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
Applicant’s amendments to the claims filed May 8, 2023 are acknowledged. Claims 1-6, 17-18, and 29-30 were cancelled, and claims 9-11, 13, 15-16, 21-23, 25, and 27-28 were amended. Claims 7-16, and 19-28 are pending and under examination hereinafter.
Priority
Applicant’s priority claims to Application Nos. 63/111,916 and PCT/US2021/058699 are acknowledged. Claims 7-16, and 19-28 find support in Application No. 63/111,916. The effective filing date of all claims currently under examination is November 11, 2020, accordingly.
Specification
The specification is objected to because of the following informalities:
Tables 12-13 (pgs. 42-43) have illegible, low-resolution text. 37 CFR 1.58(b) states that “tables must be presented in compliance with § 1.52(a)” which requires that papers be “(1)(v) Presented in a form having sufficient clarity and contrast between the paper and the writing thereon to permit the direct reproduction of readily legible copies in any number by use of photographic, electrostatic, photo-offset, and microfilming processes and electronic capture by use of digital imaging and optical character recognition.” In the instant case, Tables 12-13 as presented in the specification are insufficient to permit direct reproduction of readily legible copies.
Appropriate correction is required.
Claim Objections
Claims 16 and 28 are objected to because of the following informalities:
Claims 16 and 28 recite “said nucleic acid encoding a Kir6.2-E23 polypeptide.” It would be preferable to amend the phrase to recite “said nucleic acid encoding said[[a]] Kir6.2-E23 polypeptide,” so that the terminology is consistent throughout the claims.
Appropriate correction is required.
Notice to Joint Inventors
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim Rejections - 35 USC § 103 – Kane, Reyes, Gabisonia, GenBank1, and GenBank2
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.
Claims 7-14, 16, 19-26, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Kane (Kane et al., 2006, Human Molecular Genetics, Vol. 15, No. 15, pg. 2285-2297), Reyes (Reyes et al., 2008, Human Genetics, 123:665-667), Gabisonia (Gabisonia and Recchia, 2018, Current Heart Failure Reports, 15:340-349), GenBank1 (“Homo sapiens potassium inwardly-rectifying channel, subfamily J, member 11, mRNA (cDNA clone MGC:133230 IMAGE:40032947), complete cds,” GenBank: BC112358.1, available 21 Jan 2006) and GenBank2 (“Mus musculus potassium inwardly rectifying channel, subfamily J, member 11 (Kcnj11), transcript variant 1, mRNA,” GenBank: NM_010602.3, available 6 July 2019).
Claim 7 recites “treating a mammal at risk of developing heart failure.” Claim 19 recites “treating a mammal having heart failure.” The specification does not explicitly define “treating,” but states that the methods “can be used to slow, delay, or reverse heart failure (e.g., slow, delay, or reverse the development of heart failure) in a mammal (e.g., a human having, or at risk of developing heart failure based, at least in part, on the presence of a mutation (e.g., c.67G>A single nucleotide variant) in both copies of a KCNJ11 gene present in the human)” (pg. 25, lines 27-31). Accordingly, claim 7 is interpreted as a method of slowing or delaying onset of heart failure in a mammal which does not yet have heart failure, but is at risk of having heart failure, e.g., due to hypertension, coronary artery disease, presence of a particular genetic variant, etc. Claim 19 is interpreted as a method of slowing, delaying, or reversing one or more symptoms of heart failure in a mammal which has heart failure.
Regarding claims 7 and 19, Kane teaches that heart failure is a “growing epidemic, with systemic hypertension a major risk factor for development of disease” (Abstract). Kane demonstrates that “knockout of the KCNJ11 gene, encoding [] Kir6.2” in a mammalian model of hypertension “predispose[s] to heart failure and death” (Abstract, see also results in at least Fig. 1-2). Kane teaches that their analysis demonstrates that “loss of channel function renders the heart vulnerable to heart failure,” and “presents KATP channel dysfunction as a novel channelopathy in heart failure” (pg. 2293, right col.). Kane concludes that “intact KCNJ11-encoded KATP channel is thus a required safety element preventing hypertension-induced heart failure” (Abstract). Kane teaches that genetic variants of KCNJ11 have been identified in population-based studies, but states that an association between mutations in KCNJ11 and cardiac disease had not been established at the time of publication, i.e., 2006 (pg. 2293, right col.).
