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 .
Applicant’s response to restriction requirement filed 7/27/26 is acknowledged. Applicant elected Group I (claims 1-3) without traverse. Applicant also chose SEQ ID NO:3 as an elected species.
Claims 10, 12, 15-16, 18, 20, 24 are canceled.
Claims 4-9, 11, 13-14, 17, 19, 21-23, 25-27 are hereby withdrawn as drawn to non-elected subject matter.
Applicant must rest assured that once the elected invention becomes allowable the examiner will consider methods of making and using Saud product under provisions of re Ochiai.
DETAILED ACTION
Claims 1-3 are under examination on the merits.
SEQ ID NO:1 and SEQ ID NO:2 are hereby rejoined with the elected invention.
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)(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.
Claim 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nagani et al., “Nagani” (US Patent No. 11,372,007, 6/2022). Nagani teaches (see its SEQ ID NO:12, attached) a chemiluminescent indicator polypeptide displaying an amino acid sequence displaying 96.4% identity to instant SEQ ID NO:1 prior to this invention, anticipating claim 1.
Allowable Subject Matter
Claims 2-3 appear to be free of prior art. Further, the prior art fails to suggest such specifically claimed products. Hence, said claims are also non-obvious. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARYAM MONSHIPOURI whose telephone number is (571)272-0932. The examiner can normally be reached full-flex.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melenie L Gordon can be reached at 571-272-8037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARYAM MONSHIPOURI/Primary Examiner, Art Unit 1651
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