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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rao (PGPub 20050226892 A1, of record).
Rao teaches a customized T4 bacteriophage nanoparticle bearing Hoc and/or Soc proteins fused to another molecule(s), the other molecule(s) having chemical and/or biological activity, including proteins or specifically antibodies (para. [0057]). Rao teaches constructing T4 bacteriophages that have a first foreign protein fused either directly or indirectly to Soc and/or Hoc and a second foreign protein fused to Soc and/or Hoc coat protein (para. [0067]) and may be cancer cell specific (claim 2). Rao teaches that following in vitro assembly of such bacteriophages, methods may be employed for therapeutic, or more specifically, immunogenic, purposes (paras. [0064]-[0065]). Rao teaches one approach for in vivo loading of fusion proteins onto phage capsid is first expressing the fusion proteins in bacteria, the fusion proteins later loaded onto bacteriophage capsid upon infection with a bacteriophage that lacks the genes encoding said capsid proteins (para. [0011]). Rao also teaches that bacteriophage may be used to deliver the particular molecules (e.g., antibodies) to desired targets (para. [0034]). Additionally, Rao teaches T4 bacteriophages bearing fusion coat proteins with epitopes of a variety of diseases (including viral antigens and viral diseases) such that multiple diseases may be treated with the same bacteriophage (para. [0065]).
Rao also teaches construction of T4 bacteriophages with IL-10 and Hoc and/or Soc fusion proteins so that IL-10 is displayed on the surface of a T4 phage particle (para. [0064]).
Rao also teaches administration of bacteriophages in the form of an aerosol, such that the bacteriophages can be administered to the lungs (e.g., by use of an inhaler).
Conclusion
No claim is allowed.
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/MICHAEL D BURKHART/Primary Examiner, Art Unit 1638