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 .
Status of the Claims
Claims 3-4, 6, 8-10, 12, 16, 21, 23-24, 30-33, 35-37, 39-42, and 48-49 are cancelled.
Claims 1-2, 5, 7, 11, 13-25, 17-20, 22, 25-29, 34, 38, and 43-47 are pending.
Claims 1-2, 5, 7, 11, 13-25, 17-20, 22, 25-29, 34, 38, and 43-47 are examined herein.
Claims 1-2, 5, 7, 11, 13-25, 17-20, 22, 25-29, 34, 38, and 43-47 are rejected.
Priority
Application No. 18/869,007 filed on 09/28/2025 is a 371 of PCT/CN2023/096198 filed on 05/25/2023, and also claims foreign priority to CN202310363943.X filed on 04/06/2023 and CN202210580767.0 filed on 05/25/2022.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
No English translation of any of the priority documents has been filed. Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Claim Objections
Claim 5 is objected to because of the following informalities: Claim 5 recites “The genome editing system of according to claim 1, wherein the CRISPR nuclease is a CRISPR nickase, such as a Cas9 nickase or a variant thereof, such as the Cas9 nickase or the variant thereof comprising a sequence selected from the group consisting of SEQ ID NOs: 2 and 42-43.” Applicant should delete “of” before the word “according”. Additionally, Applicant should consider amending the claim to improve clarity by deleting the redundant recitation of “such as the Cas9 nickase or the variant thereof”. With these amendments, the claim should read “The genome editing system .
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Indefiniteness
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 1-2, 5, 7, 11, 13-25, 17-20, 22, 25-29, 34, 38, and 43-47 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 1 recites the limitation "the first foreign nucleotide sequence" in the last line. There is no previous recitation of a first foreign nucleotide sequence. For this reason, there is insufficient antecedent basis for this limitation in the claim.
Claims 2, 5, 7, 11, 13-25, 17-20, 22, 25-29, 34, 38, and 43-47 are rejected as a function of their dependency.
Regarding claims 19, 26, 29, 34, and 43, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 20 is further rejected as a function of dependency.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 15, 17, 19, 29, and 34 recite at least one broad recitation, and the claims also recite “preferably…” or “especially” which is the narrower statement of the previous range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 20 is further rejected as a function of dependency.
Regarding claims 5, 11, 13, 15, 18, and 43, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 47 is indefinite because it incorporates by reference Tables 1 and 2. Where possible, claims are to be complete in themselves. Incorporation by reference to a specific figure or table "is permitted only in exceptional circumstances where there is no practical way to define the invention in words and where it is more concise to incorporate by reference than duplicating a drawing or table into the claim. Incorporation by reference is a necessity doctrine, not for applicant’s convenience." Ex parte Fressola, 27 USPQ2d 1608, 1609 (Bd. Pat. App. & Inter. 1993) See MPEP 2173.05(s).
Claim 20 recites the limitation "the first and the second segment". However, there is no previous recitation of a first and second segment, therefore there is insufficient antecedent basis for this limitation in the claim.
For purposes of examination, the claim is interpreted to mean the first and second fragment of a first and second fragment recited in claim 19 (from which claim 20 depends).
Claim 34 recites the limitation "said guided editing fusion protein of i)-b)". There is no previous recitation of a guided editing fusion protein, and therefore there is insufficient antecedent basis for this limitation in the claim. There is, however, a previous recitation of “a prime editing fusion protein” in claim 1. Applicant should amend claim 34 to properly reference the prime editing fusion protein.
Claim 43 recites “the plant cell, tissue, or complete plant that has been introduced into the genome editing system”. However, a plant cell, tissue, or complete plant cannot be “introduced into” a genome editing system. Rather, a genome editing system is introduced into a plant cell, tissue, or complete plant, similar to as described in claim 38. Because a plant cell, tissue, or complete plant cannot be “introduced into” a genome editing system, the claim is indefinite. Applicant should amend the claim so that it reads the genome editing system is introduced into the plant.
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 1-2, 5, 7, 13, 15, 17-20, 25-26, 38, and 43-44 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gao (WO-2021082830-A1).
