DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
2. This Office Action is in response to the amendment filed 25 May 2026, wherein Applicant amended claims 1, 4-6, and 10-11 and canceled claim 8.
Claims 1-7 and 9-14 are under consideration.
Priority
3. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Objections Withdrawn
Specification
4. The objection to the specification for hyperlinks is withdrawn in view of Applicant’s amendments.
5. The objection to the specification for use of trade names or trademarks without proper identifier is withdrawn in view of Applicant’s amendments.
Claim Objections
6. The objections to claims 1, 4-6, 8, and 10-11 for informalities are withdrawn in view of Applicant’s amendments.
Rejections Withdrawn
Claim Rejections - 35 USC § 112(b)
7. The rejection of claim 8 (misidentified as claim 9 in the Non-Final Office Action mailed 23 February 2026) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite is withdrawn in view of Applicant’s amendments.
Claim Rejections - 35 USC § 112(a) – Written Description
8. Applicant’s arguments, see page 6 of Applicant’s Remarks/Arguments, filed 25 May 2026, with respect to the rejection of claims 2-4 and 8 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 in regards to an antibody (see section 10 of the Non-Final Office Action mailed 23 February 2026) have been fully considered and are persuasive. The rejection of claims 2-4 and 8 has been withdrawn.
Claim Rejections - 35 USC § 112(a) – Enablement
9. Applicant’s arguments, see pages 6-7 of Applicant’s Remarks/Arguments, filed 25 May 2026, with respect to the rejection of claims 2-4 and 8 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, for not providing enablement for a method of producing an antibody (see section 12 of the Non-Final Office Action mailed 23 February 2026) have been fully considered and are persuasive. The rejection of claims 2-4 and 8 has been withdrawn.
Rejections Maintained
Claim Rejections - 35 USC § 112(a) – Enablement
10. Claims 1-7 and 9-14 remain rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claims are drawn to a Rhabdovirus-negative Spodoptera frugiperda insect cell line WSK-Sf9 that has been deposited with the accession number C202246. However, not all statements or declarations have been provided as related to the Budapest Treaty and that all restrictions imposed by the depositor on the availability to the public of the deposited material will be irrevocably removed upon the granting of a patent.
Applicant’s Arguments: Applicant has submitted a signed statement filed on 25 May 2026 and cited the Instant Specification to show support for the accession number, date of deposit, description of the material, and the name and address of the depository.
Examiner’s Response to Traversal: Applicant’s arguments have been fully considered but they are not found persuasive with respect to the issue below.
The biological deposit statement does not indicate that the deposit has been accepted under the Budapest Treaty nor does it contain a viability statement. See MPEP § 2409, ¶ 2.
New Objections
Claim Objections
Claim 1 is objected to because of the following informalities: The comma after WSK-Sf9 in line 2 should be deleted.
Appropriate correction is required.
Art-free Subject Matter
11. A Rhabdovirus-negative Spodoptera frugiperda insect cell line WSK-Sf9 that has been deposited with the accession number C202246 is free of the prior art of record.
Conclusion
12. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTINA E LY whose telephone number is (571)272-5169. The examiner can normally be reached Monday - Thursday, 8:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Allen can be reached at (571) 270-3497. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTINA E. LY/Examiner, Art Unit 1671
/Michael Allen/Supervisory Patent Examiner, Art Unit 1671
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