Reyes examined the association between subjects homozygous for the c.67G>A variant of the KCNJ11 gene and cardiac disease using a “community-based cross-sectional cohort”(“A common single nucleotide polymorphism (67G>A) in human KCNJ11 corresponds to glutamic acid or lysine at residue 23 of Kir6.2” pg. 665, right col.; “we explored the relationship between this KATP channel polymorphism and subclinical heart disease in the community,” pg. 665, right col.; Table 1; pg. 666, left col.). Reyes teaches the c.67G>A variant of the KCNJ11 gene impairs KATP channel function (pg. 665, right col.). Reyes teaches that the “KK genotype,” i.e., homozygosity for the c.67G>A variant of the KCNJ11 gene, “was associated with greater left ventricular size among subjects with increased stress load due to hypertension” (Abstract; Fig. 1; “synergistic effect on LV size of KK genotype and LV mass, a marker of chronic cardiac stress load (Fig. 1), further validated the impact of Kir6.2 E23K on cardiac structure in hypertension,” pg. 666, right col.). Importantly, Reyes’ observations in hypertensive KK genotype subjects, and Kane’s observations in Kir6.2-KO mammals with respect to key predictors of heart failure are similar; both exhibit increases in left ventricular size and mass (see Kane, Fig. 3, “[h]ypertension is the most common risk factor for congestive heart failure, and LV enlargement is an established precursor of symptomatic ventricular dysfunction,” pg. 666, right col.; Reyes, Fig. 1, “[u]nderlying the pathogenesis of the heart failure syndrome is an extensive ventricular remodeling… in hypertension, the magnitude of left ventricular mass increase is a predictor of long-term prognosis and of the rate of decompensation to heart failure,” pg. 2287).
Based on Kane and Reyes, the skilled artisan would conclude that subjects homozygous for the c.67G>A variant of the KCNJ11 gene will have impaired KCNJ11-encoded KATP channel function, resulting in ventricular remodeling underlying the pathogenesis of heart failure. Kane teaches an “intact KCNJ11-encoded KATP channel is [] a required safety element preventing hypertension-induced heart failure.” Indeed, Kane demonstrates that treatment of Kir6.2-KO mammals with a pharmacological agent which bypasses dysfunctional KATP channel activity reverses ventricular remodeling, averts heart failure, and decreases mortality (Fig. 7; pg. 2290-2292). Thus, the skilled artisan would have been motivated to design treatment modalities which restore intact KCNJ11-encoded KATP channels for KK genotype subjects at risk of or with heart failure. However, neither Kane nor Reyes teach or suggest administering to cardiac cells of mammalian subject a nucleic acid encoding a Kir6.2-E23 polypeptide, which is interpreted as a nucleic acid encoding a Kir6.2 polypeptide comprising a glutamic acid at residue 23 (pg. 2, lines 1-3).
Gabisonia teaches that “[t]he difficulty of pharmacologically targeting receptors and intracellular pathways involved in the pathogenesis of HF led investigators, many years ago, to propose cardiac gene therapy” comprising “cell-directed delivery of exogenous genes (transgenes) [that] produce “curative proteins able to compensate for pathological downregulations or to counteract detrimental molecular processes” (pg. 340, right col.). Gabisonia teaches multiple gene therapy strategies in which transgenes have been delivered to cardiac cells of mammalian and human subjects with or at risk of having heart failure (“SERCA2a gene transfer to cardiac cells… successful tests in isolated human cardiomyocytes, murine, and porcine models, this strategy was finally translated to the clinics with… CUPID… the first clinical trial of cardiac gene therapy for HF,” pg. 341; “AC6 gene transfer by adenoviral vectors” to “a swine model of HF,” and “intracoronary delivery of AC6 carried by adenoviral vectors… in patients with symptomatic HF… [t]his intervention improved LV function more than the standard HF therapy,” pg. 343, left col.; “SDF-1 direct trans-endocardial delivery with the plasmid vector in 17 subjects with ischemic cardiomyopathy… the treatment is more specifically effective in patients with very depressed ejection fraction, which might represent the target population in subsequent trials,” pg. 343).
