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 .
The preliminary amendment filed 5/20/2024 is acknowledged. Claims 1-20 are cancelled. Claim 24 is amended. New claims 26-43 are added. Claims 21-43 are pending and are currently under examination.
Information Disclosure Statement
The information disclosure statements filed on 6/21/2024, 7/2/2024, 12/19/2024, 3/3/2025, 5/21/2025, and 7/11/2025have been considered. Signed copies are enclosed.
Nucleotide and/or Amino Acid Sequence Disclosures
37 CFR 1.831(j) specifies that any sequence having fewer than 10 specifically defined nucleotides, or fewer than 4 specifically defined amino acids must be excluded from any “Sequence listing XML.” Therefore the sequences recited as SEQ ID NO:1 and 2 are not allowed to be cited as a SEQ ID NO. These sequences are not present in the sequence listing and references to these identifiers in the specification must be removed. Applicant may recite the actual sequence without the sequence identifier number. No alteration in the sequence listing is necessary.
Claim Objections
Claims 28, 33-34, and 36-37 are objected to because of the following informalities: The claims contain the misspelled word “nineth”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 21-43 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. Claims that are not specifically addressed below are included because they contain the issue present in the parent claim.
Claims 21, 24, 26, 28, and 30 are rendered indefinite by the reference to SEQ ID NO: 2. 37 CFR 1.831(j) specifies that any sequence having fewer than 10 specifically defined nucleotides, or fewer than 4 specifically defined amino acids must be excluded from any “Sequence listing XML.” Therefore, the sequences recited as SEQ ID NO: 2 are not allowed to be cited as a SEQ ID NO. These sequences are not present in the sequence listing and references to these identifiers must be removed. Applicant may recite the actual sequence without the sequence identifier number. No alteration in the sequence listing is necessary.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian J Gangle whose telephone number is (571)272-1181. The examiner can normally be reached M-F, 9-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Gussow can be reached at 571-272-6047. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN GANGLE/Primary Examiner, Art Unit 1645
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