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 .
Priority
Acknowledgement is made of Applicants’ claim for benefit to prior filed US Provisional application 63/329,687 (filed 04/11/2022).
Claim Status
Claims 1-20 are pending, all of which have been examined on the merits.
Claim Objections
Claims 4-5, 8, 13-15, and 20 objected to because of the following informalities:
“a stabilized spike antigen” in claim 4 (line 1) should read “the stabilized spike antigen”;
“a stabilized spike antigen” in claim 5 (lines 1-2) should read “the stabilized spike antigen”;
“a nucleic acid molecule” in claim 8 (line 1) should read “the nucleic acid molecule”;
“a stabilized spike antigen” in claim 13 (lines 1-2) should read “the stabilized spike antigen”;
“a stabilized spike antigen” in claim 14 (line 1) should read “the stabilized spike antigen”;
“a stabilized spike antigen” in claim 15 (line 1) should read “the stabilized spike antigen”;
“an immunogenic composition” in claim 20 (line 2) should read “the immunogenic composition”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 3 is 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.
The phrase “a sequence as set forth in” in claim 3 (lines 1-2) is indefinite. One of ordinary skill would not be able to reasonably ascertain the invention.
For purposes of compact prosecution and applying prior art, the claim was broadly interpreted to require a stabilized spike antigen comprising the amino acid sequence of SEQ ID NO: 4. For example, “the sequence comprises SEQ ID NO: 4” (claim 3, lines 1-2).
In is noted that any interpretation of the claims set forth above does not relieve Applicant of the responsibility of responding to this rejection. If the actual interpretation of the claims is different than that posited by the Examiner, additional rejections and art may be readily applied in a subsequent final Office action.
Allowable Subject Matter
Claims 1-2, 6-12, and 16-19 are allowed.
Claims 4-5, 8, 13-15, and 20 are allowed subject to the objections above.
Conclusion
CLAIMS 1-2, 6-12, AND 16-19 ARE ALLOWED.
CLAIMS 4-5, 8, 13-15, AND 20 ARE ALLOWED SUBJECT TO THE OBJECTIONS ABOVE.
CLAIM 3 IS REJECTED.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cassandra Senn Grizer whose telephone number is (571)272-2292. The examiner can normally be reached M-Th 0630 - 1700 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas J. Visone can be reached at 571-270-0684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA SENN GRIZER/Examiner, Art Unit 1672
/THOMAS J. VISONE/Supervisory Patent Examiner, Art Unit 1672
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