DETAILED ACTION
Status of the Claims
Claims 1-14 and 16 are pending
A preliminary amendment filed on 04/25/2024 amending the specification is acknowledged.
A preliminary amendment filed on 11/11/2024 amending claims 3-11, 13 and 14, cancelling claim 15 and adding claim 16 is acknowledged.
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 election without traverse of Group II, claims 12-14 and species election of (1) the combination of an alpha 1,4-glucosidase (E.C. 3.2.1.3), alpha 1,6-glucosidase (E.C. 3.2.1.10), beta-glucosidase (E.C. 3.2.1.21 ), and alpha 1,1-glucosidase (E.C.3.2.1.28), (2) a protein having glycerol transporter activity, (3) the combination of alpha 1,4-glucosidase, alpha 1,6-glucosidase, beta-glucosidase, and alpha 1, 1-glucosidase and (4) the nucleotide sequence encoding a protein having glycerol transporter activity in the reply filed on 06/10/2026 is acknowledged.
Claims 1-11 and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/10/2026.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119
(a)-(d). The certified copy has been filed in parent Application No. EP21206522.1 filed on
11/04/2021. The instant application is a 371 national stage application of PCT/EP2022/080762
filled on 11/04/2022.
Specification
The disclosure is objected to because it contains an embedded hyperlink and/or other
form of browser-executable code. Applicant is required to delete the embedded hyperlink and/or
other form of browser-executable code; references to websites should be limited to the top-level
domain name without any prefix such as http:// or other browser-executable code. See MPEP §
608.01. See pages 9, 11 and 42.
The disclosure is objected to because of the following informalities: For Example 1-3, trehalase (EC 3.2.1.28) is named alpha 1,4-glucosidase. The name should be changed to alpha 1,1-glucosidase. Appropriate correction is required.
Claim Rejections - 35 USC § 112(a) Written Description
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 12-14 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As stated in MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. Claim 12 is directed in part to a recombinant Saccharomyces yeast cell expressing: a first nucleotide sequence encoding a first protein having alpha-1,4-glucosidase activity; and a further nucleotide sequence encoding a further protein having a glucosidase activity other than an alpha-1,4-glucosidase activity. Claim 13 is directed in part to the yeast cell of claim 12 that expresses a first nucleotide sequence encoding a first protein having alpha-1,4-glucosidase activity; and/or a further nucleotide sequence encoding a further protein having alpha-1,6-glucosidase activity and/or a further nucleotide sequence encoding a further protein having alpha-1,1-glucosidase activity and/or a further nucleotide sequence encoding a further protein having beta-glucosidase activity. Claim 14 is directed in part to the recombinant Saccharomyces yeast cell according to claim 12, further functionally expressing: a nucleotide sequence encoding a protein comprising phosphoketolase activity (EC 4.1.2.9 or EC 4.1.2.22); and/or a nucleotide sequence encoding a protein having phosphotransacetylase (PTA) activity (EC 2.3.1.8); and/or a nucleotide sequence encoding a protein having acetate kinase (ACK) activity (EC 2.7.2.12); and/or a nucleotide sequence encoding a protein having ribulose-1,5-biphosphate carboxylase oxygenase (Rubisco) activity; and/or a nucleotide sequence encoding a protein having phosphoribulokinase (PRK) activity; and/or a nucleotide sequence encoding a protein comprising NADH dependent acetylating acetaldehyde dehydrogenase activity; and/or a nucleotide sequence encoding a protein comprising acetyl-CoA synthetase activity; and/or a nucleotide sequence encoding a protein comprising alcohol dehydrogenase activity; and/or a nucleotide sequence encoding a protein having glycerol dehydrogenase activity (E.C.1.1.1.6); and/or a nucleotide sequence encoding a protein having dihydroxyacetone kinase activity (E.C. 2.7.1.28 or E.C. 2.7.1.29); and/or a nucleotide sequence encoding a protein having glycerol transporter activity.
The specification discloses support for a Wildtype Ethanol Red® parental strain which is a Saccharomyces cerevisiae yeast strain that is used in the production of ethanol that has been modified to make intermediate strain IX1 with a genotype (Δhis3 cbbM HIS3-GroEL-prk-GroES Sc_DAK1-Ec_gldA-Zrou_T5), Comparative strain A, expressing P. strigosozonata alpha 1,4-glucosidase with a genotype (IX1, INT59::PGK1.pro-GA.orf_0048-ENO1.ter), Example strain Nx1 expressing P. strigosozonata alpha 1,4-glucosidase, T. coccinea alpha 1,6-glucosidase, A. kawachii beta-glucosidase and T. cellulolyticus alpha 1,1-glucosidase with a genotype (IX1, INT59::2J Spar_TDH3.pro-Pstr_GA.orf_0009-Sc_ADH1.ter-2K Sc_PFY1.pro-Tcoc_GLA.orf-Sc_TDH1.ter-2L Sc_ACT1.pro-Akaw_BG17.orf-Sc_ENO1.ter-2M Sc_YKT6.pro-Tcel_Tre17.orf-Sc_CYC1.ter-2N), Example strain NX2 expressing P. strigosozonata alpha 1,4-glucosidase, T. coccinea alpha 1,6-glucosidase, A. kawachii beta-glucosidase and T. cellulolyticus alpha 1,1-glucosidase with a genotype (IX1, INT59::2J Sc_PGK1.pro-Pstr_GA.orf_0009-Sc_ENO1.ter-2K Sc_RPS3.pro-Tcoc_GLA.orf-Sc_TDH1.ter-2L Sc_ACT1.pro-Akaw_BG17.orf-Sc_ENO1.ter-2M Sc_YKT6.pro-Tcel_Tre17.orf-Sc_CYC1.ter-2N) and Example strain NX3 expressing P. strigosozonata alpha 1,4-glucosidase, T. coccinea alpha 1,6-glucosidase, A. kawachii beta-glucosidase and T. cellulolyticus alpha 1,1-glucosidase with a genotype (IX1, INT59::2J Sc_PGK1.pro-Pstr_GA.orf_0009-Sc_ENO1.ter-2K Sc_RPS3.pro-Tcoc_GLA.orf-Sc_TDH1.ter-2L Sc_ZUO1.pro-Akaw_BG17.orf-Sc_ADH1.ter-2M Sc_MYO4.pro-Tcel_Tre17.orf-Sc_AQR1.ter-2N) (see Table 2, pg.43).
