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Attorney Docket No.: 11357-US-CNT
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of: Hendriksen et al.
`
`Confirmation No: 3014
`
`Serial No.: 15/433,642
`
`Group Art Unit: 1652
`
`Filed: February 15, 2017
`
`Examiner: Tekchand Saidha
`
`For: Method for Producing a Dairy Product
`
`RESPONSE TO RESTRICTION REQUIREMENT
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`In response to the Office Action mailed March 9, 2018, please amend the above-identified
`
`application as follows:
`
`Amendments to the claims are reflected in the listing of claims, which begins on page 2
`
`of this document.
`
`Remarks and arguments begin on page 4 of this document.
`
`

`

`AMENDMENTS TO THE CLAIMS:
`
`Claims 30-33 are canceled without prejudice or disclaimer. Claims 41-47 are added. The
`
`following is the status of the claims of the above-captioned application, as amended.
`
`1-26.
`
`(Canceled).
`
`27.
`
`(Previously presented).
`
`A polypeptide having transgalactosylating activity, which is a
`
`truncated polypeptide consisting of the amino acid sequence of amino acids 28-979 of SEQ ID NO:
`
`1 or is a fragment thereof having transgalactosylating activity.
`
`28.
`
`(Previously presented).
`
`The polypeptide of claim 27, wherein
`
`the
`
`truncated
`
`polypeptide consists of the amino acid sequence of amino acids 28-979 of SEQ ID NO: 1.
`
`29.
`
`(Previously presented).
`
`The polypeptide of claim 27, wherein
`
`the
`
`truncated
`
`polypeptide consists of the amino acid sequence of a fragment of amino acids 28-979 of SEQ ID
`
`NO: 1.
`
`30-33. (Canceled).
`
`34.
`
`(Previously presented).
`
`A composition comprising the polypeptide of claim 27.
`
`35.
`
`(Previously presented).
`
`The composition of claim 34, which is a food composition.
`
`36.
`
`(Previously presented).
`
`The composition of claim 35, which is a dairy product.
`
`37.
`
`(Previously presented).
`
`A method for producing a food product, comprising treating a
`
`substrate comprising lactose with the polypeptide of claim 27.
`
`38.
`
`(Previously presented).
`
`A method for producing a dairy product, comprising treating
`
`a milk-based substrate comprising lactose with the polypeptide of claim 27.
`
`39.
`
`(Previously presented).
`
`A method
`
`for
`
`producing
`
`galacto-oligosaccharides,
`
`comprising contacting the polypeptide of claim 27 with a milk-based substrate comprising lactose.
`
`2
`
`

`

`40.
`
`(Currently amended). A method
`
`for producing galacto-oligosaccharides, comprising
`
`contacting the polypeptide of claim 28 ~ with a milk-based substrate comprising lactose.
`
`41.
`
`(New). A polypeptide having transgalactosylating activity, which is a fragment having an
`
`amino acid sequence which is at least 98% identical to amino acids 28-979 of SEQ ID NO: 1,
`
`wherein the fragment consists of at most 952 amino acid residues and has transgalactosylating
`
`activity.
`
`42.
`
`(New). A composition comprising the polypeptide of claim 41.
`
`43.
`
`(New). The composition of claim 42, which is a food composition.
`
`44.
`
`(New). The composition of claim 43, which is a dairy product.
`
`45.
`
`(New). A method for producing a food product, comprising treating a substrate comprising
`
`lactose with the polypeptide of claim 41.
`
`46.
`
`(New). A method for producing a dairy product, comprising treating a milk-based substrate
`
`comprising lactose with the polypeptide of claim 41.
`
`47.
`
`(New). A method
`
`for producing galacto-oligosaccharides, comprising contacting
`
`the
`
`polypeptide of claim 41 with a milk-based substrate comprising lactose.
`
`3
`
`

`

`REMARKS
`
`Claims 30-33 are canceled without prejudice or disclaimer. Claims 41-47 are added.
`
`Therefore, claims 27-29 and 34-47 are now pending in the present application. Claims 41-47 are
`
`supported throughout the specification, e.g., at page 17, line 20-29.
`
`The Office Action made a restriction requirement between the following groups:
`
`Group I:
`
`claims 27-29 and 34-36 directed to polypeptides having transgalactosylating
`
`activity and compositions
`
`Group II:
`
`claims 30-32 directed to nucleic acids, recombinant host cells, and methods of
`
`producing a polypeptide having transgalactosylating activity
`
`Group Ill:
`
`claim 33 directed to a method of claim 32, further comprising purifying the
`
`polypeptide;
`
`Group IV:
`
`claims 37 and 38 directed to methods for producing a food product; and
`
`Group V:
`
`claims 39 and 40 directed to methods for producing galacto-oligosaccharides.
`
`In response to this requirement, Applicants hereby elect the invention of Group I. Claims
`
`27-29, 34-36, and 41-44 read on the elected invention. Applicants hereby reserve the right to
`
`file divisional applications directed to the nonelected subject matter.
`
`Moreover, Applicants submit that claims 27 and 41 link Groups I-V. Therefore, upon
`
`allowance of the linking claim, the restriction requirement as to the linked inventions should be
`
`withdrawn and all claims within the linked inventions should be examined in the instant
`
`application.
`
`The Examiner is hereby invited to contact the undersigned by telephone if there are any
`
`questions concerning this response or application.
`
`All required fees were charged to Novozymes North America, lnc.'s Deposit Account No.
`
`50-1701 at the time of electronic filing. The USPTO is authorized to charge this Deposit Account
`
`should any additional fees be due.
`
`Date: May 8, 2018
`
`Respectfully submitted,
`
`/Elias Lambiris, Reg. # 33728/
`Elias J. Lambiris, Reg. No. 33,728
`Novozymes North America, Inc.
`77 Perry Chapel Church Road
`Franklinton, NC 27525
`(919) 494-3405
`
`4
`
`

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