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 1 . Applicant's amendment, filed 01/27/25 is acknowledged. 2. Claims 78 -97 read on an immunogenic composition are pending and under consideration in the instant application . 3. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. 4. The following is a quotation of the first paragraph 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. 5. Claims 84 and 85 are rejected under 35 U.S.C. 112, first paragraph, as containing 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(s), at the time the application was filed, had possession of the claimed invention. Applicant is in possession of : an immunogenic composition comprising pre-fusion F protein of SEQ ID N O s: 58,59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of SEQ ID Nos: 67 and 68 and further comprises hMPVM antigen of SEQ ID :41 Applicant is not in possession of : any immunogenic composition comprising pre-fusion F protein having an amino acid sequences that at least 80 % - 99 % identity to SEQ ID NOs: 58,59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of having an amino acid sequences that at least 80 % - 99 % identity SEQ ID Nos: 67 and 68 and further comprises hMPVM antigen having at least 80% identity to SEQ ID :41 . The claimed invention is drawn to a genus of an immunogenic composition however, structural identifying characteristics of the genus are not disclosed. There is no evidence that there is any per se structure/function relationship between the disclosed an immunogenic composition comprising pre-fusion F protein of SEQ ID NOs: 58,59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of SEQ ID Nos: 67 and 68 and any immunogenic composition comprising pre-fusion F protein having an amino acid sequences that at least 80 % - 99 % identity to SEQ ID NOs: 58,59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of having an amino acid sequences that at least 80 % - 99 % identity SEQ ID Nos: 67 and 68 further comprises hMPVM antigen having at least 80% identity to SEQ ID :41 . Given the well known fact that even a single amino acid substitution or what appears to be an inconsequential chemical modification will often dramatically affect the biological activity and characteristic of a protein the skilled artisan would not have been in possession of the vast repertoire any immunogenic composition comprising pre-fusion F protein having an amino acid sequences that at least 80 % - 99 % identity to SEQ ID NOs: 58, 59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of having an amino acid sequences that at least 80 % - 99 % identity SEQ ID Nos: 67 and 68 further comprises hMPVM antigen having at least 80% identity to SEQ ID :41 broadly encompassed by the claimed invention. The claims do not define the relevant identifying characteristics, namely the relevant amino acid sequences of the claimed genus of any immunogenic composition comprising pre-fusion F protein having an amino acid sequences that at least 80 % - 99 % identity to SEQ ID NOs: 58, 59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of having an amino acid sequences that at least 80 % - 99 % identity SEQ ID Nos: 67 and 68 further comprises hMPVM antigen having at least 80% identity to SEQ ID :41 encompassing various structures, specificities and functional limitations. On 22 February 2018, the USPTO provided a Memorandum clarifying the Written Description Guidelines for claims drawn to antibodies, which can be found at www.uspto.gov/sites/default/files/documents/amgen_22feb2018.pdf . That Memorandum indicates that, in compliance with recent legal decisions, the disclosure of a fully characterized antigen no longer is sufficient written description of an antibody to that antigen. Accordingly, the instant claims have been re-evalu ated in view of that guidance. “[T] he purpose of the written description requirement is to ‘ensure that the scope of the right to exclude, as set forth in the claims, does not overreach the scope of the inventor’s contribution to the field of art as described in the patent specification.’” Ariad Pharm., Inc. v. Eli Lilly & Co. , 598 F.3d 1336, 1353-54 (Fed. Cir. 2010) ( en banc) (quoting Univ. of Rochester v. G.D. Searle & Co., 358 F.3d 916, 920 (Fed. Cir. 2004)). To satisfy the written description requirement, the specification must describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor had possession of the claimed invention . Vas-Cath, Inc. v. Mahurkar , 935 F.2d 1555, 1562-63, 19 USPQ2d 1111 (Fed. Cir. 1991). See also MPEP 2163.04. MPEP § 2163 states that the written description requirement for a claimed genus may be satisfied through sufficient description of a representative number of species by actual reduction to practice, or by disclosure of relevant, identifying characteristics, i.e., structure or other physical and/or chemical properties, by functional characteristics coupled with a known or disclosed correlation between function and structure, or by a combination of such identifying characteristics, sufficient to show the applicant was in possession of the claimed genus. A “representative number of species” means that the species which are adequately described are representative of the