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 .
RESPONSE TO AMENDMENT
The amendments to the specification and claims filed 5-20-2026 have been entered into the record. Claims 1-8 and 15-20 are pending and under examination.
The text of Title 35 of the U.S. Code not reiterated herein can be found in the previous office action.
Information Disclosure Statement
The information disclosure statement filed 5-27-2026 has been considered. An initialed copy is enclosed.
The objection to the specification for the presence of a hyperlink is withdrawn based upon Applicant’s amendment.
Rejections Withdrawn
The rejection of claims 1-8 and 15-17 on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,383,610 in view of Jacobs (WO 2019/115741; of record) and Seele et al (WO 2015/181356; of record) is withdrawn in view of the properly filed terminal disclaimer.
The rejection of claims 2 and 3 under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention is withdrawn in view of the amendment to the claims.
Rejections Maintained
The rejection of claim 8 under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention is maintained for reasons made of record.
The amendment to place the word “optionally further comprising” does not resolve the issue as the claim definitively states that” the vaccine does not comprise additional Streptococcus suis antigens. The vaccine cannot further comprise the additional recited antigen because it is inconsistent with the plain meaning of “does not comprise additional...”. The rejection is maintained.
Claims 1-8 (vaccine) and 15-19 (method) and new method claim 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 23-28 (vaccine) and 13-21 (method) of copending Application No. 18/293,380 (reference application) for reasons made of record in the Office action mailed 2-20-2026 as this rejection has not been traversed or obviated by a properly filed terminal disclaimer.
Applicant should note that both the ‘380 and the instant application were filed on the same day, as such a terminal disclaimer would be necessary to overcome the rejection if Applicant cannot show that the inventions are patentably distinct.
Status of Claims
Claims 1-8 and 15-20 stand rejected.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patricia Duffy whose telephone number is (571)272-0855. The examiner can normally be reached 8:00 am - 4 pm.
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, Jeffrey Stucker can be reached at 571-272-0911. 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.
/Patricia Duffy/Primary Examiner, Art Unit 1645
Prosecution Insights