DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-3, 6-10 are pending and under consideration in the instant application in view of the claim amendment dated 04/28/2026.
In view of the claim amendment and arguments filed 04/28/2026, all previous claim objections and/or rejections have been withdrawn in favor of the instant claim objections and/or claim rejections stated below.
Nucleotide and/or Amino Acid Sequence Disclosures in Patent Applications
This application contains sequence disclosures that are encompassed by the definitions for nucleotide and/or amino acid sequences set forth in 37 CFR 1.821(a)(1) and (a)(2). However, this application fails to comply with the requirements of 37 CFR 1.821 through 1.825 for the reason(s) set forth below:
Claims 1 recite nucleotide sequences and/or amino acid sequences including GGGS. However, the claims do not recite specific SEQ ID NOs identifying the nucleotide sequences and/or amino acid sequences.
Applicants must provide: (1) a substitute paper and computer readable form copy of the “Sequence Listing” to include SEQ ID NOs identifying the nucleotide sequences and/or amino acid sequences in the claims, (2) a statement that the paper and computer readable copies are the same and include no new matter as required as required by 37 CFR 1.821(e), 1.821(f), 1.821(g), 1.825(b) or 1.825(d); and recite the SEQ ID NOs in the claims. See MPEP 2422 Nucleotide and/or Amino Acid Sequence Disclosures in Patent Applications.
Claim Rejections - 35 USC § 112(b) or 35 U.S.C. 112 (pre-AIA ) 2nd Paragraph
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-3, 6-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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.
Claim 1 recites the phrase “comprising the amino acid sequence of SEQ ID NO: 3” which renders the claim vague and indefinite since SEQ ID NO: 3 is a nucleotide sequence, and not an amino acid sequence. Dependent claims 2-3, 6-10 are also rejected because they do not correct the defect.
Conclusion
No claim is allowed.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christian L Fronda whose telephone number is (571)272 0929. The examiner can normally be reached Monday-Thursday and alternate Fridays between 9:00AM-5:00PM.
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/CHRISTIAN L FRONDA/Primary Examiner, Art Unit 1652
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