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 .
The preliminary amendment filed 3/12/2025 is acknowledged. Claims 1, 7-12, 14-15, and 17-19 are amended. Claim 3 is cancelled. New claim 20 is added. Claims 1-2 and 4-20 are pending.
Information Disclosure Statement
The information disclosure statements filed on 3/12/2025 and 6/16/2026 have been considered. Signed copies are enclosed.
Claim Rejections - 35 USC § 112
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 5-7 and 11 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.
Claims 5-7 and 11 are indefinite because they are drawn to both a product and a process. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. In order to have any gene or protein activity (weakened or otherwise), the cell would have to be growing under appropriate conditions. As the claims are drawn to the cells themselves, not the process of growing them, they cannot have activity. Likewise with claim 7, the cells cannot produce anything unless they are growing.
Claims 5 and 6 are indefinite because they require the cells to comprise yqhD, but then require the cells to have inactivated yqhD.
Claim Rejections - 35 USC § 102
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.
Claims 1-2 and 4-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tokuyama et al (Microbial Cell Factories, 13:64, 1-11, 2014).
The instant claims are drawn to microorganisms, vectors, and compositions comprising said microorganisms comprising dhaB, gdrAB, aldH, and yqhD. The claims also include methods of producing 1,3-PDO and 3-HP as well as compositions comprising 1,3-PDO and 3-HP.
Tokuyama et al discloses E coli cells which overexpress dhaB and gdrAB, and which contain aldH and yqhD (see page 2, column 2). E coli naturally contains genes encoding glycerol 3 phosphate dehydrogenase and glycerol 3 phosphate phosphatase. Tokuyama et al also disclose said cells with a deletion of yqhD, thus inactivating it (see page 6, column 2). The cells produce 1,3-PDO and 3-HP (see page 2, column 2). The E coli disclosed is a recombinant vector. With regard to the specific amounts of 1,3-PDO and 3-HP, this will be dependent on the media and growth conditions as well as the cells themselves. Since the cells disclosed by Tokuyama et al meet all of the structural requirements of the claimed cells, they would necessarily have all of the same functional characteristics of the claimed cells. Tokuyama et al also disclose compositions comprising at least 10g/L of 1,3-PDO and 3-HP (see table 1).
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian J Gangle whose telephone number is (571)272-1181. The examiner can normally be reached M-F, 9-6:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Gussow can be reached at 571-272-6047. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN GANGLE/ Primary Examiner, Art Unit 1645
Prosecution Insights