Regarding claim 1, Gao discloses a plant genome editing system for targeted modification of plant genomes, which comprises a fusion protein and/or an expression construct containing a nucleotide sequence encoding the fusion protein, wherein the fusion protein comprises CRISPR nickase and reverse transcriptase (i.e. a prime editing fusion protein and/or an expression construct comprising a nucleotide sequence encoding the prime editing fusion protein, wherein the prime editing fusion protein comprises CRISPR nuclease and reverse transcriptase) (claim1 of Gao). Gao further discloses the system comprises an expression construct containing a nucleotide sequence encoding the at least one pair of pegRNA (i.e. a first pegRNA and/or an expression construct comprising a nucleotide sequence encoding said first pegRNA, and iii) a second pegRNA and/or an expression construct containing a nucleotide sequence encoding the second pegRNA )(claim 10 of Gao). Gao discloses the at least one pegRNA comprises a guide sequence (i.e. a prime sequence), a scaffold sequence, a reverse transcription (RT) template sequence and a primer binding site (PBS) sequence from 5' to 3' direction (i.e. wherein the first and second pegRNA comprise a first and second prime sequence, a first and second scaffold (scaffold) sequence, a first and second reverse transcription template (RT) sequence and a first and second primer binding site (PBS) sequence from 5' to 3' direction). Gao discloses wherein the PAM of the target sequence of one pegRNA in the pegRNA pair is located on the sense strand, and the PAM of the other pegRNA is located on the antisense strand (i.e. wherein the first pegRNA targets a first target sequence on the sense strand of plant genomic DNA, and the second pegRNA targets a second target sequence on the antisense strand of plant genomic DNA) (claim 12 of Gao). Finally, Gao discloses wherein the RT template sequence is set to correspond to the sequence downstream of the nick, and contains desired modifications, including substitutions or deletions of one or more nucleotides (i.e. reasonably interpreted as wherein the first RT sequence and the second RT sequence are used to insert the first foreign nucleotide sequence, especially given the gene editing system of Gao is identical to that instantly claimed) (Claim 7 of Gao).
Regarding Claim 2, Gao discloses the pegRNA can form a complex with the fusion protein and target the fusion protein to a target sequence in the genome, resulting in a nick in the target sequence (Claim 1 of Gao).
Regarding claim 5, Gao discloses wherein the fusion protein comprises CRISPR nickase (Claim 1 of Gao).
Regarding claim 7, Gao discloses herein the reverse transcriptase is M-MLV reverse transcriptase (Claim 3 of Gao).
Regarding claim 13, Gao discloses the CRISPR nickase in the fusion protein may be fused to the N-terminus of the reverse transcriptase directly or through a linker (¶0071).
Regarding claim 15, Gao discloses the guide (i.e. prime) sequence is set to have sufficient sequence identity with the target sequence in the genome so that the fusion protein can be targeted to the target sequence and cause a nick in the target sequence (Claim 9 of Gao). Gao also discloses wherein the nick induced by the pegRNA of the sense strand is located upstream (5' direction) of the site to be modified, and the nick induced by the pegRNA of the antisense strand is located downstream (the 3' direction) of the site to be modified (claim 13 of Gao). Thus, Gao is reasonably interpreted to disclose wherein the prime sequence in the first and second pegRNA may have sufficient sequence identity to the first and second target sequence such that the first and second pegRNA's complex with a CRISPR nuclease results in a nick in the first and second target sequence.
Regarding claim 17, Gao discloses wherein the primer binding sequence is set to be complementary to at least a part of the target sequence (Claim 6 of Gao).
Regarding claim 18, Gao discloses wherein the RT template sequence is set to a sequence corresponding downstream of the incision and contains the desired modification, which includes addition of one or more nucleotides (i.e. the RT template sequence of Gao being set a sequence downstream of the incision and having the desired modifications including the addition of nucleotides is reasonably interpreted as wherein the RT sequence is configured to generate an exogenous nucleotide sequence or part thereof to be inserted into the genome after reverse transcription using it as a template) (Claim 8 of Gao).
Regarding claim 19, Gao discloses the gene editing system above, wherein the RT template sequence is set to a sequence corresponding downstream of the incision and contains the desired modification including addition of one or more nucleotides (Claim 8 of Gao), wherein the two pegRNAs in the pegRNA pair are set as target sequences on different strands of the genomic DNA (claim 11 of Gao), wherein the PAM of the target sequence of one pegRNA in the pegRNA pair is located on the sense strand, while the PAM of the other pegRNA is located on the antisense strand (claim 12 of Gao), wherein the two pegRNA-induced incisions are located on either side of the site to be modified (Claim 13 of Gao), wherein the pegRNA-induced notch for the sense strand is located upstream (5' direction) of the site to be modified, and the pegRNA- induced notch for the antisense strand is located downstream (3' direction) of the site to be modified (claim 14 of Gao). Thus, it is reasonably interpreted that Gao discloses wherein the first RT sequence and the second RT sequence are used to insert a first exogenous nucleotide sequence.
Regarding claim 20, Gao discloses wherein two pegRNAs in the pegRNA pair are set to import the same desired modification (Claim 16 of Gao). Because the two pegRNAs are set to introduce the same desired modification, which may be an addition of one or more nucleotides (Claims 8 and 16 of Gao), the first fragment and the second fragment of the first exogenous nucleotide sequence to be inserted must at least partially overlap.
Regarding claim 25, Gao discloses in some specific embodiments, the 5' end of the pegRNA is connected to the 3' end of the first ribozyme (¶0084).
Regarding claim 26, Gao discloses type II promoters are suitable to transcribe pegRNA (¶0175).
Regarding claim 38, Gao discloses a method for producing a genetically modified plant, comprising introducing the genome editing system of any one of claims 1-16 into at least one of the plants, thereby causing a modification in the genome of the at least one plant (Claim 17 of Gao).
Regarding claim 43, Gao discloses wherein the method further includes culturing plant cells, tissues, or intact plants that have been introduced into the genome editing system at elevated temperatures, for example, the elevated temperature is 37°C (Claim 19 of Gao).
