Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-7 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sporty et al., Ozbal et al. and Babu et al.
See the appropriate paragraph of the 1/25/24 office action.
The 11/26/25 amendments of the 1/16/24 version of claim 1 read: “concentration [[of]] as low as 5 micromoles [[or higher]] in the blood sample.”
Amended claim 1 requires the method to measure NAD concentrations as low as 5 micromoles and include concentrations above 5 micromoles. The 11/26/25 amendments do not appear to change the scope of the 1/16/24 claims that were previously considered by the BPAIand the Office maintains the same rejection is properly applied.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Sporty et al., Ozbal et al. and Babu et al. as applied to claim 1 above and further in view of Chittock.
See the appropriate paragraph of the 1/25/24 rejection.
Response to Arguments
Applicant’s 11/26/25 amendments and remarks have been considered.
The 11/26/25 remarks state on page 5 the instant claims have been amended to emphasize NAD is detected at concentrations as low as 5 micromoles which is not taught or suggested in any of the references.
The 11/26/25 amendments to the 1/16/24 claims do not appear change the scope of the claims. The 1/16/24 claims are to a “… NAD is detected at a concentration of 5 micromoles or higher …” where as the 11/26/25 amended claims are “ … NAD is detected at a concentration as low as 5 microns …”. The 11/26/25 claims are broad enough to include NAD concentrations above 5 micromoles. The 10/3/25 Decision on Appeal, states on page 5 lines 9-11 “Rather, the plain language of the claim requires only that “NAD is detected at a concentration of 5 micromoles or higher.” There is no dispute that the prior art teach the detection of NAD at concentrations higher than 5 micromoles”. We maintain the scope of the 11/26/25 claim includes concetration above 5 micromoles and is properly addressed by the 1/25/24 rejection.
We maintain the 1/25/24 rejection of record is proper.
Conclusion
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/LYLE ALEXANDER/Supervisory Patent Examiner, Art Unit 1797