as well as at the level of interaction with its host(s) and the host’s host. It should efficiently lyse the target bacteria, have the widest possible strain range within a pathogenic species, be sufficiently stable under storage conditions and at the sites of infection by the bacteria, be able to overcome at least some bacterial phage-resistance mechanisms, and cause no undesired immune reactions. Lobocka teaches that although hundreds of phages targeting bacterial pathogens have been isolated, none of them fulfills all these criteria, and in fact, none has been characterized with respect to all of them. This testifies the complexity and lack of description of a bacteriophage suitable for the claimed purpose. (Lobocka, BioDrugs 35.3 (2021): 255-280. P. 257).
As such, Applicant merely described a concept of a bacteriophage without providing any necessary structural and identifiable features. The specification does not contain a written description of the invention in such a way that one of ordinary skill in the art could conclude that the inventor was in possession of the claimed invention at the time of filing. Accordingly, in the absence of sufficient recitation of distinguishing identifying characteristics, the specification does not provide adequate written description of the claimed genus. Therefore, based on the lack of specific examples, the unpredictable nature of the technology, and the failure to demonstrate possession of the claimed invention, the written description is insufficient under 35 U.S.C. 112(a).
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.
(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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Theriault (WO2019140534).
The claims are directed to a method for reducing the population of at least one intestinal and/or gastrointestinal species of bacteria, the method comprising the following steps:
a) providing a biological sample containing bacteria of at least one intestinal and/or gastrointestinal species of bacteria, the intestinal and/or gastrointestinal species of bacteria directly or indirectly influencing a psychological, neurodegenerative and/or neurological illness and/or disorder of a host organism; and
b) providing bacteriophages of at least one species of bacteriophages that are specific to the intestinal and/or gastrointestinal species of bacteria and that comprise at least one nucleic acid functionally associated with a promotor and/or a regulatory element, the nucleic acid being selected from the group comprising:
i. a nucleic acid sequence coding for at least one antibacterial nucleic acid molecule; and
ii. a nucleic acid sequence encoding a nucleic acid molecule that is identical to the nucleic acid molecule encoded by the nucleic acid sequences from i) by at least 50 %; and
iii. a nucleic acid sequence coding for at least one antibacterial polypeptide; and
iv. a nucleic acid sequence encoding a polypeptide that is identical to the polypeptide encoded by the nucleic acid sequences from iii) by at least 50 %; and
v. a nucleic acid sequence for a fragment of a nucleic acid from i), ii), iii) or iv), the fragment encoding a nucleic acid molecule or a polypeptide; and
c) contacting and incubating the biological sample with the bacteriophages, the incubation continuing until the population of the intestinal and/or gastrointestinal species of bacteria has been reduced by at least 70%.
Regarding claims 1-2 and 7, Theriault discloses a method of engineering bacteriophages comprising: identifying a bacteriophage with only one attachment gene; isolating said bacteriophage; removing said attachment gene from the genome of said bacteriophage; and inserting a non-natural attachment gene into the genome of said bacteriophage wherein said non-natural attachment gene is specific for attaching to a selected bacteria. There is also disclosed a mutant bacteriophage comprising a heterologous nucleic acid sequence encoding a first specific attachment gene, the first specific attachment gene being different than an inactivated attachment gene and being specific for a selected bacteria. In another embodiment, there is disclosed a method of eliminating a microbial contaminant, the method comprising: obtaining one or more lytic enzymes produced by a mutant bacteriophage; applying the one or more lytic enzymes to a bacterial contaminant, without prior infection of the bacterial contaminant with a bacteriophage, to eliminate the bacterial contaminant (i.e. reduced by at least 70%) (Abstract) (instant claims 1-2 and 7). Theriault discloses genetically modified bacteriophages as well as gene products derived from bacteriophages use to treat and or remove bacterial infections utilizing bacteriophages ((instant claims 1-2 and 7).
Regarding claims 3 and 8, Theriault discloses a nucleic acid that has two or more promoters and/or regulatory elements and/or wherein the nucleic acid encodes nucleic acid sequences for two or more nucleic acid molecules, polypeptides and/or fragments thereof (page 16 lines 15-25, claim 1 of Theriault).
Regarding claims 4 and 9, Theriault discloses wherein the bacteria is Clostridium, Escherichia (Example 12); and Enterobacter and Enterococcus (page 13 lines 1-26).
Regarding claims 5, 10 and 14, Theriault discloses genetically modified bacteriophages can be used for treatment of bacterial infections in humans to treat and or remove bacterial infections (page 2 lines 31-36 and Example 12), thus, the bacteria listed by Theriault encompasses the same bacteria disclosed in the instant claims for neurological illnesses and/or disorders.