Regarding claim 44, Gao discloses a method for producing genetically modified plants, comprising introducing the genome editing system of any one of claims 1-16 into at least one of the plants, thereby resulting in modifications in the genome of at least one plant, such as the modifications including substitution, deletion, and/or addition of one or more nucleotides (Claim 16 of Gao). Based on this disclosed method of Gao, the ordinary artisan would interpret this introduction as a single transformation step wherein components of the genome editing system are simultaneously introduced into the plant. Even without this interpretation, because the pegRNA’s comprise a prime/guide sequence, scaffold sequence, reverse transcription (RT) template sequence, and primer binding site (PBS) and the pegRNA’s are at least each in a single expression construct, the introduction of one pegRNA into the plant satisfies the claimed requirement of wherein components of the genome editing system are simultaneously introduced into the plant.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Gao as applied to claim 1 above, and further in view of Chen (CN-113549648-A).
Regarding claim 11, Gao teaches the limitations of claim 1 as set forth in the previous anticipation rejection. The teachings of Gao as they are applied to claim 1 are set forth previously herein and are incorporated by reference.
However, Gao does not explicitly teach the genome editing system according to claim 1, wherein the reverse transcriptase is fused with an RNA aptamer binding protein sequence-such as an MCP protein sequence through a linker or directly, and wherein the pegRNA comprises one or more RNA aptamer sequences such as MS2 sequences.
In analogous art, Chen teaches an invention that claims a carrier system for gene editing, the system uses specific binding of RNA aptamer MS2 stem ring structure and MS2 binding protein MCP, so as to promote pegRNA-MS2 recruiting MCP-RT module, improving the reverse transcription efficiency, improving the precise editing efficiency; Using the carrier of the invention, performing gene editing, especially plant gene editing, can obviously improve the efficiency of the lead editing, improving the precise editing efficiency.
It would therefore have been obvious to a person of ordinary skill in the art to combine the method as taught by Gao with the teachings of Chen to arrive at the instantly claimed method with a reasonable expectation of success for the purpose of improving the reverse transcription efficiency and improving the precise editing efficiency as explicitly taught by Chen (¶0045). One would have a reasonable expectation of success because Chen similarly teaches about gene editing using pegRNA and successfully teaches incorporating the additional elements of MCP fused to the RT and the pegRNA comprising MS2 to increase gene-editing efficiency, and use of these optimized elements taught by Chen in the method taught by Gao could be achieved by the ordinary artisan without encountering any special technical difficulties.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Gao as applied to claim 1 above, and further in view of Herschhorn (Herschhorn, A., & Hizi, A. (2010). Retroviral reverse transcriptases. Cellular and molecular life sciences, 67(16), 2717-2747.) and Baek (WO-2018111051-A1).
Regarding claim 14, Gao teaches the limitations of claim 1 as set forth in the previous anticipation rejection. The teachings of Gao as they are applied to claim 1 are set forth previously herein and are incorporated by reference. Gao further teaches a Cas9 H840A-M-MLV RT fusion protein (SEQ ID NO: 12 of Gao) that has over 95% sequence identity to instant SEQ ID NO: 19 (see alignment below).
However, Gao does not explicitly teach the genome editing system according to claim 1, wherein the fusion protein in i)-b) comprises the amino acid sequence shown in SEQ ID NO:19. The sequences appear to differ by inclusion of a short, known linker as well as inclusion of a nucleocapsid protein (see spec., p. 12-13) seen in the instant sequence (lacking from Gao).
In analogous art, Herschhorn teaches nucleocapsid proteins have nucleic acids chaperone activities that affect a variety of RT-related functions including tRNA annealing, RTN initiation, strand transfer and strand displacement synthesis, and the chaperone activity of NC is described to support the formation of the initiation complex for (-) strand DNA synthesis (p. 2735 left column). Furthermore, a search of the specific nucleocapsid protein sequence missing from the sequence of Gao a MLV nucleocapsid protein (SEQ ID NO: 15) taught by Baek that is 100% identical to instant SEQ NO: 6, which is the sequence not taught by Gao within the fusion protein of instant SEQ ID NO: 19.
It would therefore have been obvious to a person of ordinary skill in the art to combine the method as taught by Gao with the teachings of Herschhorn and Baek to arrive at the instantly claimed method with a reasonable expectation of success for the purpose of providing a NC protein to aid in a variety of RT-related functions as described above. One would have a reasonable expectation of success because of arriving at the instantly claimed genome editing system of claim 14 because the MLV nucleocapsid protein was a known and readily available sequence at the time of filing.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Gao as applied to claim 1 above, and further in view of Nelson (Nelson, J. W., Randolph, P. B., Shen, S. P., Everette, K. A., Chen, P. J., Anzalone, A. V., ... & Liu, D. R. (2022). Engineered pegRNAs improve prime editing efficiency. Nature biotechnology, 40(3), 402-410.).
Regarding claim 22, Gao teaches the limitations of claim 1 as set forth in the previous anticipation rejection. The teachings of Gao as they are applied to claim 1 are set forth previously herein and are incorporated by reference.
However, Gao does not explicitly teach the genome editing system according to claim 1, wherein the first pegRNA and/or the second pegRNA also comprises a tevopre sequence at the 3' end of PBS.
