DETAILED ACTION
This action is in reply to papers filed 8/14/2024. Claims 1, 4, 6-14 are pending and examined herein.
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 .
Examiner’s Note
All paragraph numbers throughout this office action, unless otherwise noted, are from the US PGPub of this application US20240218334A1, Published 7/4/2024.
Withdrawn or Moot Claim Rejections
The 35 U.S.C. 112(b) rejection of claims 1 and 13 is withdrawn in view of amendments made to said claims.
The 35 U.S.C. 112(b) rejection of claim 2 is moot in view of the cancellation of the claim.
The 103 (a) rejection of claim(s) 1, 4, 6-10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Albritton et al. (PgPub US20180002672A1, Published 1/4/2018, Ref 8 in IDS filed 3/21/2024), Rouch et al. (PLoS One. 2016 Jan 28;11(1):e0148216., Ref 44 in IDS filed 3/21/2024), Jung et al. (FASEB J. 2018 Jan;32(1):111-122., Ref 24 in IDS filed 3/21/2024), Pletscher-Frankild et al. (Methods. 2015 Mar;74:83-9., Ref 40 in IDS filed 3/21/2024), Fasciano et al. (J Vis Exp. 2019 Jul 26;(149):10.3791/59894., Ref 19 in IDS filed 3/21/2024), Ortega et al. (PgPub 20170191030A1, Published 7/6/2017) and Li et al. (Human Molecular Genetics, Volume 13, Issue 16, 15 August 2004, Pages 1715–1725., Ref 26 in IDS filed 3/21/2024) is withdrawn in view of amendments made to independent claim 1.
The 103 (a) rejection of claim(s) 11-13 as being unpatentable over Albritton et al. (PgPub US20180002672A1, Published 1/4/2018, Ref 8 in IDS filed 3/21/2024), Rouch et al. (PLoS One. 2016 Jan 28;11(1):e0148216., Ref 44 in IDS filed 3/21/2024), Jung et al. (FASEB J. 2018 Jan;32(1):111-122., Ref 24 in IDS filed 3/21/2024), Pletscher-Frankild et al. (Methods. 2015 Mar;74:83-9., Ref 40 in IDS filed 3/21/2024), Fasciano et al. (J Vis Exp. 2019 Jul 26;(149):10.3791/59894., Ref 19 in IDS filed 3/21/2024), Ortega et al. (PgPub 20170191030A1, Published 7/6/2017) and Li et al. (Human Molecular Genetics, Volume 13, Issue 16, 15 August 2004, Pages 1715–1725., Ref 26 in IDS filed 3/21/2024) as applied to claims 1, 4, 6-10 and 14 is withdrawn in view of amendments made to independent claim 1.
Maintained Rejection (s)
Claims 1, 4 and 6-14 remain rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. US11926849.
Applicant states that they are filing a terminal disclaimer in compliance with
37 C.F.R. § 1.321(c) with this reply to respond to the double patenting rejections. Applicant notes that the filing of a terminal disclaimer to obviate a non-statutory double patenting rejection.
Applicant’s arguments are not found persuasive. This is because no terminal disclaimer has been provided. In the Response filed 8/14/2026, Applicant filed the following:
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Note that no terminal disclaimer was provided with Applicant’s response. Accordingly, the rejection is maintained.
Authorization to Initiate Electronic Communications
The examiner may not initiate communications via electronic mail unless and until applicants authorize such communications in writing within the official record of the patent application. See M.P.E.P. § 502.03, part II. If not already provided, Applicants may wish to consider supplying such written authorization in response to this Office action, as negotiations toward allowability are more easily conducted via e-mail than by facsimile transmission (the PTO's default electronic-communication method). A sample authorization is available at § 502.03, part II.
Conclusion
No claim is allowed.
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.
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/TITILAYO MOLOYE/ Primary Examiner, Art Unit 1632
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