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 1-25 submitted on 9/15/2026 are pending for examination.
Applicants election on 9/15/2026 with traverse of group 1 (claims 1-4 and 8-17) directed to a engineered bacterium comprising at least one deficient protease, wherein the at least one protease is ClpAP, wherein the bacterium is engineered to disrupt and to express an exogenous peptide, wherein, prior to engineering, the bacterium is a protease deficient e. coli in a protease other than ClpAP, and wherein the engineered bacterium overexpresses the polypeptide at a level which is at least 2 fold the greater compared to the level of the polypeptide produced by a bacterium not engineered with the deficient protease expressed by said E. coli prior to disruption of ClpAP, wherein said overexpression is induced at about 37° C. Traverse became moot as no argument for traversal is made therefore, Groups II-V ( claims 5-7 and 18-25) invention are withdrawn. Claims 1-4, 8-17 are for examination.
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 1-4, 8-17 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 is indefinite because it recites “is a protease deficient E. coli other than ClpAP” and it is not clear from the claim if this is intended to mean that the E. coli strain is deficient in all proteases including ClpAP or that the E. coli strain has at least one protease deficiency present before an additional protease is disrupted including ClpAP. Claims 2-4 and 8-17 are included in this rejection as they do not overcome the rejection.
Claim 1 is indefinite because it recites “the bacterium is engineered to disrupt and to express an exogenous peptide” for the following reason:
It is unclear whether the bacterium disrupt and also expresses peptide or not.
For clarity it should be replaces by “the bacterium is engineered to disrupt ClpAP and to express an exogenous polypeptide”. Correction is required.
Claims 2-4 and 8-17 are included in this rejection as they do not overcome the rejection.
Claim 16 is indefinite because it recites “the bacterium overexpresses a polypeptide--” . Claim 16 depends on claim 1. Claim 1 recites a polypeptide. Therefore in claim 16 it should be the polypeptide. Correction is required.
Claim 17 is indefinite because it recites “the bacterium overexpresses a polypeptide--” . Claim 17 depends on claim 1. Claim 1 recites a polypeptide. Therefore in claim 17 it should be the polypeptide. Correction is required.
Conclusion
Claims 1-4, and 8-17 and no claim is allowable.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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.
Information regarding the status of an application may be obtained from the
Patent Application Information Retrieval (PAIR) system. Status information for
published applications may be obtained from either Private PAIR or Public PAIR.
Status information for unpublished applications is available through Private PAIR only.
For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
you have questions on access to the Private PAIR system.
/MOHAMMAD Y MEAH/Examiner, Art Unit 1652
Prosecution Insights