In analogous art, Nelson teaches connecting trimmed evopreQ1 (i.e. a tevopre according to spec. p. 16, line 36) to the 3′ end of the epegRNA PBS (Fig. 1, and p. 407, right column, ¶2).
It would therefore have been obvious to a person of ordinary skill in the art to combine the method as taught by Gao with the teachings of Nelson to arrive at the instantly claimed method with a reasonable expectation of success for the purpose of protecting the 3′ extension from degradation by exonucleases (p. 402) and increasing average editing efficiency relative to the full-length epegRNAsy as explicitly taught by Nelson (p. 407, right column, ¶2). One would have a reasonable expectation of success because Nelson similarly teaches using pegRNAs for genome editing, and the inclusion of the tevopre sequence taught by Nelson could be incorporated in the plant genome editing method taught by Gao by the ordinary artisan without encountering any special technical difficulties.
Claims 27-29, 34, and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Gao as applied to claim 1 above, and further in view of Cheng (WO-2022032085-A1).
Regarding claims 27-29, 34, and 45, Gao teaches the limitations of claim 1 as set forth in the previous anticipation rejection. The teachings of Gao as they are applied to claim 1 are set forth previously herein and are incorporated by reference. Gao further teaches transforming the genome editing system of the present invention into an isolated plant cell or tissue, and then regenerating the transformed plant cell or tissue into a whole plant (Claim 18 of Gao and ¶0102).
However, Gao does not explicitly teach:
the genome editing system according to claim 1, wherein the first exogenous nucleotide sequence comprises one or more recognition sites (RS) for recombinases (claim 27)
the genome editing system of claim 27, further comprising: iv) a recombinase and/or an expression construct comprising a nucleotide sequence encoding said recombinase, and v) a donor construct comprising one or more recognition sites (RS) for said recombinase and a second exogenous polynucleotide sequence to be inserted into the plant genome (claim 28)
The genome editing system of claim 27, wherein the recombinase is a recombinase of the tyrosine recombinase family or a recombinase of the serine recombinase family, preferably a recombinase of the tyrosine recombinase family, for example, wherein the recombinase of the tyrosine recombinase family is selected from the group consisting of B2, KD, pSR1, Dre, Cre, and FLP; or the recombinase of the serine recombinase family is selected from the group consisting of phiC31 and Bxb 1 (claim 29)
The genome editing system according to any one of claims 28, wherein said recombinase is contained in said guided editing fusion protein of i)-b) (claim 34)
1) transforming components iv) of the genome editing system into isolated plant cells or tissues, and obtaining the first exogenous nucleotide inserted into a recognition site (RS) comprising one or more recombinases sequence of plant cells or tissues; and 2) transforming component v) of the genome editing system into the plant cell or tissue obtained in step 1), thereby obtaining a plant cell or tissue comprising the inserted second exogenous polynucleotide sequence (claim 45)
Regarding claims 27-28 and 45, in analogous art, Cheng teaches according to the invention, the recombinase/ integrase/ transposase recognition sites are encoded on a pegRNA and inserted into the target site via prime editing (p. 8, lines 16-19). Cheng teaches a recombinase/ integrase/ transposase uses the inserted recognition site at the target locus to incorporate a donor DNA (i.e. a second exogenous polynucleotide sequence to be inserted into the genome) flanked by cognite recombinase/integrase/transposase sites (p. 8, lines 16-19).
Regarding claim 29, Cheng also teaches site-specific recombinases and integrases (e.g., Bxbl, PhiC31, Cre, FlpE, Tn7) can mediate insertion of DNA via specific recognition sequences specific for the recombinases and integrases (p. 8, lines 14-16).
Regarding claim 34, Cheng also teaches another aspect of the invention provides a complex comprising: a CRISPR-Cas system effector enzyme lacking HNH or equivalent nuclease activity; wherein the polynucleotide of the invention further comprises a recruitment sequence for a reverse transcriptase and a recombinase (i.e. wherein said recombinase is contained in said guided editing fusion protein) (p. 9, lines 15-29).
It would therefore have been obvious to a person of ordinary skill in the art to combine the method as taught by Gao with the teachings of Cheng to arrive at the instantly claimed method with a reasonable expectation of success for the purpose of incorporating a donor DNA between the recognition sites (p. 8, lines 16-19) inserted in the plant genome as instantly claimed. One would have a reasonable expectation of success because Cheng similarly teaches using pegRNAs for genome editing, and the inclusion of the recognition sites in the pegRNA for insertion into the target site taught by Cheng could be incorporated in the plant genome editing method taught by Gao by the ordinary artisan without encountering any special technical difficulties.
Claims 46-47 are rejected under 35 U.S.C. 103 as being unpatentable over Gao as applied to claim 1 above, and further in view of Aznauryan (Aznauryan, E., Yermanos, A., Kinzina, E., Devaux, A., Kapetanovic, E., Milanova, D., ... & Reddy, S. T. (2022). Discovery and validation of human genomic safe harbor sites for gene and cell therapies. Cell reports methods, 2(1).) and Dong (Dong, O. X., Yu, S., Jain, R., Zhang, N., Duong, P. Q., Butler, C., ... & Ronald, P. C. (2020). Marker-free carotenoid-enriched rice generated through targeted gene insertion using CRISPR-Cas9. Nature communications, 11(1), 1178.).