entire genus. See, e.g. , AbbVie Deutschland GMBH v. Janssen Biotech , 759 F.3d 1285, 111 USPQ2d 1780 (Fed. Cir. 2014). Thus, when there is substantial variation within the genus, one must describe a sufficient variety of species to reflect the variation within the genus. The disclosure of only one species encompassed within a genus adequately describes a claim directed to that genus only if the disclosure “indicates that the patentee has invented species sufficient to constitute the gen[us].” See Enzo Biochem , 323 F.3d at 966, 63 USPQ2d at 1615. “A patentee will not be deemed to have invented species sufficient to constitute the genus by virtue of having disclosed a single species when … the evidence indicates ordinary artisans could not predict the operability in the invention of any species other than the one disclosed.” Functionally defined genus claims can be inherently vulnerable to invalidity challenge for lack of written description support, especially in technology fields that are highly unpredictable, where it is difficult to establish a correlation between structure and function for the whole genus or to predict what would be covered by the functionally claimed genus. See ABBVIE DEUTSCHLAND GMBH & 2 CO. v. JANSSEN BIOTECH, INC., Appeals from the United States District Court for the District of Massachusetts in Nos. 09-CV-11340-FDS, 10-CV-40003-FDS, and 10-CV-40004-FDS, Judge F. Dennis Saylor, IV. See also Ariad , 598 F.3d at 1351 (“[T]he level of detail required to satisfy the written description requirement varies depending on the nature and scope of the claims and on the complexity and predictability of the relevant technology.”); see also Centocor Ortho Biotech, Inc. v. Abbott Labs. , 636 F.3d 1341, 1352 (Fed. Cir. 2011) (noting the technical challenges in developing fully human antibodies of a known human protein). Further, the Court has interpreted 35 U.S.C. §112, first paragraph, to require the patent specification to “describe the claimed invention so that one skilled in the art can recognize what is claimed. Enzo Biochem , Inc. v. Gen-Probe Inc , 63 USPQ2d 1609 and 1618 (Fed. Cir. 2002). In evaluating whether a patentee has fulfilled this requirement, our standard is that the patent’s “disclosure must allow one skilled in the art ‘to visualize or recognize the identity of’ the subject matter purportedly described.” Id. (quoting Regents of Univ. of Cal. v. Eli Lilly & Co. , 43 USPQ2d 1398 (Fed Cir. 1997)). Vas-Cath Inc. v. Mahurkar , 19 USPQ2d 1111, makes clear that "applicant must convey with reasonable clarity to those skilled in the art that, as of the filing date sought, he or she was in possession of the invention. The invention is, for purposes of the 'written description' inquiry, whatever is now claimed." (See page 1117.) The specification does not "clearly allow persons of ordinary skill in the art to recognize that [he or she] invented what is claimed." (See Vas-Cath at page 1116.) One cannot describe what one has not conceived. See Fiddes v. Baird , 30 USPQ2d 1481, 1483. The Federal Circuit has recognized that "the written description requirement can in some cases be satisfied by functional description," it has made clear that "such functional description can be sufficient only if there is also a structure-function relationship known to those of ordinary skill in the art." In re Wallach, 378 F.3d 1330, 1335 (Fed. Cir. 2004); see also, Enzo Biochem , Inc. v. Gen-Probe, Inc., 323 F.3d 956, 964 (Fed. Cir. 2002) (holding that the written description requirement would be satisfied "if the functional characteristic of preferential binding ... were coupled with a disclosed correlation between that function and a structure that is sufficiently known or disclosed"); Amgen Inc. v. Sanofi, 782 F.3d 1367, 1378 (Fed. Cir. 2017) (holding that an "adequate written description must contain enough information about the actual makeup of the claimed products"). Here, the specification provides a functional description of the claimed a immunogenic composition comprising pre-fusion F protein having an amino acid sequences of SEQ ID NOs: 58, 59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of having an amino acid sequences of SEQ ID Nos: 67 and 68 but the specification does not identify any disclosure of a correlation between the function and the structure of said F proteins that perform th e function. Federal Circuit clarification of the law of written description as it applies to antibodies. T he U.S. Court of Appeals for the Federal Circuit (Federal Circuit) decided Amgen v . Sanofi, 872 F.3d 1367 (Fed. Cir. 2017), which concerned adequate written description for claims drawn to antibodies. The Federal Circuit explained in Amgen that when an antibody is claimed, 35 U.S.C. § 112(a) requires adequate written description of the antibody itself. Amgen, 872 F.3d at 1378-79. The Amgen court expressly stated that the so-called "newly characterized antigen" test, which had been based on an example in USPTO-issued training materials and was noted in dicta in several earlier Federal Circuit decisions, should not be used in determining whether there is adequate written description under 35 U.S.C. § 112(a) for a claim drawn to