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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 2/2/2026 is acknowledged. The election of SEQ ID 1 as peptide and a fluorescent moiety as cargo molecule are also acknowledged. Claims 1-14, 17, 20, 22-27 are pending, of which claims 23-27 are withdrawn from consideration at this time as being directed to a non-elected invention. Claims 3-7, 13, 14, 17, and 20 are withdrawn as being directed to non-elected species. Claims 1, 2, 8-12 and 22 encompass the elected invention and are examined herein on the merits for patentability.
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.
Claim(s) 1, 2, 8-12 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Monahan et al. (US 2005/0042642).
Monahan discloses SEQ ID 78 which comprises the peptide sequence Ala Leu Pro Leu Ser Ala Ser (corresponding to SEQ ID NO: 1, as claimed) at amino acid positions 307-313 (page 176).
The remainder of the sequence is interpreted to be within the scope of a cargo molecule, as claimed, as the term cargo molecule is not limited.
With regard to claims 8-12, it is taught that within the scope of the present invention are methods for direct detection of interactions between the marker protein and its natural binding partner and/or a test compound in a homogeneous or heterogeneous assay system without further sample manipulation. For example, the technique of fluorescence energy transfer may be utilized. Generally, this technique involves the addition of a fluorophore label on a first `donor` molecule (e.g., marker or test compound) such that its emitted fluorescent energy will be absorbed by a fluorescent label on a second, `acceptor` molecule (e.g., marker or test compound), which in turn is able to fluoresce due to the absorbed energy. Alternately, the `donor` protein molecule may simply utilize the natural fluorescent energy of tryptophan residues (paragraph 0239). Accordingly, the intrinsic tryptophan residues are interpreted to be fluorescent molecule cargo, including linkage via peptide or amino acid. With regard to claim 9, additional amino acids (cargo) are present at the N and/or C terminus of the peptide. With regard to claim 22, pharmaceutical excipients such as water are taught (paragraph 0244).
Claims 1, 2, 8-12 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by et al. Bremel et al. (WO 2011/119484).
Instantly claimed sequence SEQ ID NO:1 has 100 % identity (100 % similarity) over 7 positions in a common overlap (range (q:s): 1-7:12-18) with subject GS_PROT_ALERT:WO2011119484.3207537 (Irtacrarslsalplsass; length: 19) as taught in Bremel. As the term "cargo molecule" is not limited, the polypeptide of Bremel is interpreted to comprise a conjugate between a peptide comprising the peptide ALPLSASS (which comprises the heptapeptide ALPLSAS) and the cargo peptide LRTACRARSLS.
With regard to claims 9-11, additional amino acids (cargo) are joined at the N and/or C terminus including via amino acid or peptide linker. Regarding claims 8 and 12, Bremel discloses conjugates of the peptide and drugs/fluorescent molecules. Regarding claim 22, pharmaceutical compositions are taught, see pages 82 and 91.
Conclusion
No claims are allowed at this time.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEAH H SCHLIENTZ whose telephone number is (571)272-9928. The examiner can normally be reached Monday-Friday, 8:30am - 12:30pm EST.
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/LHS/
/Michael G. Hartley/ Supervisory Patent Examiner, Art Unit 1618
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