Regarding claims 46-47, Gao teaches the limitations of claim 1 as set forth in the previous anticipation rejection. The teachings of Gao as they are applied to claim 1 are set forth previously herein and are incorporated by reference. Gao further teaches transforming the genome editing system of the present invention into an isolated plant cell or tissue, and then regenerating the transformed plant cell or tissue into a whole plant (Claim 18 of Gao and ¶0102).
However, Gao does not explicitly teach:
The method of claim 38, wherein the exogenous nucleotide sequence is inserted into a safe harbor site in the plant genome, the safe harbor site being in the plant genome
1) at least 5kb away from a protein coding region;
2) at least 30kb away from a miRNA coding region;
3) at least 20kb away from lncRNA coding region;
4) at least 20kb away from a tRNA coding region;
5) at least 5kb away from a promoter and/or enhancer;
6) at least 20kb away from a LTR repeat;
7) at least 200bp away from a non-LTR repeat; and
8) at least 10kb away from the centromere (claim 46)
ii. The method of claim 46, wherein said plant is rice, and said safe harbor loci are selected from the group consisting of the loci shown in Table 1 and Table 2 (claim 47)
In analogous art, Aznauryan teaches methods of identifying genomic safe harbor sites (title, abstract, entire document, and Fig. 1A), including 150 kb away from tRNAs (i.e. at least 20 kb away from tRNA coding region). Additionally, Dong teaches potential GSH sites in rice including some that are nearby those in Table 1 (supplementary Table 1).
It would therefore have been obvious to a person of ordinary skill in the art to combine the method as taught by Gao with the teachings of Aznauryan and Dong to arrive at the instantly claimed method with a reasonable expectation of success for the purpose of inserting the exogenous sequences into a safe harbor site that can accommodate transgenes without adverse effects on the host organism due to genome disruption. (p. 2, ¶1) as taught by Dong. One would have a reasonable expectation of success because identifying GSHs in genomes is known and Aznauryan provides criteria of what makes a good GSH site, and the rice genome is known and readily available, therefore the ordinary artisan could identify GSH sites in the rice genome as was performed by Dong, including those instantly listed in Tables 1 and 2, without encountering any special technical difficulties.
Alignments
Alignment of instant SEQ ID NO: 19 with SEQ ID NO: 12 of Gao:
RESULT 17
BJH10117
(NOTE: this sequence has 2 duplicates in the database searched.
See complete list at the end of this report)
ID BJH10117 standard; protein; 2108 AA.
XX
AC BJH10117;
XX
DT 24-JUN-2021 (first entry)
XX
DE Cas9 H840A-M-MLV RT fusion protein, SEQ 12.
XX
KW CRISPR-Cas system; Cas protein; fusion protein; genome editing; mutein;
KW reverse transcriptase; transgenic plant.
XX
OS Moloney murine leukemia virus.
OS Streptococcus pyogenes.
OS Chimeric.
OS Synthetic.
XX
CC PN WO2021082830-A1.
XX
CC PD 06-MAY-2021.
XX
CC PF 25-SEP-2020; 2020WO-CN117736.
XX
PR 01-NOV-2019; 2019CN-11062005.
PR 14-JAN-2020; 2020CN-10036374.
XX
CC PA (CAGD ) INST GENETICS & DEV BIOL CAS.
XX
CC PI Gao C, Lin Q, Zong Y, Jin S, Xue C;
XX
DR WPI; 2021-47940B/041.
DR N-PSDB; BJH10114.
XX
CC PT Plant genome editing system used for targeted modification of plant
CC PT genomes, comprises fusion protein and/or expression construct containing
CC PT nucleotide sequence encoding fusion protein and/or prime editing guide
CC PT RNA.
XX
CC PS Disclosure; SEQ ID NO 12; 49pp; Chinese.
XX
CC The present invention relates to a novel plant genome editing system
CC (CRISPR-Cas system) used for targeted modification of plant genomes. The
CC plant genome editing system comprises a fusion protein and/or an
CC expression construct containing a nucleotide sequence encoding the fusion
CC protein, where the fusion protein comprises clustered regularly
CC interspaced short palindromic repeats (CRISPR) nickase and reverse
CC transcriptase, and/or at least one prime editing guide RNA (pegRNA)
CC and/or an expression construct containing a nucleotide sequence encoding
CC the at least one pegRNA, where the at least one pegRNA includes a guide
CC sequence, a scaffold sequence, and a reverse sequence from 5'-3' reverse
CC transcription (RT) template sequence and primer binding site sequence, a
CC gRNA can form a complex with the fusion protein and target the fusion
CC protein to the target sequence in the genome, resulting in the target
CC incision within the sequence. The invention also provides a method for
CC producing a genetically modified plant.
