Status of the Claims
Claims 25-27 are pending and examined herein.
Claims 1-24 and 28-30 are canceled.
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.
Claims 25-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spada et al. (J. Mol. Biol. (1998) 283: 395-407).
Regarding claim 25, Spada discloses a method of retrieving data from a library of different bacteriophage (abstract) comprising contacting the library with E. coli (p. 405, SIP experiments, 2nd ¶), wherein the E. coli expresses a receptor (p. 399, SIP selection, 1st ¶: “adapter molecule”; Figure 1) that can bind to a ligand linked or fused to a bacteriophage (p. 399, SIP selection, 1st ¶: “scFv fragments”; Figure 1), wherein the library comprises bacteriophage having different ligands linked or fused thereto (p. 397-8, Design and construction of the library), and wherein amplification of the E. coli leads to selective amplification of the bacteriophage linked or fused to the ligand that can bind thereto (p. 396, col. 1: “only phages that carry a protein recognizing the ligand will infect bacteria and the genetic information for this protein variant will be propagated”).
Regarding claim 26, Spada further discloses that the ligand is an antigen binding protein (p. 397, Design and construction of the library: “VL- domain in the scFv fragment of the anti-hemagglutinin anti-body 17/9”) and the receptor is the antigen that binds thereto (p. 398, last ¶).
Regarding claim 27, Spada further discloses isolating and sequencing the genome of the selectively amplified bacteriophage (p. 405, SIP experiments, 2nd ¶: “Isolated clones were sequenced after each round of selection”).
Conclusion
No claims are allowed.
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/ALEXANDRA OLSON/Examiner, Art Unit 1684
/JEREMY C FLINDERS/Primary Examiner, Art Unit 1684
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