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 .
Detail Action
Claims 1-9,42-43,58-59,68-69,162-163,166,178-179 and 185-186 submitted on 8/02/2024 are pending for examination.
Applicants’ election on 8/13/2026 with traverse of group I (claims 1,4-9,58-59,68-69,162-163 and 166) directed to adenosine deaminase comprising an amino acid sequence that is at least 80%, 85%, 90%, 95%, 96%, 97%, 98%, 9,0,/0 7 or 100% identical to any one of SEQ ID NOs: 74, 82, 241, 268-270, 36,39-47, 49-52, 59, 71, 75-81, 84-87, 94, 116-140, and 220-240, 242 and species selection of SEQ ID NO: 241, SEQ ID NO: 82, SEQ ID NO: 71, SEQ ID NO: 75, SEQ ID NO: 78, SEQ ID NO: 80, SEQ ID NO: 121, SEQ ID NO: 230, SEQ ID NO: 122, and SEQ ID NO: 94, is considered and is acknowledged. Traversal on the argument that no burden on examiner to examine all the claims is considered but found unpesuassive because claims belong different groups have different class/subclass and examination for searching arts of one class would not all-encompassing arts belong to different class subclass. Therefore Claims 2-3,42-43,178-179 and 185-186 of groups II-IV are withdrawn.
Claims 1,4-9,58-59,68-69,162-163 and 166 will be examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/ 7/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the IDS statement.
Claim Rejections 35 USC § 112 (b)
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, 166 and 4-9,58-59,68-69,162-163 ( depends on claim 1) are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 is indefinite in recitation of “at least 80%, 85%,90%, 95%, 96%, 97%, 98%, 99%, or 100%”.
In the claim limitation of “at least 80%, 85%,90%, 95%, 96%, 97%, 98%, 99%, or 100%” indefiniteness arises because claim includes a broad range and a narrow range within the same claim (e.g., " at least 80% - or - at least 100%,"). A claim with both a broad and a narrow range (e.g., at least 80% -- at least 100%) can be indefinite because it's unclear if the narrow part is required or just exemplary. Correction is required.
Claim 166 is indefinite in recitation of at least 80%, 85%,90%, 95%, 96%, 97%, 98%, 99%, or 100%”.
The in the claim limitation “at least 80%, 85%,90%, 95%, 96%, 97%, 98%, 99%, or 100%” indefiniteness arises because claim includes a broad range and a narrow range within the same claim (e.g., " at least 80% -- at least 100%,"). A claim with both a broad and a narrow range (e.g., at least 80% -- at least 100%) can be indefinite because it's unclear if the narrow part is required or just exemplary. Correction is required.
Claim rejection 35 USC 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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.
Claim(s) 1, 4, 8, 9, 58-59 and 166 is/are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Accession NO: AC A0A2S9IAU6 ( 28-JAN-2026, entry version 25).
AC A0A2S9IAU6 disclose a adenosine deaminase polypeptide has at least 90.4% sequence identity to SEQ ID NO:121, has V104A reads on claims 1, 4, 8, 9, 58-59 and 166.
See sequence alignment below With SEQ ID NO: 121:
RESULT 1
A0A2S9IAU6_9GAMM
ID A0A2S9IAU6_9GAMM Unreviewed; 164 AA.
AC A0A2S9IAU6;
DT 18-JUL-2018, integrated into UniProtKB/TrEMBL.
DT 18-JUL-2018, sequence version 1.
DT 28-JAN-2026, entry version 25.
DE RecName: Full=tRNA-specific adenosine deaminase {ECO:0000256|HAMAP-Rule:MF_00972};
DE EC=3.5.4.33 {ECO:0000256|HAMAP-Rule:MF_00972};
--
Query Match 90.1%; Score 780; Length 164;
Best Local Similarity 91.5%;
Matches 150; Conservative 4; Mismatches 10; Indels 0; Gaps 0;
Qy 1 MSDNNDEYWMRHALMLARRARDEGEVPVGAVLVLEGRAIGEGWNRAIGHHDPTAHAEIMA 60
|||||||||||||||||||| |||||||||||| ||||||||||| ||||||||||||||
Db 1 MSDNNDEYWMRHALMLARRAWDEGEVPVGAVLVHEGRAIGEGWNRPIGHHDPTAHAEIMA 60
Qy 61 LRQGGKVIENYRLLNTTLYVTFEPCVMCAGAMVHSRIGRLVFGVRNGKRGAAGSLLNVLG 120
||||||||||||||||||||| ||||||||||||||||||||| |:|| |||||||:|||
Db 61 LRQGGKVIENYRLLNTTLYVTLEPCVMCAGAMVHSRIGRLVFGARDGKTGAAGSLLDVLG 120
Qy 121 YPGMNHQVQIEEGILATECAAMLCDFYRHPRAVKNAQRQAGKLL 164
:|||||||||||||||||||||| ||:|| || | |||||||||
Db 121 HPGMNHQVQIEEGILATECAAMLSDFFRHRRAEKKAQRQAGKLL 164
AC A0A2S9IAU6 disclose a adenosine deaminase polypeptide has at least 90.4% sequence identity to SEQ ID NO:94, has F190Y reads on claims 1, 68 and 69.
Conclusion
Claims 1,4-9,58-59,68-69,162-163 and 166 are rejected. No claim is allowed.
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Mohammad Meah whose telephone number is 571-272-
1261. The examiner can normally be reached on 8:30-5PM.
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supervisor, Robert Mondesi can be reached on 4089187584. The fax phone number
for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMAD Y MEAH/Examiner, Art Unit 1652
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