an antibody. Citing its decision in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co., the court also stressed that the "newly characterized antigen" test could not stand because it contradicted the quid pro quo of the patent system whereby one must describe an invention in order to obtain a patent. Amgen, 872 F.3d at 1378-79, quoting Ariad Pharmaceuticals, Inc. v . Eli Lilly & Co., 598 F.3d 1336, 1345 (Fed. Cir. 2010). In view of the Amgen decision, adequate written description of a newly characterized antigen alone should not be considered adequate written description of a claimed antibody to that newly characterized antigen , even when preparation of such an antibody is routine and conventional. Also, it is noted that the Court has held that the disclosure of screening assays and general classes of compounds was not adequate to describe compounds having the desired activity: without disclosure of which peptides, polynucleotides, or small organic molecules have the desired characteristic, the claims failed to meet the description requirement of § 112. See University of Rochester v. G.D. Searle & Co., lnc . , 69 USPQ2d 1886,1895 (Fed. Cir. 2004). Here, the problem here is that the instant specification fails to provide a disclosure of which amino acids are required for the claimed genus of any immunogenic composition comprising pre-fusion F protein having an amino acid sequences that at least 80 % - 99 % identity to SEQ ID NOs: 58, 59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of having an amino acid sequences that at least 80 % - 99 % identity SEQ ID Nos: 67 and 68 encompassing various structures, specificities and functional limitations that retain the appropriate structural and functional attributes encompassed by the claim s . Note that the claims do not recite and the specification does not provide sufficient written description of the structure-identifying any immunogenic composition comprising pre-fusion F protein having an amino acid sequences that at least 80 % - 99 % identity to SEQ ID NOs: 58, 59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of having an amino acid sequences that at least 80 % - 99 % identity SEQ ID Nos: 67 and 68 further comprises hMPVM antigen having at least 80% identity to SEQ ID :41 encompassing various structures, specificities and functional limitation s . Given the claimed broadly class of immunogenic composition and in the absence of sufficient disclosure of relevant identifying characteristics for the broadly claimed genus of any immunogenic composition comprising pre-fusion F protein having an amino acid sequences that at least 80 % - 99 % identity to SEQ ID NOs: 58, 59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of having an amino acid sequences that at least 80 % - 99 % identity SEQ ID Nos: 67 and 68 encompassing various structures, specificities and functional limitations encompassed by the claimed methods , the patentee must establish “a reasonable structure-function correlation” either within the specification or by reference to the knowledge of one skilled in the art with functional claims AbbVie Deutschland GmbH & Co. v. Janssen Biotech, Inc. (Fed. Cir. 2014) A nd the specification at best describes plan for making a genus of any immunogenic composition comprising pre -fusion F protein having an amino acid sequences that at least 80 % - 99 % identity to SEQ ID NOs: 58, 59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of having an amino acid sequences that at least 80 % - 99 % identity SEQ ID Nos: 67 and 68 encompassing various structures, specificities and functional limitations then identifying those that satisfy claim limitations, but mere “wish or plan” for obtaining claimed invention is not sufficient. Centocor Ortho Biotech Inc. v. Abbott Laboratories , 97 USPQ2d 1870 (Fed. Cir. 2011). Therefore, there is insufficient written description for the genus of any immunogenic composition comprising pre-fusion F protein having an amino acid sequences that at least 80 % - 99 % identity to SEQ ID NOs: 58, 59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of having an amino acid sequences that at least 80 % - 99 % identity SEQ ID Nos: 67 and 68 encompassing various structures, specificities and functional limitations to provide sufficient structure for the any immunogenic composition comprising pre-fusion F protein having an amino acid sequences that at least 80 % - 99 % identity to SEQ ID NOs: 58, 59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of having an amino acid sequences that at least 80 % - 99 % identity SEQ ID Nos: 67 and 68 encompassing various structures, specificities and functional limitations claimed at the time the invention was made and as disclosed in the specification as filed under the written description provision of 35 U.S.C. 112(a) Applicant has been reminded that Vas-Cath makes clear that the written description provision of 35 USC 112 is severable from its enablement provision. (See page 1115.) A skilled artisan cannot, as one can do with a fully described genus, visualize or recognize the identity of the members of the genus that exhibit this functional property. Meeting the written description threshold requires showing