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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-11, in the reply filed on 07/10/2026 is acknowledged.
Claims 12-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/10/2026.
Status of the Claims
Claims 1-18 are currently pending.
Claims 8-12, 16, and 17 are amended.
Claims 12-18 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim.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 1-11 have been considered on the merits.
Claim Objections
Claim 4 is objected to because of the following informalities: the reaction in claim 4 should contain the term “yields” since the typical chemical reaction arrow is not permissible in the claims. The reaction in line 3 of claim 4 should read as follows: “oxalate + H+ yields formate + CO2” . Appropriate correction is required.
Claim 6 is objected to because of the following informalities: the phrase “at least 95% identity with the full length of any one of SEQ ID NOs: 1-4” should be amended to “at least 95% identity with the full length sequence of any one of SEQ ID NOs: 1-4” for clarity. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: the phrase “a chimera, a and/or an overexpression…” should be amended to “a chimera, and/or an overexpression”. Appropriate correction is required.
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)/102(a)(2) as being anticipated by Russ et al (WO 2020/123483 A1).
With regards to claim 1, Russ teaches an engineered microbial cell ([0006]) comprising an exogenous nucleic acid encoding at least one oxalate catabolism enzyme ([0009]/[0094]).
Regarding claim 2, Russ teaches wherein the engineered microbial cell is a bacterial cell ([0006]).
Regarding claim 3, Russ teaches wherein the encoded oxalate catabolism enzyme is constitutively expressed in the engineered microbial cell ([0094]).
Regarding claim 4, Russ teaches wherein the at least one oxalate catabolism enzyme is an oxalate decarboxylase that directly catalyzes the reaction of oxalate + H+ yields formate + CO2 ([0009]/ Figure 1).
Regarding claim 5, Russ teaches wherein the at least one oxalate catabolism enzyme is a bacterial oxalate decarboxylase ([0009]/[0079] SEQ ID NO: 40 of Russ has 100% Sequence identity with SEQ ID NO: 1 of instant application).
Regarding claim 6, Russ teaches wherein the at least one oxalate catabolism enzyme comprises at least 95% identity with the full length of any one of SEQ ID NOs: 1-4 ([0009]/[0079] SEQ ID NO: 40 of Russ has 100% Sequence identity with SEQ ID NO: 1 of instant application).
Regarding claim 7, Russ teaches wherein the oxalate decarboxylase is a functional fragment or variant thereof which meets the limitations of a mutant oxalate decarboxylase, a chimera, and/or an overexpression variant of the oxalate decarboxylase ([0009]).
Regarding claim 8, Russ teaches wherein the engineered microbial cell is present in a composition comprising an enteric coating and/or preservative ([0023]/[0106]).
Regarding claim 9, Russ teaches wherein the composition is a pharmaceutical composition ([0023]).
Regarding claim 10, Russ teaches wherein the pharmaceutical composition comprises a pharmaceutically acceptable carrier ([0023]).
Regarding claim 11, Russ teaches wherein the engineered microbial cell is located within the enteric coating ([0023]).
Therefore, Russ anticipates the claims.
Conclusion
No claims are allowed.
Examiner Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONSTANTINA E STAVROU whose telephone number is (571)272-9899. The examiner can normally be reached M-F 8:00-5:00.
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CONSTANTINA E. STAVROU
Examiner
Art Unit 1632
/TITILAYO MOLOYE/Primary Examiner, Art Unit 1632
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