DETAILED CORRESPONDENCE
Status of the Application
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed on 10/16/2025 has been entered.
Claims 1-3 and 5 are pending in this application.
Applicant’s amendment to the claims filed 10/16/2025 is acknowledged. This listing of the claims replaces all prior versions and listings of the claims.
Applicant’s remarks filed on 10/16/2025 in response to the final rejection mailed on 07/21/2025 is acknowledged and has been fully considered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
Claims 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by He (2005, Molecular Analysis of the Aureothin Biosynthesis Gene Cluster from Streptomyces thioluteus HKI-227; New Insights into Polyketide Assembly, Doctoral Dissertation, Friedrich-Schiller-Universität Jena, Fakultät für Biowissenschaften; cited on the Form PTO-892 mailed 04/11/2025; herein referred to as He).
The instant rejection is maintained from the previous Office Action, and any newly recited portions are necessitated by claim amendment.
Claim 1 is drawn to a method for producing an antibiotic, the method comprising culturing Streptomyces thioluteus in a medium containing a specific composition; and recovering an antibiotic from the cultured Streptomyces thioluteus or medium,
wherein the medium contains any one composition of (1) to (3) below:
(1) yeast extract 4 g/L, malt extract 10 g/L, and maltose 4 g/L;
(2) yeast extract 4 g/L, malt extract 10 g/L, and glucose 4 g/L; and
(3) soluble starch 10 g/L, glucose 20 g/L, soy peptone 25 g/L, beef extract 1 g/L, yeast extract 4 g/L, sodium chloride 2 g/L, and calcium carbonate 2 g/L.
Claim 2 is drawn to the method of claim 1, wherein the antibiotic is aureothin.
Claim 3 is drawn to the method of claim 1, wherein the medium contains any one composition of (1) to (2) below:
(1) yeast extract 4 g/L, malt extract 10 g/L, and maltose 4 g/L; and
(2) yeast extract 4 g/L, malt extract 10 g/L, and glucose 4 g.
Claim 4 is drawn to the method of claim 1, wherein the medium contains sucrose 103 g/L, K2SO4 0.25 g/L, MgCl2*6H2O 10.12 g/L, glucose 10 g/L, casamino acids 0.1 g/L, yeast extract 5 g/L, and TES buffer 5.73 g/L.
Claim 5 is drawn to a culture method for increasing the production of an antibiotic from Streptomyces thioluteus, the method comprising culturing Streptomyces thioluteus in a medium containing anyone composition of (1) to (3) below:
(1) yeast extract 4 g/L, malt extract 10 g/L, and maltose 4 g/L;
(2) yeast extract 4 g/L, malt extract 10 g/L, and glucose 4 g/L; and
(3) soluble starch 10 g/L, glucose 20 g/L, soy peptone 25 g/L, beef extract 1 g/L, yeast extract 4 g/L, sodium chloride 2 g/L, and calcium carbonate 2 g/L.
He discloses the aureothin biosynthesis gene cluster from S. thioluteus [title].
Regarding claims 1-3, He discloses the cultivation of S. thioluteus in M10 medium comprising 4 g yeast extract, 10 g malt extract, 4 g glucose and 1000 mL purified water [p 18, Section 1.1.2, final paragraph] which corresponds to composition (2) of claim 1 and composition (2) of claim 3. He additionally discloses the extraction of aureothin from liquid culture broths of wild-type strains using 50 mL ethyl acetate [p 45, para 1 of Section 2.18]. As the instant specification discloses that aureothin is a useful substance that exhibits antibiotic, antitumor, antifungal, and insecticidal effects [para 0003], the disclosure of He is considered to satisfy the limitations of claims 1-3.
Regarding claim 5, the preamble “a culture method for increasing the production of an antibiotic from Streptomyces thioluteus” is interpreted as the purpose or intended use of the invention, rather than any distinct definition of the claimed invention’s limitations, and is therefore not considered a limitation and is of no significance to claim construction (see MPEP 2111.02.II). In view of this interpretation, He discloses the cultivation of S. thioluteus in M10 medium comprising 4 g yeast extract, 10 g malt extract, 4 g glucose and 1000 mL purified water [p 18, Section 1.1.2, final paragraph] which corresponds to composition (2) of claim 5.
For these reasons, He anticipates claims 1-3 and 5.
Response to remarks: beginning at p. 4 of Applicant’s response to rejections under 35 USC 102, Applicant in summary contends that He does not anticipate claims 1-3 and 5 as amended, as the reference does not disclose every element of the claims.
Applicant’s remarks are considered and found not convincing.
He discloses the cultivation of the organism in the medium of composition (2) recited in claims 1, 3, and 5 in the section entitled “1.1.2 Media for the Cultivation of Streptomyces strains” on [p 18], and further discloses “Aureothin and derivatives were extracted from chopped agar plates or from liquid culture broth of wild-type and recombinant strains with 50 ml ethyl acetate” on [p 45, section 2.18 entitled “Fermentation and Detection of Metabolites” as stated in the rejection above.
Conclusion
Status of the Application:
Claims 1-3 and 5 are pending.
Claims 1-3 and 5 are rejected.
No claim is in condition for allowance.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH SPANGLER whose telephone number is (571)270-0314. The examiner can normally be reached M-F 7:30 am - 4:30 pm.
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/JOSEPH R SPANGLER/
Examiner
Art Unit 1656
/David Steadman/Primary Examiner, Art Unit 1656