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 of species: Fructobacillus fructosus NBRC3516 strain in the reply filed on 07/16/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-6 are pending (claim set filed 07/24/2024) and are examined on the merits herein.
Priority
This application is a DIV of 17/642,626 files 03/11/2022 which is a 371 of PCT/JP2020/037902 filed 10/06/2020. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) based on JP 2019-187501 filed 10/11/2019. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement, (IDS) submitted on 07/24/2024, 10/29/2024 and 06/23/2026 comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohtsu (Ohtsu et al. BBRC, 1967, 29, 635-641 on record in IDS) and as evidenced by NBRC 3516 (NITE-NBRC Culture Catalogue on record in IDS) and Kodama (Kodama J. Agr. Chem. Soc. Japan, 1956, 30, 219-224 on record in IDS).
Regarding claim 1, Ohtsu teaches that Lactobacillus fructosus possesses NAD biosynthesis pathway (Abstract). Ohtsu discloses culturing L. fructosus on nicotinamide and confirmation of activities of at least two enzymes of the NAD biosynthesis pathway, i.e. nicotinamide mononucleotide (NMN) and NAD pyrophosphorylases (p.636, Table 1 and p. 637, 2nd paragraph). Lactobacillus fructosus was renamed to Fructobacillus fructosus, as evidenced by NBRC 3516 (p.1, Synonymous Name).
Regarding claim 2, Ohtsu teaches culturing L. fructosus in fructose-free medium, i.e. in glucose (2%)-polypeptone (0.5%) media supplemented with yeast extract (0.5%) and nicotinamide (p. 636, Table 1).
Regarding claims 3-6, Ohtsu teaches L. fructosus strain identified by Kodama (p. 635, p. 641, Reference: Kodama J. Agr. Chem. Soc. Japan, 30, 219 (1956)). Kodama identified that strain as strain 353 as evidenced by Kodama (Kodama J. Agr. Chem. Soc. Japan, 1956, 30, 219-224). That strain is the same as strain NBRC3516 (elected species) as evidenced by NBRC 3516 (p. 1, Other No.). Therefore, Ohtsu teaches instant Fructobacillus fructosus NBRC3516 strain.
Thus, Ohtsu teaches: (i) the same process step of Fructobacillus culturing, (ii) the same strain NBRC3516, (iii) the same conditions of culturing in fructose-free medium and (iv) indicates presence of NAD biosynthesis pathway in Fructobacillus fructosus NBRC3516 strain. Therefore, culturing of Fructobacillus fructosus NBRC3516 strain will inherently produce culture containing nicotinamide riboside. Thus, Ohtsu teaching as evidenced by NBRC 3516 and Kodama anticipates claims 1-6.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIOUBOV G KOROTCHKINA whose telephone number is (571)270-0911. The examiner can normally be reached Monday-Friday: 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sharmila G Landau can be reached at (571)272-0614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.G.K./Examiner, Art Unit 1653
/SHARMILA G LANDAU/Supervisory Patent Examiner, Art Unit 1653
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