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 .
Applicant’s response on 1/22/2026 has been received and entered.
Claims 11, 16-20 have been canceled.
Claims 1-10 and 12-15 are pending and under examination.
Obvious type double patenting over 18435336 (now US12417538) is withdrawn because 538’ patent does not recite the one imager strand comprises at least two different types of labels. Moreover, 538’ patent does not recite that the total labels Nch is smaller than total targets Nm (where m is at least 3, and Nch is at least 2).
The rejection on claims 1-10, 12-15 under 35 USC 112(b) is withdrawn because of amendment.
However a new ground of rejection is set forth below.
Note, telephonic call was made to Dr. Anderson but no response has been received since. Examiner suggests applicants provide more information in the future for expediting prosecution, e.g. name of the law firm, fax number or email.
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.
Claim 15 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 15, step 4, the "e.g." renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Conclusion
Claims 1-10 and 12-14 are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANGHWA J CHEU whose telephone number is (571)272-0814. The examiner can normally be reached 8 am to 8 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gregory Emch can be reached at 5712728149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHANGHWA J. CHEU
Primary Examiner
Art Unit 1678
/CHANGHWA J CHEU/Primary Examiner, Art Unit 1678
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