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 .
Claims Status
Claims 1-11 are pending.
Claim Objections
Claims 6 and 9 are objected to because of the following informalities:
With regards to claim 6, the claim recites “the food composition for suppressing tremor or movement disorder according to claims 2”. “claims” should be corrected to the singular tense. Appropriate correction is required.
With regards to claim 9, the claim recites “further comprising”. The Examiner believes that the term “further” is mistakenly placed here after comparison of the recitation of claim 9 with the terminology recited in claim 2. 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 1-6 and 9-10 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regards to claims 1 and 2 (and claims 3-6 dependent from) and claims 8 and 9 (and claim 10 dependent from), the claims cite the term “gene” that renders the claim indefinite because the scope of the term “gene of SEQ ID NO:1” is unclear because a gene can be understood to include polynucleotide sequences such as the promoter, introns and exons, untranslated sequences, or other sequences. It is unclear if “the gene of SEQ ID NO:1”, encompasses that nucleic acid sequence of SEQ ID NO: 1 or additional nucleic acid sequences such as promoters or other regulatory elements, including SEQ ID NO: 2.
With regards to claim 2 (and claims 3-6 dependent from), the claim recites “an aldehyde dehydrogenase encoded by the gene of SEQ ID NO: 1 including SEQ ID NO:2. As SEQ ID NO: 2 is a sequence of 42 oligonucleotides, it is unclear what “including” means and what the relationship of SEQ ID NO:2 to SEQ ID NO:1 is in the context of the claimed gene, as it could be within the internal 5’ to 3’ region of the nucleotide sequence of SEQ ID NO:1 or on the 5’ end or 3’ end of the sequence. Therefore, it is indefinite.
With regards to claim 3 (and claims 4-5 dependent from), the claim recites “wherein the aldehyde”. There is a lack of antecedent basis for this limitation in the claim. There is no “aldehyde” in prior independent claims 1-2 that properly introduces the element of “aldehyde’.
With regards to claim 9 (and claim 10 dependent from), the claim recites “an aldehyde dehydrogenase encoded by the gene of SEQ ID NO: 1 including SEQ ID NO:2. As SEQ ID NO: 2 is a sequence of 42 oligonucleotides, it is unclear what “including” means and what the relationship of SEQ ID NO:2 to SEQ ID NO:1 is in the context of the claimed gene, as it could be within the internal 5’ to 3’ region of the nucleotide sequence of SEQ ID NO:1 or on the 5’ end or 3’ end of the sequence. Therefore, it is indefinite.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6, 7, 10, and 11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The invention appears to employ novel genetically engineered Saccharomyces cerevisiae, KCT13925BP, KCTC14122BP, KCTC14123BP, KCTC14983BP, KCTC14984BP, and KCTC14985BP. Since the deposited Saccharomyces cerevisiae strains, KCT13925BP, KCTC14122BP, KCTC14123BP, KCTC14983BP, KCTC14984BP, and KCTC14985BP are essential to the claimed invention, they must be obtainable by a repeatable method set forth in the specification or otherwise be readily available to the public. The Saccharomyces cerevisiae strains, KCT13925BP, KCTC14122BP, KCTC14123BP, KCTC14983BP, KCTC14984BP, and KCTC14985BP are not fully disclosed, nor have all the sequences required for their construction been shown to be publicly known and freely available. The enablement requirements of 35 U.S.C. ' 112 may be satisfied by a deposit of the Saccharomyces cerevisiae strains, KCT13925BP, KCTC14122BP, KCTC14123BP, KCTC14983BP, KCTC14984BP, and KCTC14985BP. The specification does not disclose a repeatable process to obtain the vectors and it is not apparent if the DNA sequences are readily available to the public. Accordingly, it is deemed that a deposit of the Saccharomyces cerevisiae strains, KCT13925BP, KCTC14122BP, KCTC14123BP, KCTC14983BP, KCTC14984BP, and KCTC14985BP should have been made in accordance with 37 CFR 1.801-1.809.
If a deposit was made under the terms of the Budapest Treaty, then an affidavit or declaration by applicants, or a statement by an attorney of record over his or her signature and registration number, stating that the specific strain has been deposited under the Budapest Treaty and that the strain will be available to the public under the conditions specified in 37 CFR 1.808, would satisfy the deposit requirement made herein.
If the deposit has not been made under the Budapest treaty, then in order to certify that the deposit meets the criteria set forth in 37 CFR 1.801-1.809, applicants may provide assurance or compliance by an affidavit or declaration, or by a statement by an attorney of record over his or her signature and registration number, showing that:
1. during the pendency of this application , access to the invention will be afforded to the Commissioner upon request;
2. upon granting of the patent the strain will be available to the public under the conditions specified in 37 CFR 1.808;
3. the deposit will be maintained in a public repository for a period of 30 years or 5 years after the last request or for the effective life of the patent, whichever is longer; and
4. the deposit will be replaced if it should ever become inviable.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kwon (US Patent Application Publication Pub No.: US 2021/0254023 A1; published August 19, 2021), hereinafter referred to as Kwon, as evidenced by Geneseq Database entry: (BMD59377; January 26, 2023), hereinafter referred to as S1, and Geneseq Database entry: (BMD59378; January 26, 2023), hereinafter referred to as S2.