Gabisonia emphasizes throughout that the choice of the target gene and delivery vector are imperative to success of gene therapy methods (Abstract; pg. 340). Gabisonia teaches that this challenge is not unique, as other therapeutic approaches are also “plagued by similar problems,” and suggests that the field is activity overcoming these challenges by identifying “new molecular targets with remarkable curative potential,” and designing vectors with improved therapeutic profiles (Abstract; pg. 341, right col.; Conclusions). Gabisonia concludes that investigators in the area of heart failure gene therapy “should persist in their efforts” (Conclusions).
Finally, GenBank1 and GenBank2 teach nucleic acids encoding mammalian and human Kir6.2 polypeptides, respectively, wherein each comprises a glutamic acid at residue 23 (“/translation= “MLSRKGIIPEEYVLTRLAEDPAE…,” BC112358.1; “/translation = “MLSRKGIIPEEYVLTRLAEDPAE…,” NM_010602.3). Thus, nucleic acids encoding the recited polypeptide were also known in the art prior to the time of invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have administered a nucleic acid encoding a Kir6.2-E23 polypeptide to cardiac cells of a mammalian or human subject identified as having a c.67G>A nucleotide variant in both copies of a KCNJ11 gene, to thereby treat the subject at risk of or having heart failure. It would have amounted to administering a known nucleic acid encoding a wildtype polypeptide, to a subject homozygous for a known mutation, which predisposes to heart failure, in the gene encoding the polypeptide, by known means to yield predictable results.
Based on Kane and Reyes, the skilled artisan would conclude that subjects homozygous for the c.67G>A variant of the KCNJ11 gene (“KK genotype”) will have impaired KCNJ11-encoded KATP channel function, resulting in ventricular remodeling underlying the pathogenesis of heart failure. Kane teaches an “intact KCNJ11-encoded KATP channel is [] a required safety element preventing hypertension-induced heart failure,” and thus, the skilled artisan would be motivated to design treatment modalities which restore expression of an “intact KCNJ11-encoded KATP channel” in KK genotype subjects at risk of or having heart failure. Kane demonstrates that treatment of Kir6.2-KO mammals with a pharmacological agent which bypasses dysfunctional channel activity reverses ventricular remodeling, averts heart failure, and decreases mortality (Fig. 7; pg. 2290-2292). Kane’s study was published in 2006, which is well before the gene therapy strategies taught by Gabisonia. The skilled artisan would have recognized that a known nucleic acid encoding a wildtype Kir6.2 polypeptide, i.e., Kir6.2-E23 taught by GenBank1 or GenBank2, could be delivered to cardiac cells in vivo by means taught by Gabisonia. The skilled artisan would reasonably predict that such a method would restore expression of an “intact KCNJ11-encoded KATP channel” in the recipient cardiac cells (i.e., meeting the “wherein” limitations of the claims), and treat KK genotype subjects at risk of or having heart failure based on the successful examples of heart failure gene therapy taught by Gabisonia, and the success of Kane’s pharmacological treatment in Kir6.2-KO mammals.
Regarding claims 8 and 20, the methods rendered obvious above comprise a human subject.
Regarding claims 9 and 21, the methods rendered obvious above comprise cardiac cells.
Regarding claims 10 and 22, the Kir6.2-E23 polypeptide taught by GenBank1 is a human Kir6.2-E23 polypeptide.
Regarding claims 11-12, and 23-24, Gabisonia teaches gene therapy strategies in which nucleic acids are administered to cardiac cells in the form of a viral vector, including adeno-associated viral vectors and adenoviral vectors (“AAV,” pg. 341, 343, Conclusions; “adenoviral vectors,” pg. 343, left col.). The obviousness of administering a Kir6.2-E23 polypeptide taught by GenBank1 or GenBank2 to cardiac cells in a mammalian or human subject via a method taught by Gabisonia is described above in paragraph 12 and applied here.
Regarding claims 13-14, and 25-26, Gabisonia teaches gene therapy strategies in which nucleic acids are administered to cardiac cells in the form of a non-viral vector, including an expression plasmid (“plasmid DNA,” pg. 341, left col.; “plasmid vector,” pg. 343, right col.). The obviousness of administering a Kir6.2-E23 polypeptide taught by GenBank1 or GenBank2 to cardiac cells in a mammalian or human subject via a method taught by Gabisonia is described above in paragraph 12 and applied here.
