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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 60-64 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The carbohydrates and proteins that are recited in these claims as part of the matrix have already been recited in the independent claims from which they depend.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 11-12, 14-17, 57-59 are allowed.
The following is a statement of reasons for the indication of allowable subject matter.
Regarding independent claims 11, 57, 58 and their dependent claims, it was not found in the prior art search a teaching or suggestion for a device comprising,
among other things:
beads with an attached quality control moiety,
a solid film formed from a liquid matrix in which beads are suspended, the liquid matrix comprising a carbohydrate, and a protein, wherein the protein is selected from the group consisting of soluble collagen, keyhole limpet hemocyanin, glutathione-S-transferase, and gamma globulin, and the carbohydrate is selected from the group consisting of glycogen, methyl cellulose, trehalose, chitosan, and alginate.
It was also not found in the prior art search a teaching or suggestion for the benefits or advantages of such combination of limitations, such as disclosed by Applicant in paragraphs 0012, 0017, 0018, 0022, 0031 and 0076 in the specification (in US Pre-Grant Publication 20160274006).
Response to Arguments
Applicant’s amendments have placed the application in condition for allowance with exception of claims 60-64 for the reasons set forth above. Should Applicant cancel claims 60-64 and place the application in condition for allowance in an After-Final, the amendment will be entered.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ann Montgomery whose telephone number is (571)272-0894. The examiner can normally be reached Mon-Fri, 9-5:30 PM PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Greg Emch can be reached at 571-272-8149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ann Montgomery/ Primary Examiner, Art Unit 1678
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