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 .
Claims 1-40 are pending and are under examination.
Information Disclosure Statement
The information disclosure statement filed 5/20/24, 9/6/24 and 7/15/25 has been considered and initialed copies are enclosed.
Claim Objections
Claims 6-9, 20, 21, 23, 30-32 and 36-38 are objected to because of the following informalities:
In claim 6, please insert a space between “from” and “7” in line 6.
In claim 6, acronyms are permissible, however, the full meaning should be included in the first recitation. See claim 6 reciting the acronym “HLB”.
In claim 7, please insert a space between “from” and “7.5” in line 2.
In claim 9, please insert a space between “500” and “mM” in line 2.
In claim 20, please insert a space between “from” and “7” in line 3.
In claim 21, please insert a space between “from” and “7.5” in line 2.
In claim 23, please insert a space between “500” and “mM” in line 2.
In claim 30, please insert a space between “1.5” and “M” in line 1.
In claim 30, please insert a space between “500” and “mM” in line 1.
In claim 36, please insert a space between “from” and “7” in line 3.
In claim 37, please insert a space between “from” and “7.5” in line 2.
In claim 40, “wherein in the step” should “wherein in the step to prepare the mixture solution”.
Appropriate correction is required.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because the abstract is 164 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 11, 25 and 33-40 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 recites “…in particular Escherichia species, Staphylococcus species, and Streptococcus species.”
Description of examples or preferences is properly set forth in the specification rather than the claims. If stated in the claims, examples and preferences may lead to confusion over the intended scope of a claim.
It is not clear whether the claims are limited to only at least one bacterial species elected from Escherichia species, Staphylococcus species, and Streptococcus species or that the other bacterial species are optional.
In addition in claim 40, the claim recites that the bacteriolysis enzyme which includes all four bacteriolysis enzymes can lyse all of the Escherichia species, the staphylococcus species, and the streptococcus species. However, claim 33 recites that the lysozyme can lyse the Escherichia, the lysostaphin can lyse the Staphylococcus species, and the lysozyme, acetyl glucosaminidase, and endopeptidase can lyse the Streptococcus species. The metes and bounds of claim 40 is not clear because the enzymes lyse each bacteria as set forth in claim 33 or all the enzymes lyse all of the same bacteria.
Status of Claims
Claims 6-9, 20, 21, 23, 30-32 and 36-38 are objected to.
Claims 1-5, 10, 12-19, 22, 24 and 26-29 are allowable.
Claims 11, 25 and 33-40 are rejected.
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/OLUWATOSIN A OGUNBIYI/Primary Examiner, Art Unit 1645