With regards to claims 1-11, Kwon discloses the yeast strains Saccharomyces cerevisiae Kwon-P1 KTCTC14123BP, Saccharomyces cerevisiae Kwon P-2, KCTC14122BP, and Saccharomyces cerevisiae Kwon P-3 KCTC14123PB which produce both glutathione and aldehyde dehydrogenase (see Paragraph 0001, pg. 1 and claims 1-4, pg. 10). Although Kwon does not disclose the sequence of the aldehyde dehydrogenase in the yeast strains Saccharomyces cerevisiae KTCTC14123BP, Saccharomyces cerevisiae KCTC14122BP, and Saccharomyces cerevisiae KCTC14123PB, the polynucleotide sequence of these strains is inherent to the polynucleotide sequence that encodes the aldehyde dehydrogenase in the yeast strains Saccharomyces cerevisiae Kwon-P1 KTCTC14123BP, Saccharomyces cerevisiae Kwon P-2, KCTC14122BP, and Saccharomyces cerevisiae Kwon P-3 KCTC14123PB as evidenced by S1 and S2. Genseq databank entries: BMD59377 (100% sequence identity to SEQ ID NO.1) and BMD59378 (100% sequence identity to SEQ ID NO:2) disclose evidence that the aldehyde dehydrogenase is encoded by a gene of SEQ ID NO: 1 including SEQ ID NO:2 (see above rejection under 112 (b)) and that the aldehyde dehydrogenase is derived from the yeast Saccharomyces cerevisiae accession numbers KCTC13925BP, KCTC1414123BP, KCTC14983BP, KCTC14984BP, and KCTC14985BP. Kwon teaches that the mutant Saccharomyces cerevisiae strains that overproduce glutathione and aldehyde dehydrogenase have been reported to be recognized as safe in the use of food, health food (food compositions), cosmetics, and medicines (pharmaceutical composition) (see paragraphs 0034-0035, pg. 3).
With regards to claim 11, Kwon discloses an enzyme reaction solution that includes a lysate of microorganisms to be measured (pharmaceutical composition selected from the group of Saccharomyces cerevisiae strains) for aldehyde dehydrogenase activity (see Example 3, Paragraph 0085, pg. 7).
Therefore, claims 1-11 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kwon (US Patent Application Publication Pub No.: US 2021/0254023 A1; published August 19, 2021) as evidenced by Geneseq Database entry: (BMD59377; January 26, 2023) and Geneseq Database entry: (BMD59378; January 26, 2023).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (US Patent Application Publication No: US 2021/0254023 A1: published August 19, 2021), hereinafter referred to as Kwon, as evidenced by Geneseq Database entry: (BMD59377; January 26, 2023), hereinafter referred to as S1, and Geneseq Database entry: (BMD59378; January 26, 2023), hereinafter referred to as S2.
With regards to claims 1-11, Kwon discloses the yeast strains Saccharomyces cerevisiae Kwon-P1 KTCTC14123BP, Saccharomyces cerevisiae Kwon P-2, KCTC14122BP, and Saccharomyces cerevisiae Kwon P-3 KCTC14123PB which produce both glutathione and aldehyde dehydrogenase (see Paragraph 0001, pg. 1 and claims 1-4, pg. 10). Although Kwon does not disclose the sequence of the aldehyde dehydrogenase in the yeast strains Saccharomyces cerevisiae KTCTC14123BP, Saccharomyces cerevisiae KCTC14122BP, and Saccharomyces cerevisiae KCTC14123PB, the polynucleotide sequence of these strains is inherent to the polynucleotide sequence that encodes the aldehyde dehydrogenase in the yeast strains Saccharomyces cerevisiae Kwon-P1 KTCTC14123BP, Saccharomyces cerevisiae Kwon P-2, KCTC14122BP, and Saccharomyces cerevisiae Kwon P-3 KCTC14123PB as evidenced by S1 and S2. Genseq databank entries: BMD59377 (100% sequence identity to SEQ ID NO.1) and BMD59378 (100% sequence identity to SEQ ID NO:2) disclose evidence that the aldehyde dehydrogenase is encoded by a gene of SEQ ID NO: 1 including SEQ ID NO:2 (see above rejection under 112 (b)) and that the aldehyde dehydrogenase is derived from the yeast Saccharomyces cerevisiae accession numbers KCTC13925BP, KCTC1414123BP, KCTC14983BP, KCTC14984BP, and KCTC14985BP. Kwon teaches that the mutant Saccharomyces cerevisiae strains that overproduce glutathione and aldehyde dehydrogenase have been reported to be recognized as safe in the use of food, health food (food compositions), cosmetics, and medicines (pharmaceutical composition) (see paragraphs 0034-0035, pg. 3).