Regarding claim 6, Theriault discloses instructions and provides materials as to generating the phages in compositions for corresponding medical use (i.e. a kit) (Examples 1-8).
Regarding claims 11-13, Theriault discloses embodiments comprising at least one other ingredient for use as a drug for treating a bacterial infection (page 10 entirety, e.g. lytic enzymes).
Regarding claim 15, Theriault discloses embodiments of phages comprising Esherichia coli., Clostridium perfringens species (Example 12) and Enterobacter (page 13 lines 1-19) for treatment of bacterial infections in humans (page 2 lines 27-36), whereby said infections are causes of infection of the blood, gastrointestinal tract and skin.
Therefore, the cited prior art anticipates the claimed invention.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 and 7-18 of copending application no. 17/795327. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are coextensive in scope and species with one another. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The claims of the present invention are directed to a method for reducing the population of at least one intestinal and/or gastrointestinal species of bacteria.
The co-pending claims are directed to
1. A method for reducing the population of at least one adipogenic bacteria species, the method comprising the following steps: a) providing a biologic sample which comprises bacteria of at least one adipogenic bacteria species; and b) providing bacteriophages of at least one bacteriophage species which are specific to at least one adipogenic bacteria species and which comprise at least one nucleic acid functionally bound to a promoter and/or to a regulatory element, the nucleic acid being chosen from among the group of: i. a nucleic acid sequence which codes for at least one antibacterial nucleic acid molecule; and ii. a nucleic acid sequence which codes a nucleic acid molecule, at least 50 % of which is identical with the nucleic acid molecule coded by the nucleic acid sequences coded in i.; and iil. a nucleic acid sequence which codes for at least one antibacterial polypeptide; and iv. a nucleic acid sequence which codes a polypeptide, at least 50 % of which is identical with a polypeptide coded by the nucleic acid sequences in 1it.; and V. a nucleic acid sequence for a fragment of a nucleic acid from i, ii, iii, iv, the fragment coding a nucleic acid molecule or a polypeptide; and exposing the biologic sample to and incubating it with the bacteriophages, incubation taking place until the population of the adiopogenic bacteria species has been reduced by at least 70 % (instant claim 1).
2. The method according to claim 1, wherein subsequently to step c), the reduction of the population of the adipogenic bacteria species is evaluated (instant claim 2).
3. The method according to claim 1, wherein the nucleic acid has two or more promoters and/or regulatory elements (instant claim 3).
4. The method according to claim 1, wherein the nucleic acid codes nucleic acid sequences for two or more nucleic acid molecules, polypeptides and/or fragments of the same (instant claim 3).
5. The method according to claim 1, wherein the adipogenic bacteria species is anaerobic and/or aerobic and wherein the bacteria species is attributable to the strain Actinobacteria, Bacteroidetes, Firmicutes or Proteobacteria (instant claim 4).
7. A bacteriophage comprising at least one non-naturally occurring nucleic acid functionally bound to a promoter and/or a regulatory element, the bacteriophage being specific to at least one adipogenic group of bacteria and the nucleic acid being chosen from among the group of:
a) anon-naturally occurring nucleic acid sequence which codes for at least one antibacterial nucleic acid molecule; and
b) anon-naturally occurring nucleic acid sequence which codes a nucleic acid molecule, at least 50 % of which is identical with the nucleic acid molecule coded by the nucleic acid sequences from a); and
c) anon-naturally occurring nucleic acid sequence which codes for at least one antibacterial polypeptide; and
d) anon-naturally occurring nucleic acid sequence which codes a polypeptide, at least 50 % of which is identical with a polypeptide coded by the nucleic acid sequence from c); and
e) anon-naturally occurring nucleic acid sequence for a fragment of a nucleic acid from a), b), c) or d), the fragment coding a nucleic acid molecule or a polypeptide (instant claim 7).
8. The bacteriophage according to claim 7, wherein the non-naturally occurring nucleic acid has two or more promoters and/or regulatory elements (instant claim 8).
9. The bacteriophage according to claim 7, wherein the non-naturally occurring nucleic acid codes nucleic acid sequences for two or more nucleic acid molecules, polypeptides and/or fragments of the same (instant claim 8).
10. The bacteriophage according to claim 7, wherein the adipogenic bacteria species is anaerobic and/or aerobic and wherein the bacteria species is attributable to the strain Actinobacteria, Bacteroidetes, Firmicutes or Proteobacteria (instant claim 9).