that the applicant was in “possession” of the claimed invention at the time of filing. Vas-Cath , 935 F.2d at 1563-1564. Support need not describe the claimed subject matter in exactly the same terms as used in the claims. Eiselstein v. Frank , 52 F.3d 1035, 1038 (Fed. Cir. 1995). This support cannot be based on obviousness reasoning – i.e., what the written description and knowledge in the art would lead one to speculate as to modifications the inventor might have envisioned, but failed to disclose. Lockwood v. American Airlines, Inc. , 107 F.3d 1565, 1572 (Fed. Cir. 1997). Ariad points out, the written description requirement also ensures that when a patent claims a genus by function, the specification recites sufficient materials to accomplish that function - a problem that is particularly acute in biological arts." Ariad , 598 F.3d at 1352-3. The USPTO has released a Memo on the Clarification of Written Description Guidance For Claims Drawn to Antibodies and Status of 2008 Training Materials, 02/22/2018. See https://www.uspto.gov/sites/default/files/documents/amgen_22feb2018.pdf . The Memo clarifies the applicability of USPTO guidance regarding the written description requirement of 35 U.S.C. § 112(a) concerning the written description requirement for claims drawn to antibodies, including the following. “I n view of the Amgen decision, adequate written description of a newly characterized antigen alone should not be considered adequate written description of a claimed antibody to that newly characterized antigen, even when preparation of such an antibody is routine and conventional”. In contrast to applicant’s reliance upon the description of certain immunogenic composition comprising pre -fusion F protein having SEQ ID NOs: 58, 59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of having an amino acid sequences of SEQ ID Nos: 67 and 68 there is insufficient written description of the required kind of structure-identifying information about the corresponding makeup of the claimed any immunogenic composition comprising pre-fusion F protein having an amino acid sequences that at least 80 % - 99 % identity to SEQ ID NOs: 58, 59,60,61,62,50,63,51,64,52,65,53 and post-fusion F protein of having an amino acid sequences that at least 80 % - 99 % identity SEQ ID Nos: 67 and 68 further comprises hMPVM antigen having at least 80% identity to SEQ ID :41 encompassing various structures, specificities and functional limitations to demonstrate possession. Also, see Amgen Inc. v. Sanofi , 124 USPQ2d 1354 (Fed. Cir. 2017). “When a patent claims a genus using functional language to define a desired result, the specification must demonstrate that the applicant has made a generic invention that achieves the claimed result and do so by showing that the applicant has invented species sufficient to support a claim to the functionally-defined genus.” See Capon v. Eshhar , 418 F.3d 1349 (Fed. Cir. 2005). “A sufficient description of a genus . . . requires the disclosure of either a representative number of species falling within the scope of the genus or structural features common to the members of the genus so that one of skill in the art can "visualize or recognize" the members of the genus.” See AbbVie , 759 F.3d at 1297, reiterating Eli Lilly , 119 F.3d at 1568-69. In Amgen Inc. v. Sanofi , 124 USPQ2d 1354 (Fed. Cir. 2017), relying upon Ariad Pharms., Inc. v. Eli Lily & Co. , 94 USPQ2d 1161 (Fed Cir. 2010 ), the following is noted. To show invention, a patentee must convey in its disclosure that is “had possession of the claimed subject matter as of the filing date. Demonstrating possession “requires a precise definition” of the invention. To provide this precise definition” for a claim to a genus, a patentee must disclose “a representative number of species within the scope of the genus of structural features common to the members of the genus so that one of skill in the art can visualize or recognize the member of the genus” (see Amgen at page 1358). This it is the Examiner’s position that o ne of skill in the art would conclude that the specification fails to disclose a representative number of specie s to describe the claimed genus of any immunogenic composition comprising pre-fusion F protein having an amino acid sequences that at least 80 % - 99 % identity to SEQ ID NOs: 58, 59, 60, 61, 62, 50, 63, 51, 64, 52, 65, 53 and post-fusion F protein of having an amino acid sequences that at least 80 % - 99 % identity SEQ ID Nos: 67 and 68 further comprises hMPVM antigen having at least 80% identity to SEQ ID :41 . 6. 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. 