XX
SQ Sequence 2108 AA;
Query Match 95.3%; Score 9954; Length 2108;
Best Local Similarity 96.4%;
Matches 1934; Conservative 0; Mismatches 0; Indels 72; Gaps 1;
Qy 1 MPKKKRKVDKKYSIGLDIGTNSVGWAVITDEYKVPSKKFKVLGNTDRHSIKKNLIGALLF 60
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1 MPKKKRKVDKKYSIGLDIGTNSVGWAVITDEYKVPSKKFKVLGNTDRHSIKKNLIGALLF 60
Qy 61 DSGETAEATRLKRTARRRYTRRKNRICYLQEIFSNEMAKVDDSFFHRLEESFLVEEDKKH 120
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 61 DSGETAEATRLKRTARRRYTRRKNRICYLQEIFSNEMAKVDDSFFHRLEESFLVEEDKKH 120
Qy 121 ERHPIFGNIVDEVAYHEKYPTIYHLRKKLVDSTDKADLRLIYLALAHMIKFRGHFLIEGD 180
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 121 ERHPIFGNIVDEVAYHEKYPTIYHLRKKLVDSTDKADLRLIYLALAHMIKFRGHFLIEGD 180
Qy 181 LNPDNSDVDKLFIQLVQTYNQLFEENPINASGVDAKAILSARLSKSRRLENLIAQLPGEK 240
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 181 LNPDNSDVDKLFIQLVQTYNQLFEENPINASGVDAKAILSARLSKSRRLENLIAQLPGEK 240
Qy 241 KNGLFGNLIALSLGLTPNFKSNFDLAEDAKLQLSKDTYDDDLDNLLAQIGDQYADLFLAA 300
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 241 KNGLFGNLIALSLGLTPNFKSNFDLAEDAKLQLSKDTYDDDLDNLLAQIGDQYADLFLAA 300
Qy 301 KNLSDAILLSDILRVNTEITKAPLSASMIKRYDEHHQDLTLLKALVRQQLPEKYKEIFFD 360
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 301 KNLSDAILLSDILRVNTEITKAPLSASMIKRYDEHHQDLTLLKALVRQQLPEKYKEIFFD 360
Qy 361 QSKNGYAGYIDGGASQEEFYKFIKPILEKMDGTEELLVKLNREDLLRKQRTFDNGSIPHQ 420
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 361 QSKNGYAGYIDGGASQEEFYKFIKPILEKMDGTEELLVKLNREDLLRKQRTFDNGSIPHQ 420
Qy 421 IHLGELHAILRRQEDFYPFLKDNREKIEKILTFRIPYYVGPLARGNSRFAWMTRKSEETI 480
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 421 IHLGELHAILRRQEDFYPFLKDNREKIEKILTFRIPYYVGPLARGNSRFAWMTRKSEETI 480
Qy 481 TPWNFEEVVDKGASAQSFIERMTNFDKNLPNEKVLPKHSLLYEYFTVYNELTKVKYVTEG 540
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 481 TPWNFEEVVDKGASAQSFIERMTNFDKNLPNEKVLPKHSLLYEYFTVYNELTKVKYVTEG 540
Qy 541 MRKPAFLSGEQKKAIVDLLFKTNRKVTVKQLKEDYFKKIECFDSVEISGVEDRFNASLGT 600
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 541 MRKPAFLSGEQKKAIVDLLFKTNRKVTVKQLKEDYFKKIECFDSVEISGVEDRFNASLGT 600
Qy 601 YHDLLKIIKDKDFLDNEENEDILEDIVLTLTLFEDREMIEERLKTYAHLFDDKVMKQLKR 660
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 601 YHDLLKIIKDKDFLDNEENEDILEDIVLTLTLFEDREMIEERLKTYAHLFDDKVMKQLKR 660
Qy 661 RRYTGWGRLSRKLINGIRDKQSGKTILDFLKSDGFANRNFMQLIHDDSLTFKEDIQKAQV 720
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 661 RRYTGWGRLSRKLINGIRDKQSGKTILDFLKSDGFANRNFMQLIHDDSLTFKEDIQKAQV 720
Qy 721 SGQGDSLHEHIANLAGSPAIKKGILQTVKVVDELVKVMGRHKPENIVIEMARENQTTQKG 780
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 721 SGQGDSLHEHIANLAGSPAIKKGILQTVKVVDELVKVMGRHKPENIVIEMARENQTTQKG 780
Qy 781 QKNSRERMKRIEEGIKELGSQILKEHPVENTQLQNEKLYLYYLQNGRDMYVDQELDINRL 840
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 781 QKNSRERMKRIEEGIKELGSQILKEHPVENTQLQNEKLYLYYLQNGRDMYVDQELDINRL 840
Qy 841 SDYDVDAIVPQSFLKDDSIDNKVLTRSDKNRGKSDNVPSEEVVKKMKNYWRQLLNAKLIT 900
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 841 SDYDVDAIVPQSFLKDDSIDNKVLTRSDKNRGKSDNVPSEEVVKKMKNYWRQLLNAKLIT 900
Qy 901 QRKFDNLTKAERGGLSELDKAGFIKRQLVETRQITKHVAQILDSRMNTKYDENDKLIREV 960
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 901 QRKFDNLTKAERGGLSELDKAGFIKRQLVETRQITKHVAQILDSRMNTKYDENDKLIREV 960
Qy 961 KVITLKSKLVSDFRKDFQFYKVREINNYHHAHDAYLNAVVGTALIKKYPKLESEFVYGDY 1020
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 961 KVITLKSKLVSDFRKDFQFYKVREINNYHHAHDAYLNAVVGTALIKKYPKLESEFVYGDY 1020
