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 .
Applicant’s amendment and remarks filed on 7/9/2026 are acknowledged. Claims 1, 4-6, 9-15,17-19, 23, 27, and 30 are amended. Claims 1-33 are pending. Claims 19-20 and 24-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Claims 1-18, 21-23, and 27-33 are currently under examination.
Claim Objections Withdrawn
The objection to claim 10 because of informalities is withdrawn in light of applicant’s amendment thereto.
Claim Rejections Withdrawn
The rejection of claims 11-18 and 30 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the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention is withdrawn in light of applicant’s amendment thereto.
The rejection of claims 1-14 under 35 U.S.C. 102(a)(1) as being anticipated by Giacalone et al (US Patent Application Publication 2012/0207754) is withdrawn in light of applicant’s amendment thereto.
The rejection of claims 1-18, 21-23, and 27-33 under 35 U.S.C. 103 as being unpatentable over Giacalone et al (US Patent Application Publication 2012/0207754) in view of Elena et al (Frontiers in Microbiol., 5:1-8, 2014) is withdrawn in light of applicant’s amendment thereto.
New 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 1-18 and 21-23 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 pre-AIA the applicant regards as the invention. Claims not specifically mentioned are rejected because they include the issue of the parent claim.
Claim 1 is rendered indefinite by the phrase “on a surface of the minicell”. “A surface” implies that there is more than one surface of the minicell. It is not clear how this could be.
Claim 3 is indefinite because it is not clear if the recited recombinant protein is the recombinant protein already required by the parent claim.
Claims 4-6 and 13 are rendered indefinite by the phrase “on the surface”. The parent claim requires the protein to be expressed on “a surface”. This implies that there is more than one surface the protein can be expressed on. Therefore, it is not clear which surface “the surface” is.
Claim 4 is indefinite because it is not clear how the recombinant protein can be present in the cytoplasm if it is required to be on the surface of the minicell.
Conclusion
Claims 27-33 are allowed.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Brian J Gangle whose telephone number is (571)272-1181. The examiner can normally be reached M-F, 9-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Gussow can be reached at 571-272-6047. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN GANGLE/Primary Examiner, Art Unit 1645
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