DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 7-18, 20-25, 28-32 are pending in the instant application.
Applicant's election with traverse of Group I (Invention I) in the reply filed on 11/11/2025 is acknowledged. The arguments filed have been considered but are not found persuasive. Restriction for examination purposes as indicated is proper because all of the inventions listed in the previous action are independent or distinct for the reasons of record and there would be a serious search and examination burden if restriction were not required because one or more of the following reasons apply: (a) the inventions have acquired a separate status in the art in view of their different classification; (b) the inventions have acquired a separate status in the art due to their recognized divergent subject matter; and (c) the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries). Upon further consideration, the species restriction requirement has been withdrawn.
Claims 9-11, 14, 20-25, 28-32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention. The requirement is still deemed proper and is therefore made FINAL.
Claims 1, 7, 8, 12, 13, 15-18 and SEQ ID NOs: 1-3 are under consideration in this Office Action.
Title
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 112(b) or 35 U.S.C. 112 (pre-AIA ) 2nd Paragraph
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 7, 8, 13 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 pre-AIA the applicant regards as the invention.
Claim 7 recites the phrase “characterized by one or more of the following” which renders the claim vague and indefinite since it is unclear if the fusion protein comprising any of the components recited in (1)–(4) by recitation of “characterized by”.
Claim 8 recites the phrase “characterized by one or more of the following” which renders the claim vague and indefinite since it is unclear if the fusion protein comprising any of the components recited in (1)–(3) by recitation of “characterized by”.
Claim 13 recites the phrase “characterized by one or more of the following” which renders the claim vague and indefinite since it is unclear if the fusion protein comprising any of the components recited in (1)–(3) by recitation of “characterized by”.
Conclusion
Claims 1, 12, 15-18 are allowed.
The closest prior art for the recited protein comprising the amino acid sequence of SEQ ID NO: 1 is the reference of Accession BGY87753 (26-DEC-2019; PTO 892) which teaches the Cas12h.2 protein having an amino acid sequence that has 19.3% identity to SEQ ID NO: 1 (see attached record).
The closest prior art for the recited protein comprising the amino acid sequence of SEQ ID NO: 2 is the reference of Accession BGY87826 (26-DEC-2019; PTO 892) which teaches a protein having an amino acid sequence that has 21.0% identity to SEQ ID NO: 2 (see attached record).
The closest prior art for the recited protein comprising the amino acid sequence of SEQ ID NO: 3 is the reference of Accession BOJ69197 (08-FEB-2024; PTO 892) which teaches anti-CRISPR (Acr) polypeptide having an amino acid sequence that has 19.2% identity to SEQ ID NO: 3 (see attached record).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christian L Fronda whose telephone number is (571)272 0929. The examiner can normally be reached Monday-Thursday and alternate Fridays between 9:00AM-5:00PM.
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/CHRISTIAN L FRONDA/Primary Examiner, Art Unit 1652
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