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 .
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.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cagan et al (WO 2020/198125, 10/1/2020, of record).
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cagan et al (WO 2020/198125, e.f.d. 3/22/2019).
Cagan et al teach the treatment of human colorectal cancer associated with a KRAS variant with drugs that inhibit tumorigenesis in Drosophila modified to express a human mutant KRAS protein/ortholog (e.g. G12V, ras85DG12V). See Figs 1A-1D, 2C, 2D, 4A, 4B, ¶’s [0018]-[0019], [0021], [0182]. Induction of expression of the KRAS ortholog may be through and external factor, such as temperature, and such induction inhibits survival to pupation. Administration of drugs (e.g. MEK inhibitors, which are kinase inhibitors) allow larva to survive (¶’s [0136] –[0137], [0140]-[0141]). The cancer may be adenocarcinoma of the colon (¶ [0017]). Cagan et al also teach methods of screening using the Drosophila models and reagents above by evaluation of the effect on tumorigenesis, see further Example 1 and ¶’s [0183]-[0187].
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Burkhart whose telephone number is (571)272-2915. The examiner can normally be reached M-F 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tracy Vivlemore can be reached at 571 272-2914. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL D BURKHART/Primary Examiner, Art Unit 1638
Prosecution Insights