11. The bacteriophages according to claim 7 for use in medication to change the intestinal flora, in medication for achieving and/or maintaining weight reduction, in medication for preventing weight gain and/or in medication for treating overweight, obesity, a metabolic disorder, cardiovascular disease, a bacterial infection, a metabolic disease, metabolic syndrome and/or cancer (instant claims 5, 10, e.g. to tumor, stroke, metabolic syndrome; instant claim 11).
12. The bacteriophages according to claim 7 for use in treating overweight, obesity, metabolic disorder, cardiovascular disease, bacterial infection, metabolic disease, metabolic syndrome and/or cancer (instant claim 11).
13. The bacteriophages according to claim 7 for use in a therapeutic method or in a non-therapeutic method to change the composition of the intestinal flora, in a therapeutic method and/or in a non-therapeutic method for achieving and/or maintaining weight loss, in a therapeutic method or in a non-therapeutic method for preventing weight gain and/or in a therapeutic method and/or in a non-therapeutic method for treating overweight, obesity, metabolic disorder, cardiovascular disease, bacterial infection, metabolic disease, metabolic syndrome and/or cancer (instant claim 12).
14. The bacteriophages and/or pharmaceutical composition according to claim 11, wherein the bacterial infection is a bacterial infection of the airways, the teeth, the mouth, the jaw, the eye, the musculoskeletal system, the blood, the gastrointestinal tract, the skin, the cardiovascular system, the hormonal balance, the psyche, the immune system, the nervous system, the metabolism, wounds and/or the urogenital tract (instant claim 15).
15. A pharmaceutical composition comprising bacteriophages according to claim 7 and at least one other component for use in medication to change the intestinal flora, in medication for achieving and/or maintaining weight reduction, in medication for preventing weight gain and/or in medication for treating overweight, obesity, a metabolic disorder, cardiovascular disease, a bacterial infection, a metabolic disease, metabolic syndrome and/or cancer (instant claim 14).
16. A pharmaceutical composition comprising bacteriophages according to claim 7 and at least one other component for use in treating overweight, obesity, metabolic disorder, cardiovascular disease, bacterial infection, metabolic disease, metabolic syndrome and/or cancer (instant claim 13).
17. A pharmaceutical composition comprising bacteriophages according claim 7 and at least one other component for use in a therapeutic method or in a non-therapeutic method to change the composition of the intestinal flora, in a therapeutic method and/or in a non-therapeutic method for achieving and/or maintaining weight loss, in a therapeutic method or in a non-therapeutic method for preventing weight gain and/or in a therapeutic method and/or in a non-therapeutic method for treating overweight, obesity, metabolic disorder, cardiovascular disease, bacterial infection, metabolic disease, metabolic syndrome and/or cancer (instant claim 13).
18. A kit comprising:
a) a container comprising the bacteriophages of claim 7; and b) instructions for implementing a method for reducing the population of at least one adipogenic bacteria species (instant claim 6).
There is no patentable difference between the claimed method and compositions and the copending claims in that the copending application no. 17/795,327 discloses a) providing a biological sample containing bacteria of at least one intestinal and/or gastrointestinal species of bacteria, the intestinal and/or gastrointestinal species of bacteria directly or indirectly influencing a psychological, neurodegenerative and/or neurological illness and/or disorder of a host organism; and
b) providing bacteriophages of at least one species of bacteriophages that are specific to the intestinal and/or gastrointestinal species of bacteria and that comprise at least one nucleic acid functionally associated with a promotor and/or a regulatory element, the nucleic acid being selected from the group comprising:
i. a nucleic acid sequence coding for at least one antibacterial nucleic acid molecule; and
ii. a nucleic acid sequence encoding a nucleic acid molecule that is identical to the nucleic acid molecule encoded by the nucleic acid sequences from i) by at least 50 %; and
iii. a nucleic acid sequence coding for at least one antibacterial polypeptide; and
iv. a nucleic acid sequence encoding a polypeptide that is identical to the polypeptide encoded by the nucleic acid sequences from ii1) by at least 50 %; and
v. a nucleic acid sequence for a fragment of a nucleic acid from i), ii), iii) or iv), the fragment encoding a nucleic acid molecule or a polypeptide; and
c) contacting and incubating the biological sample with the bacteriophages, the incubation continuing until the population of the intestinal and/or gastrointestinal species of bacteria.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are coextensive in scope and species with one another as it comprises bacteriophages and bacteria as well as bacteria variants/fragments that are coextensive in scope and species. Moreover, The MPEP states “where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Barry Chestnut whose telephone number is (571)270-3546. The examiner can normally be reached on M-Th 8:00 to 4:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Visone can be reached on 571-270-0684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BARRY A CHESTNUT/Primary Examiner, Art Unit 1672