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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/31/2026 has been entered.
Applicant’s amendment of claims 1, in the paper of 3/31/2026, is acknowledged. Applicants' arguments filed on 3/31/2026, have been fully considered and are deemed to be persuasive to overcome some of the rejections previously applied. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. Claims 1-15, 17-21 are still at issue and are present for examination.
Election/Restrictions
Applicant's election without traverse of the invention of Group 1, claim 1-15 to a recombinant yeast cell, in the paper of 5/25/2025, is acknowledged.
Applicant's election without traverse of the following species:
Species Group 1: E.C. 2.7.1.29;
Species Group 2: E.C. 1.2.1.10;
Species Group 3: Each of E.C. 1.1.1.6 (NAD+ linked glycerol dehydrogenase);
Species Group 4: an enzyme having phosphoketolase (PKL) activity selected from EC 4.1.2.9;
Species Group 5: an enzyme having phosphotransacetylase (PTA) activity (EC 2.3.1.8);
Species Group 6: Each of enzyme having acetate kinase (ACK) activity (EC 2.7.2.12);
Species Group 7: the enzyme NAD+ dependent acetylating acetaldehyde dehydrogenase activity of sequence according SEQ ID NO:22;
Species Group 8: the glycerol transporter of SEQ ID NO: 14;
Species Group 9: the yeast Saccharomyces cerevisiae;
Species Group 10: the fermentation product ethanol;
in the paper of 5/25/2025, is acknowledged.
Applicant's election without traverse of the following species:
Species Group 11: The deletions/reductions in activity of glycerol-3-phosphate dehydrogenase activity listed in claims 12
in the paper of 9/15/2025, is acknowledged.
Claims 3, 5, 9, 10, 11, 13 and 17-21 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
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, 2, 4, 6, 7, 8, 12, 14, 15 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.
Claim 1 (claims 2, 4, 6, 7, 8, 12, 14, 15 dependent on) is indefinite in the newly added recitation “a glycerol synthesis pathway comprising genes encoding glycerol-3-phosphate dehydrogenases GPD1 and GDP2 and genes encoding glycerol 3-phosphate phosphohydrolases GPP1 and GPP2” in that it is unclear and confusing what a glycerol synthesis pathway comprising genes encoding glycerol-3-phosphate dehydrogenases GPD1 and GDP2 and genes encoding glycerol 3-phosphate phosphohydrolases GPP1 and GPP2 is. Applicants specification does not help the indefiniteness with regard to the above recitation as applicants specification does not discuss any glycerol synthesis pathways comprising genes encoding glycerol-3-phosphate dehydrogenases GPD1 and GDP2 and genes encoding glycerol 3-phosphate phosphohydrolases GPP1 and GPP2. In the interest of advancing prosecution, the recitation is interpreted as “a glycerol synthesis pathway comprising the glycerol-3-phosphate dehydrogenases GPD1 and GDP2 and the glycerol 3-phosphate phosphohydrolases GPP1 and GPP2”.
Appropriate correction and/or comment is required.
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 1, 2, 4, 6, 7, 8, 12, 14, 15 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 (claims 2, 4, 6, 7, 8, 12, 14, 15 dependent from) are directed recombinant yeast cell comprising: - one or more genes encoding an enzyme having glycerol dehydrogenase activity; - one or more genes encoding a dihydroxyacetone kinase ([[E.C.]] EC 2.7.1.28 and/or [[E.C.]] EC 2.7.1.29); - one or more genes encoding an enzyme having phosphoketolase (PKL) activity (EC 4.1.2.9 or EC 4.1.2.22) or an enzyme having an amino acid sequence set forth by SEQ ID NO: 5, 6, 7, or 8 or functional homologues thereof having a sequence identity of at least 70% to the amino acid sequence set forth by SEQ ID NO: 5, 6, 7, or 8;
- one or more genes encoding an enzyme having phosphotransacetylase (PTA) activity (EC 2.3.1.8) or an enzyme having an amino acid sequence set forth by SEQ ID NO: 9, 10, 11, or 12 or functional homologues thereof having a sequence identity of at least 70% to the amino acid sequence set forth by SEQ ID NO: 9, 10, 11, or 12;
- one or more genes encoding an enzyme having at least NAD+ dependent acetylating acetaldehyde dehydrogenase activity (EC 1.2.1.10 or EC 1.1.1.2); [[and]] - one or more genes encoding a glycerol transporter and - a glycerol synthesis pathway comprising genes encoding glycerol-3-phosphate dehydrogenases GPD1 and GDP2 and genes encoding glycerol 3-phosphate phosphohydrolases GPP1 and GPP2. Support for the newly added recitation “a glycerol synthesis pathway comprising genes encoding glycerol-3-phosphate dehydrogenases GPD1 and GDP2 and genes encoding glycerol 3-phosphate phosphohydrolases GPP1 and GPP2” and those claimed recombinant yeast cells comprising a glycerol synthesis pathway comprising genes encoding glycerol-3-phosphate dehydrogenases GPD1 and GDP2 and genes encoding glycerol 3-phosphate phosphohydrolases GPP1 and GPP2 is not found in applicants specification at the time of filing and is thus considered new matter.
Applicant is referred to the revised guidelines concerning compliance with the written description requirement of U.S.C. 112, first paragraph, published in the Official Gazette and also available at www.uspto.gov.
Claim Rejections - 35 USC § 102
The rejection of claims 1, 2, 4, 6, 7, 8, 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klassen et al. (WO2015/028583) is withdrawn based upon applicants amendment of the claims in the paper of 9/15/2025.
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 rejection of claims 1, 2, 4, 6, 7, 8, 12, 14-15 under 35 U.S.C. 103 as being unpatentable over Klassen et al. (WO 2015/028583) in view of Shaw et al. (WO 2014/081803) is withdrawn based upon applicants amendment of the claims in the paper of 9/15/2025.
The rejection of claims 1, 2, 4, 6, 7, 8, 12, 14, 15 under 35 U.S.C. 103 as being unpatentable over Klassen et al. (WO2015/028583), Shaw et al. (WO 2014/081803), Argyros et al. (US 2016/0194669) and Mueller et al. (WO 2009/013159) as evidenced by Bertels et al. (Biomolecules, 11, 725, May 2021) is withdrawn based upon applicants amendment of the claims in the paper of 3/31/2026. Specifically the references do not make obvious the claimed recombinant yeast cell wherein the cell comprises a glycerol synthesis pathway comprising genes encoding glycerol-3-phosphate dehydrogenases GPD1 and GDP2 and genes encoding glycerol 3-phosphate phosphohydrolases GPP1 and GPP2 (see above rejection under 112 (b)).
Remarks
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD G HUTSON whose telephone number is (571)272-0930. The examiner can normally be reached on 6-3 EST Mon-Fri.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Mondesi can be reached on (571) 272-0956. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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rgh
4/20/2026
/RICHARD G HUTSON/Primary Examiner, Art Unit 1652