Qy 1021 KVYDVRKMIAKSEQEIGKATAKYFFYSNIMNFFKTEITLANGEIRKRPLIETNGETGEIV 1080
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1021 KVYDVRKMIAKSEQEIGKATAKYFFYSNIMNFFKTEITLANGEIRKRPLIETNGETGEIV 1080
Qy 1081 WDKGRDFATVRKVLSMPQVNIVKKTEVQTGGFSKESILPKRNSDKLIARKKDWDPKKYGG 1140
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1081 WDKGRDFATVRKVLSMPQVNIVKKTEVQTGGFSKESILPKRNSDKLIARKKDWDPKKYGG 1140
Qy 1141 FDSPTVAYSVLVVAKVEKGKSKKLKSVKELLGITIMERSSFEKNPIDFLEAKGYKEVKKD 1200
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1141 FDSPTVAYSVLVVAKVEKGKSKKLKSVKELLGITIMERSSFEKNPIDFLEAKGYKEVKKD 1200
Qy 1201 LIIKLPKYSLFELENGRKRMLASAGELQKGNELALPSKYVNFLYLASHYEKLKGSPEDNE 1260
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1201 LIIKLPKYSLFELENGRKRMLASAGELQKGNELALPSKYVNFLYLASHYEKLKGSPEDNE 1260
Qy 1261 QKQLFVEQHKHYLDEIIEQISEFSKRVILADANLDKVLSAYNKHRDKPIREQAENIIHLF 1320
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1261 QKQLFVEQHKHYLDEIIEQISEFSKRVILADANLDKVLSAYNKHRDKPIREQAENIIHLF 1320
Qy 1321 TLTNLGAPAAFKYFDTTIDRKRYTSTKEVLDATLIHQSITGLYETRIDLSQLGGDEFSGS 1380
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1321 TLTNLGAPAAFKYFDTTIDRKRYTSTKEVLDATLIHQSITGLYETRIDLSQLGGDEF--- 1377
Qy 1381 ETPGTSESATPESATVVSGQKQDRQGGERRRSQLDRDQCAYCKEKGHWAKDCPKKPRGPR 1440
Db 1378 ------------------------------------------------------------ 1377
Qy 1441 GPRPQTSLLPKKKRKVELSGGSSGGSSGSETPGTSESATPESSGGSSGGSRPTLNIEDEY 1500
|||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1378 ---------PKKKRKVELSGGSSGGSSGSETPGTSESATPESSGGSSGGSRPTLNIEDEY 1428
Qy 1501 RLHETSKEPDVSLGSTWLSDFPQAWAETGGMGLAVRQAPLIIPLKATSTPVSIKQYPMSQ 1560
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1429 RLHETSKEPDVSLGSTWLSDFPQAWAETGGMGLAVRQAPLIIPLKATSTPVSIKQYPMSQ 1488
Qy 1561 EARLGIKPHIQRLLDQGILVPCQSPWNTPLLPVKKPGTNDYRPVQDLREVNKRVEDIHPT 1620
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1489 EARLGIKPHIQRLLDQGILVPCQSPWNTPLLPVKKPGTNDYRPVQDLREVNKRVEDIHPT 1548
Qy 1621 VPNPYNLLSGLPPSHQWYTVLDLKDAFFCLRLHPTSQPLFAFEWRDPEMGISGQLTWTRL 1680
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1549 VPNPYNLLSGLPPSHQWYTVLDLKDAFFCLRLHPTSQPLFAFEWRDPEMGISGQLTWTRL 1608
Qy 1681 PQGFKNSPTLFNEALHRDLADFRIQHPDLILLQYVDDLLLAATSELDCQQGTRALLQTLG 1740
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1609 PQGFKNSPTLFNEALHRDLADFRIQHPDLILLQYVDDLLLAATSELDCQQGTRALLQTLG 1668
Qy 1741 NLGYRASAKKAQICQKQVKYLGYLLKEGQRWLTEARKETVMGQPTPKTPRQLREFLGKAG 1800
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1669 NLGYRASAKKAQICQKQVKYLGYLLKEGQRWLTEARKETVMGQPTPKTPRQLREFLGKAG 1728
Qy 1801 FCRLFIPGFAEMAAPLYPLTKPGTLFNWGPDQQKAYQEIKQALLTAPALGLPDLTKPFEL 1860
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1729 FCRLFIPGFAEMAAPLYPLTKPGTLFNWGPDQQKAYQEIKQALLTAPALGLPDLTKPFEL 1788
Qy 1861 FVDEKQGYAKGVLTQKLGPWRRPVAYLSKKLDPVAAGWPPCLRMVAAIA VLTKDAGKLTM 1920
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1789 FVDEKQGYAKGVLTQKLGPWRRPVAYLSKKLDPVAAGWPPCLRMVAAIA VLTKDAGKLTM 1848
Qy 1921 GQPLVILAPHAVEALVKQPPDRWLSNARMTHYQALLLDTDRVQFGPVVALNPATLLPLPE 1980
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1849 GQPLVILAPHAVEALVKQPPDRWLSNARMTHYQALLLDTDRVQFGPVVALNPATLLPLPE 1908
Qy 1981 EGLQHNCLDILAEAHGTRPDLTDQPL 2006
||||||||||||||||||||||||||
Db 1909 EGLQHNCLDILAEAHGTRPDLTDQPL 1934
Alignment of SEQ ID NO: 6 (which is comprised within instant SEQ ID NO: 19) with SEQ ID NO: 15 of Baek:
RESULT 1
BFJ91469
(NOTE: this sequence has 7 duplicates in the database searched.