7. Claims 78 - 83,86- 97 are rejected under 35 U.S.C. 103 as being unpatentable over Martin et al ( Vaccine, 2020, v.38, pages 2122-2127, IDS) and Battles et al ( Nature, 2017,v.8, IDS) in view of Miata et al (J Mol Evol , 1979, v.12 pages 219-236) . Martin et al., teach an immunogenic composition comprising a stabilized pre -fusion conformation form and stabilized post- fusion conformation form of hMPV F . Martin et al., teach the presence of adjuvant in said immunogenic composition ( see entire document, page 2122 and 2023 Battles et al., teach an immunogenic composition comprising a stabilized pre -fusion conformation form and stabilized post- fusion conformation form of hMPV F . Battles et al., teach the presence of adjuvant in said immunogenic composition ( see entire document, page 220 and 221 in particular). Martin et al., and Battles et al., do not explicitly teaches a specific amino acid substitution as recited in the claims, however as taught by Miata et al., said substitution would be considered as conservative amino acid substitution that results in increasing stability and/or specificity of the protein ( see entire document). Martin et al., and Battles et al., do not teach that pre-fusion F protein comprising SEQ ID :58 and post -fusion F protein comprising SEQ ID NO:67 All the claimed elements were known in the prior art and one skill in the art could have combine the elements as claimed by known methods with no change in their respective function and the combination would have yield predictable results to one of ordinary skill in the art at the time of the invention ( see KSR International Co v Teleflex Inc ., 550U.S.-, 82 USPQ2d 1385, 2007). Thus it would have been to one of ordinary skill in the art before the effective filing date of the claimed invention to make s conservative amino acid substitution in the immunogenic composition comprising a stabilized pre-fusion conformation form and stabilized post- fusion conformation form of hMPV F taught by Martin et al., and Battles et al., with a reasonable expectation of success because the prior art suggests that said amino acid substitution increases stability and/or specificity of the proteins . Claims 92-96 are included because the instant claims are drawn to a product, i.e. immunogenic composition. A composition is a composition irrespective of its intended use in the absence of evidence of structural difference. . See MPEP 2112.02. Claim 97 is included because it was conventional and within the skill of the art to determine the optimum means of expression producing immunogenic composition comprising expressing nucleic acid molecule corresponding to the recombinant pre and post fusion F protein in an host cell. Further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller , 220 F2d 454,456,105 USPQ 233; 235 (CCPA 1955). see MPEP § 2144.05 part II A. It is well settled that "discovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art." In re Boesch , 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980). See also Merck & Co. v. Biocraft Labs. Inc. , 874 F.2d 804, 809, 10 USPQ2d 1843, 1847-48 (Fed. Cir. 1989) (determination of suitable dosage amounts in diuretic compositions considered a matter of routine experimentation and therefore obvious). From the teachings of the references, it was apparent that one of ordinary skill in the art would have had a reasonable expectation of success in producing the claimed invention. Therefore, the invention as a whole was prima facie obvious to one of ordinary skill in the art at the time the invention was made, as evidenced by the references, especially in the absence of evidence to the contrary. 8. 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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. 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 website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-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 . 9. Claim s 78-97 are FILLIN "Pluralize \“Claim\” if necessary, insert \“is\” or \“are\” as appropriate, and insert the claim number(s) which are under rejection." rejected on the ground of nonstatutory double patenting a s being unpatentable over claim s 1-19 of US Patent 12/162,909 and claims 1-20 of US Patent 12/162,907 Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 -19 of US Patent 12/162,909 and claims 1-20 of US Patent 12/162,907 each recited an immunogenic composition comprising pre and post fusion F protein that are 100 % identical to the instantly claimed ( see sequence alignment, attached)) 10 . The claim s 78- 97 are provisionally rejected on the grounds of nonstatutory double patenting of the claim s of copending Application No 18/285416, 17/606,811; 18/932,700 Although the claims at issue are not identical, they are not patentably distinct from each other because claims of copending Application No 18/285416, 17/606,811; 18/932,700 each recited an immunogenic composition comprising pre and post fusion F protein that are 100 % identical to the instantly claimed ( see sequence alignment, attached)) This is a provisional nonstatutory double patenting rejection because the conflicting claims have not in fact been patented. 11. No claim is allowed. 12. 13 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michail Belyavskyi whose telephone number is 571/272-0840. The examiner can normally be reached Monday through Friday from 9:00 AM to 5:30 PM. A message may be left on the examiner's voice mail service. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Gregory Emch can be reached on 571/ 272-8149 The fax number for the organization where this application or proceeding is assigned is 571/273-8300 Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /MICHAIL A BELYAVSKYI/ Primary Examiner, Art Unit 1644