Kwon further discloses that alcohol dehydrogenase first oxidizes alcohol into acetaldehyde (oxidized alcohol) and then acetaldehyde is again decomposed into acetic acid by acetaldehyde dehydrogenase (see Paragraph 0014, pg.10. Kwon further teaches that aldehyde dehydrogenase is used in the metabolism of not only acetaldehyde but also aldehydes such as aliphatic aldehydes, aromatic aldehydes, and polycyclic aldehydes to remove toxic substances from the body and further discloses that aldehyde dehydrogenase serves to remove 4-hydroxy-2-nonenal (4-HNE) and malondialdehyde (MDA) which are oxidized aldehydes generated from oxidative stress (endogenous aldehydes) (see Paragraphs 0016-0017, pg. 2).
With regards to claim 11, Kwon discloses an enzyme reaction that includes a lysate of microorganisms to be measured (pharmaceutical composition selected from the group of Saccharomyces cerevisiae strains) for aldehyde dehydrogenase activity (see Example 3, Paragraph 0085, pg. 7).
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the group consisting of Saccharomyces cerevisiae Kwon P-1 KCTC12925BP, Kwon P-2 KCTC14122BP, and Kwon P-3 KCTC141BP (comprising the aldehyde dehydrogenase(s) contained in any one of KCTC13925BP, KCTC14122BP, and KCTC14123BP of the current instant application) taught by Kwon and as evidenced by S1 and S2 into a food and pharmaceutical composition in order to mediate the metabolism of aldehydes and removal of toxic substances from the body. A person of ordinary skill in the art would be motivated to do so because it would be obvious that the aldehyde dehydrogenases originating from the strains Kwon P-1 KCTC12925BP, Kwon P-2 KCTC14122BP, and Kwon P-3 KCTC141BP taught by Kwon (see Paragraph 0001, pg. 1) (and as evidenced by S1 and S2) are the same as the aldehyde dehydrogenases originating from the same strains in instant application claims 1-11 and share the same substrate preference(s). The expectation of success would be high based upon the high level of skill in the art of recombinant protein engineering and molecular biology as exemplified by Kwon (and as evidenced by S1 and S2). who discloses all the methods and components necessary to produce the food and pharmaceutical compositions containing the aldehyde dehydrogenases originating from strains (Kwon P-1 KCTC12925BP, Kwon P-2 KCTC14122BP, and Kwon P-3 KCTC141BP).
Therefore, claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (US Patent Application Publication No: US 2021/0254023 A1: published August 19, 2021) as evidenced by by Geneseq Database entry: (BMD59377; January 26, 2023) and Geneseq Database entry: (BMD59378; January 26, 2023).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1- 6 of U.S. Patent No. US 11618889 B2 to Kwon, hereinafter referred to as ’889. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1- 6 of ‘889, drawn to Saccharomyces cerevisiae yeast having an enhanced ability to produce aldehyde dehydrogenase and glutathione concurrently, the Saccharomyces cerevisiae yeast is selected from the group consisting of Saccharomyces cerevisiae Kwon P-1 KCTC13925BP, Saccharomyces cerevisiae Kwon P-2 KCTC14122BP, and Saccharomyces cerevisiae Kwon P-3 KCTC14123BP, wherein the Saccharomyces cerevisiae yeast is obtained by a process comprising: a first step for treating a Saccharomyces cerevisiae yeast with ethylmethanesulfonate or nitrosoguanidine to induce mutation, a second step for treating the induced mutant yeast obtained in the first step with methylglyoxal to select a methylglyoxal-adapted mutant yeast from the induced mutant yeast, and a third step for treating the methylglyoxal-adapted mutant yeast selected in the second step with lysine to select a lysine-adapted mutant yeast from the methylglyoxal-adapted mutant yeast selected in the second step, anticipate and/or make obvious instant claims 1-11 drawn to a food/pharmaceutical composition that suppresses or improves symptoms of tremor or movement disorder, containing an aldehyde dehydrogenase encoded by a gene with more than 98% homology to the gene of SEQ ID NO: 1.