See complete list at the end of this report)
ID BFJ91469 standard; protein; 56 AA.
XX
AC BFJ91469;
XX
DT 09-AUG-2018 (first entry)
XX
DE Murine leukemia virus nucleocapsid protein, SEQ ID 15.
XX
KW NC protein; Nucleocapsid; drug delivery.
XX
OS Murine leukemia virus.
XX
FH Key Location/Qualifiers
FT Domain 26..39
FT /note= "Zinc finger domain"
XX
CC PN WO2018111051-A1.
XX
CC PD 21-JUN-2018.
XX
CC PF 15-DEC-2017; 2017WO-KR014897.
XX
PR 16-DEC-2016; 2016KR-00172548.
PR 15-DEC-2017; 2017KR-00173642.
XX
CC PA (AVIX-) AVIXGEN INC.
XX
CC PI Baek YY, Kim MJ;
XX
DR WPI; 2018-49475N/47.
XX
CC PT New cell penetrating peptide useful in intracellular carrier for
CC PT delivering cargo e.g. chemical substance, polypeptide, nucleic acid,
CC PT carbohydrate or lipid into target cell, comprises specific amino acid
CC PT sequence.
XX
CC PS Claim 7; SEQ ID NO 15; 40pp; Korean.
XX
CC The present invention relates to a novel cell penetrating peptide, useful
CC as an intracellular carrier. The invention also provides a method for
CC delivering a cargo of an intracellular carrier into a cell. The cargo is
CC a chemical substance, polypeptide, nucleic acid, carbohydrate or lipid.
CC The cell penetrating peptide delivers cargo into the target cell even at
CC a low concentration. The present sequence is a Murine leukemia virus
CC nucleocapsid (NC) protein, which is used in the cell penetrating peptide
CC of the invention.
XX
SQ Sequence 56 AA;
Query Match 100.0%; Score 312; Length 56;
Best Local Similarity 100.0%;
Matches 56; Conservative 0; Mismatches 0; Indels 0; Gaps 0;
Qy 1 ATVVSGQKQDRQGGERRRSQLDRDQCAYCKEKGHWAKDCPKKPRGPRGPRPQTSLL 56
||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Db 1 ATVVSGQKQDRQGGERRRSQLDRDQCAYCKEKGHWAKDCPKKPRGPRGPRPQTSLL 56
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 5, 7, 11, 13-25, 17-20, 22, 25-29, 34, 38, and 43-47 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over the pending claims of copending Application No. 17/773,426 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because at least the independent claim is anticipated by the reference application.
Any instant claims not anticipated by copending Application No. 17/773,426 are obvious in view of the prior art teachings for the same reasons set forth in the 102 and/or 103 rejections previously herein.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-2, 5, 7, 11, 13-25, 17-20, 22, 25-29, 34, 38, and 43-47 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over the pending claims of copending Application No. 18/689,009 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because at least the independent claim is anticipated by the reference application.
Any instant claims not anticipated by copending Application No. 18/689,009 are obvious in view of the prior art teachings for the same reasons set forth in the 102 and/or 103 rejections previously herein.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-2, 5, 7, 11, 13-25, 17-20, 22, 25-29, 34, 38, and 43-47 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over the pending claims of copending Application No. 18/995,978 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because at least the independent claim is anticipated by the reference application.
Any instant claims not anticipated by copending Application No. 18/995,978 are obvious in view of the prior art teachings for the same reasons set forth in the 102 and/or 103 rejections previously herein.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-2, 5, 7, 11, 13-25, 17-20, 22, 25-29, 34, 38, and 43-47 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over the pending claims of copending Application No. 19/780,644 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because at least the independent claim is anticipated by the reference application.
Any instant claims not anticipated by copending Application No. 19/780,640 are obvious in view of the prior art teachings for the same reasons set forth in the 102 and/or 103 rejections previously herein.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA N STOCKDALE whose telephone number is (703)756-5395. The examiner can normally be reached M-F 8:30-5:00 CT.
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JESSICA N. STOCKDALE
Examiner
Art Unit 1663
/JESSICA NICOLE STOCKDALE/Examiner, Art Unit 1663
/CHARLES LOGSDON/Primary Examiner, Art Unit 1662