In Table 1 of the specification, there are sequences (protein and nucleotide) for each of the enzymes that are specific for Punctularia strigosozonata (SEQ ID No: 1-13), Myceliophthora sepedonium (SEQ ID No:14), Aspergillus niger (SEQ ID No: 15), Trichoderma reesei (SEQ ID No: 16), Botryotinia fuckeliana (SEQ ID No: 17), Auricularia delicata (SEQ ID No: 18), Talaromyces stipitatus (SEQ ID No:19), Piriformospora indica (SEQ ID No: 20), Saccharomycopsis fibuligera (SEQ ID No: 21) and Saccharomyces cerevisiae (SEQ ID No: 22) for alpha-1,4-glucosidase, Trametes coccinea (SEQ ID No: 24-25), Hypocrea jecorina (SEQ ID No:26-27), Trametes cingulate (SEQ ID No:28-29) for alpha-1,6-glucosidase, Aspergillus aculeatus (SEQ ID No: 30-31), Aspergillus flavus (SEQ ID No: 32-33), Aspergillus kawachii (SEQ ID No: 34-35) for beta-glucosidase and Talaromyces cellulolyticus (SEQ ID No: 36-37) for alpha-1,1-glucosidase. The specification has written description support for Z. rouxii T5 glycerol transporter (see pg. 44, Intermediate “Rubisco” strain (IX1) and Table 2, see pg. 43). The claims as written encompass additional glucosidases and glycerol transporters that are not shown to be in possession at filing.
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 12-14 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Rice et al. (WO2017/077504A1, Applicant Cited Reference in IDS filed on 04/25/2024, #17).
Claim 12 is directed in part to a recombinant Saccharomyces yeast cell expressing: a first nucleotide sequence encoding a first protein having alpha-1,4-glucosidase activity; and a further nucleotide sequence encoding a further protein having a glucosidase activity other than an alpha-1,4-glucosidase activity.
Claim 13 is directed in part to the yeast cell of claim 12 that expresses a first nucleotide sequence encoding a first protein having alpha-1,4-glucosidase activity; and/or a further nucleotide sequence encoding a further protein having alpha-1,6-glucosidase activity and/or a further nucleotide sequence encoding a further protein having alpha-1,1-glucosidase activity and/or a further nucleotide sequence encoding a further protein having beta-glucosidase activity.
Rice et al. teaches a recombinant yeast host cell, wherein the yeast host cell is from the genus Saccharomyces (see claim 25) and from the species Saccharomyces cerevisiase (see claim 26). Rice et al. teaches the recombinant yeast cell has a first modification allowing the production of the heterologous glucoamylase (alpha-1,4-glucosidase) and a second modification allowing the production of the heterologous trehalase (alpha-1,1-glucosidase) (see claim 6, pg. 42).
Claim 14 is directed in part to the recombinant Saccharomyces yeast cell according to claim 12, further functionally expressing: a nucleotide sequence encoding a protein comprising phosphoketolase activity (EC 4.1.2.9 or EC 4.1.2.22); and/or a nucleotide sequence encoding a protein having phosphotransacetylase (PTA) activity (EC 2.3.1.8); and/or a nucleotide sequence encoding a protein having acetate kinase (ACK) activity (EC 2.7.2.12); and/or a nucleotide sequence encoding a protein having ribulose-1,5-biphosphate carboxylase oxygenase (Rubisco) activity; and/or a nucleotide sequence encoding a protein having phosphoribulokinase (PRK) activity; and/or a nucleotide sequence encoding a protein comprising NADH dependent acetylating acetaldehyde dehydrogenase activity; and/or a nucleotide sequence encoding a protein comprising acetyl-CoA synthetase activity; and/or a nucleotide sequence encoding a protein comprising alcohol dehydrogenase activity; and/or a nucleotide sequence encoding a protein having glycerol dehydrogenase activity (E.C.1.1.1.6); and/or a nucleotide sequence encoding a protein having dihydroxyacetone kinase activity (E.C. 2.7.1.28 or E.C. 2.7.1.29); and/or a nucleotide sequence encoding a protein having glycerol transporter activity.
Rice et al. teaches that the recombinant yeast cell comprises a fifth genetic modification for regulating glycerol synthesis (see claim 11, pg. 43) and the enzyme that functions to regulating glycerol synthesis is a STL1 polypeptide (a glycerol transporter) (see claim 12, pg. 43). Therefore, the teachings of Rice et al. anticipate the instant claims as written/interpreted.
Conclusion
No claims are in condition for allowance.
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/DALTON EDWARD KIEFER/Examiner, Art Unit 1652
/ROBERT B MONDESI/Supervisory Patent Examiner, Art Unit 1652
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