Claims 1-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over copending claims 1-5 of copending Application No. 18/519,482 (Kwon), hereinafter referred to as ‘482. Although the claims at issue are not identical, they are not patentably distinct from each other because copending claims 1-5 of ‘482, drawn to a composition for alleviating endoplasmic reticulum stress, containing any one or a mixture thereof selected from the group consisting of Saccharomyces cerevisiae KCTC13925BP,KCTC14122BP, KCTC14123BP, KCTC14983BP, KCTC14984BP, and KCT1l4985BP, anticipate and/or make obvious instant claims 1-11 drawn to a food/pharmaceutical composition that suppresses or improves symptoms of tremor or movement disorder, containing an aldehyde dehydrogenase encoded by a gene with more than 98% homology to the gene of SEQ ID NO: 1.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of copending Application No. 18/519,500 (Kwon), hereinafter referred to as ’500. Although the claims at issue are not identical, they are not patentably distinct from each other because copending claims 1-14 of ‘500, drawn to a composition for promoting decomposition of endogenous aldehyde, containing aldehyde dehydrogenase encoded by a gene with more than 98% homology to the gene of SEQ ID NO: 1 and a composition for promoting endogenous aldehyde decomposition, containing any one or a mixture thereof selected from the group consisting of Saccharomyces cerevisiae KCTC13925BP, KCTC14122BP, KCTC14123BP, KCTC14983BP, KCTC14984BP, and KCTC14985BP, anticipate and/or make obvious instant claims 1-11 drawn to a food/pharmaceutical composition that suppresses or improves symptoms of tremor or movement disorder, containing an aldehyde dehydrogenase encoded by a gene with more than 98% homology to the gene of SEQ ID NO: 1.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-12 and 14-16 of copending Application No. 18/519,523 (Kwon), hereinafter referred to as ’523. Although the claims at issue are not identical, they are not patentably distinct from each other because copending claims 1-4, 6-12 and 14-16 of ‘523 ,drawn to a food composition for improving behavioral and motor function, containing aldehyde dehydrogenase encoded by a gene having more than 98% homology to the gene of SEQ ID NO: 1 and a food/pharmaceutical composition for improving behavior and motor function, further comprising aldehyde dehydrogenase contained in lysate of any one or a mixture thereof selected from the group consisting of KCTC13925BP, KCTC14122BP, KCTC14123BP KCTC14983BP, KCTC14984BP and KCTC14985BP, anticipate and/or make obvious instant claims 1-11 drawn to a food/pharmaceutical composition that suppresses or improves symptoms of tremor or movement disorder, containing an aldehyde dehydrogenase encoded by a gene with more than 98% homology to the gene of SEQ ID NO: 1.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-12, and 14-16 of copending Application No. 18/519,546 (Kwon), hereinafter referred to as ’546. Although the claims at issue are not identical, they are not patentably distinct from each other because copending claims 1-4, 6-12, and 14-16 of ‘546, drawn to a food/pharmaceutical composition for improving memory and cognitive function, containing aldehyde dehydrogenase encoded by a gene having more than 98% homology to the gene of SEQ ID NO: 1 and a food composition for improving memory and cognitive function, comprising aldehyde dehydrogenase contained in lysate of any one or a mixture thereof selected from the group consisting of KCTC13925BP, KCTC14122BP, KCTC14123BP KCTC14983BP, KCTC14984BP and KCTC14985BP, anticipate and/or make obvious instant claims 1-11 drawn to a food/pharmaceutical composition that suppresses or improves symptoms of tremor or movement disorder, containing an aldehyde dehydrogenase encoded by a gene with more than 98% homology to the gene of SEQ ID NO: 1.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of copending Application No. 18/954,826 (Kwon), hereinafter referred to as ’826. Although the claims at issue are not identical, they are not patentably distinct from each other because copending claims 1-7 of ‘826, drawn to a food composition for improving behavioral and motor function, containing aldehyde dehydrogenase encoded by a gene having more than 98% homology to the gene of SEQ ID NO: 1 and a food composition for improving behavior and motor function, further comprising aldehyde dehydrogenase contained in lysate of any one or a mixture thereof selected from the group consisting of KCTC13925BP, KCTC14122BP, KCTC14123BP KCTC14983BP, KCTC14984BP and KCTC14985BP, anticipate and/or make obvious instant claims 1-11 drawn to a food/pharmaceutical composition that suppresses or improves symptoms of tremor or movement disorder, containing an aldehyde dehydrogenase encoded by a gene with more than 98% homology to the gene of SEQ ID NO: 1.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Deza-Ponzio et al., “Aldehyde dehydrogenase 2 in the spotlight: the link between mitochondria and neurodegeneration”, Vol. 68, pg. 19-24 (2018).
Grünblatt et al., “Aldehyde dehydrogenase (ALDH) in Alzheimer’s and Parkinson’s disease”, Vol. 123, pg. 83-90 (2016).
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE T LOUNTOS whose telephone number is (571)272-0502. The examiner can normally be reached Monday-Friday 8:00 am - 5:00 pm.
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/GEORGE THEMISTOCLIS LOUNTOS/Examiner, Art Unit 1652
/RICHARD G HUTSON/Primary Examiner, Art Unit 1652