Regarding claims 16 and 28, Gabisonia teaches gene therapy strategies in which nucleic acids are administered to cardiac cells via intracoronary injection (“intracoronary AAV1/SERCA2a,” pg. 341; “intracoronary infusion,” “intracoronary delivery,” pg. 341, 343). The obviousness of administering a Kir6.2-E23 polypeptide taught by GenBank1 or GenBank2 to cardiac cells in a mammalian or human subject via a method taught by Gabisonia is described above in paragraph 12 and applied here.
Claim Rejections - 35 USC § 103 – Kane, Reyes, Gabisonia, GenBank1 and GenBank2, in view of Tilemann
Claims 15 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Kane (Kane et al., 2006, Human Molecular Genetics, Vol. 15, No. 15, pg. 2285-2297), Reyes (Reyes et al., 2008, Human Genetics, 123:665-667), Gabisonia (Gabisonia and Recchia, 2018, Current Heart Failure Reports, 15:340-349), GenBank1 (“Homo sapiens potassium inwardly-rectifying channel, subfamily J, member 11, mRNA (cDNA clone MGC:133230 IMAGE:40032947), complete cds,” GenBank: BC112358.1, available 21 Jan 2006), and GenBank2 (“Mus musculus potassium inwardly rectifying channel, subfamily J, member 11 (Kcnj11), transcript variant 1, mRNA,” GenBank: NM_010602.3, available 6 July 2019) as applied to claims 7-14, 16, 19-26, and 28 above, in further view of Tilemann (Tilemann et al., 2012, Circulation Research, 10:777-793).
The teachings of Kane, Reyes, Gabisonia, GenBank1, and GenBank2 are described above and applied as to claims 7-14, 16, 19-26, and 28 therein.
None of Kane, Reyes, Gabisonia, GenBank1, or GenBank2 teach that the nucleic acid encoding the Kir6.2-E23 polypeptide is operably linked to a promoter sequence.
Tilemann also teaches gene therapy strategies for heart failure (“Recent advances in understanding of the molecular basis of myocardial dysfunction, together with the evolution of increasingly efficient gene transfer technology, have place heart failure within reach of gene-based therapy,” Abstract; “we will highlight new strategies for the treatment of heart failure by gene transfer, focusing on the vectors, targets, and delivery methods along with the recent clinical results from early clinical trials,” pg. 777, left col.; “Vectors Systems Used in Cardiovascular Gene Transfer,” Table 1). Tilemann teaches promoter sequences, which when operably linked to transgenes in vectors, drive expression of the transgene in the heart (“the use of cardiac specific promoters,” “the most commonly used promoter, the cytomegalovirus (CMV) promoter,” “the most promising promoter for cardiac-specific expression that is suitable for AAV vectors is… the chicken cardiac Troponin T promoter,” see “Transcriptional Targeting,” pg. 779-78). Tilemann teaches promoter sequences which are compatible with the delivery vectors of Gabisonia (“One promoter that was used in both adenoviral and AAV vectors…,” “the most promising promoter for cardiac-specific expression that is suitable for AAV vectors…,” pg. 780).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have operably linked the nucleic acid encoding the Kir6.2-E23 polypeptide in the method rendered obvious above to a promoter sequence in view of Tilemann. It would have amounted to combining a known element for expressing a transgene from a vector, in a vector expressing a transgene, by known means to yield predictable results. The skilled artisan would have expected that the promoter sequence and transgene would perform the same functions when combined as in their respective references; the promoter sequence would drive expression of a transgene, and the transgene would provide a template for production of the Kir6.2-E23 polypeptide. The skilled artisan would have had a reasonable expectation of success in using the combination in the obvious method because Tilemann is concerned with treating heart failure with gene therapy, and teaches a variety of known promoter sequences that promote transgene expression in the heart and are compatible with the delivery vectors of Gabisonia. The skilled artisan would have been motivated to operably link the nucleic acid encoding the Kir6.2-E23 polypeptide to a promoter sequence because as evidenced by Tilemann, and as is common knowledge in the art, a promoter sequence facilitates transgene expression, which is central to the obvious method above.
Conclusion
No claims are allowed.
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/JENNA L PERSONS/Examiner, Art Unit 1637
/Soren Harward/Primary Examiner, TC 1600