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 .
Acknowledgments and Claim Status
The Examiner acknowledges receipt of the amendment filed 10/13/2025 wherein claims 2, 7-11, 17, 18, 21-23, and 31-40 were canceled and claims 1, 5, 12, and 20 were amended.
Note(s): Claims 1, 3-6, 12-16, 19, 20, and 24-30 are pending.
Priority
This application is a 371 of PCT/US20/42678 filed 7/17/2020 and PCT/US20/42678 claims benefit to PRO of 62/876,379 filed 7/19/2019.
Note(s): The earliest effective filing date is 7/19/2019 as the pending invention is fully supported by the parent applications.
Claim Interpretation
Independent claim 1 is directed to a composition comprising a plurality of particles of one type or a plurality of particles of more than one type, each type comprising a core comprising a tag, a unique compound of interest or a combination of compounds of interest and a unique label, wherein unique compound(s) of interest is/are stably attached to the core.
Independent claim 24 is directed to a method of measuring gut microbiota functional activity as set forth in claim 24.
Applicant’s Election
Once again, the Examiner acknowledges Applicant’s election of Group I (pending claims 1, 3-6, 12-16, 19, and 20) in the reply filed on 4/21/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election was treated as an election without traverse (MPEP § 818.01(a)).
Once again, in the response filed 4/21/2025, Applicant elected the species wherein (1) the particle type core comprising a tag is paramagnetic streptavidin-coated silica beads; (2) the unique label is a combination of biotinylated fluorophores PF-505, PF-510LSS, PF-633, and PF-415; (3) the unique combination of compounds of interest is glycan or a glycan derivative; (4) the fiber preparation is pea fiber preparation; and (5) the polysaccharide is a linear or branched polysaccharide. Claims 1, 3-6, 12-16, 19, and 20 read on the elected species.
Initially, Applicant’s elected species was searched and no prior art was found to reject the claims. The search was expanded to the species found in the cited prior art below. The search was not further extended because prior art was found which could be used to reject one or more claims.
Withdrawn Claims
Claims 24-30 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
112 Second Paragraph Rejections
All outstanding 112 second paragraph rejections, except the following, are WITHDRAWN because Applicant amended the claims to overcome the rejections or the rejection was reconsidered.
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 1, 3-6, 12-16, 19, and 20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 3-6, 12-16, 19, and 20: Independent claim 1 is ambiguous because it is unclear what ‘unique compound of interest’ and ‘combination of compounds of interest’ as well as ‘unique label’ Applicant is referring to that are encompassed and compatible with the pending invention. Since claims 3-6, 12-16, 19, and 20 depend upon independent claim 1 for clarity, those claims are also vague and indefinite.
APPLICANT’S ASSERTIONS
In summary, it is asserted that that compounds of interest are discussed in paragraphs [0074] and [0075] of the specification. It is asserted that suitable compounds include biomolecules and drugs as well as compounds in paragraph [0072]. Also, it is asserted that report labels may be that of paragraphs [0169] and [0170].
EXAMINER’S RESPONSE
The arguments were considered, but deemed non-persuasive for reasons of record and those set forth below. specifically, Applicant is respectfully reminded that it is improper to import limitations from the specification into the claims. If it is not Applicant’s desire that the claims be interpreted to be any substance that is attached to a core that comprises any substance that is attached thereto (tag) and any substance that may be one of interest, then it is respectfully requested that the claims be clarified. The claims as written do not exclude any art with the appropriate compounds of which the reader may assign to be the core, a tag, or one or more unique compounds of interest. The 112 second paragraph rejections are still deemed proper as the claims are ambiguous and the metes and bounds of the claims cannot be ascertained with clarity.
102 Rejection
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chandler et al (US Patent No. 6,268,222).
Independent claim 1 is directed to a composition comprising a plurality of particles of one type or a plurality of particles of more than one type, each type comprising a core comprising a tag, a unique compound of interest or a combination of compounds of interest ("the particle-bound compound(s) of interest") and a unique label, wherein the particle-bound compound(s) of interest are stably attached to the core.
Chandler et al is directed to microparticles that are attached to nanoparticles labeled with fluorescent dyes. In particular, the compositions of Chandler et al comprise a core particle having on its surface a plurality of smaller polymeric particles which are labeled with different fluorescent dyes (see entire document, especially, abstract). Thus, the limitations of independent claim 1 are met.
APPLICANT’S ASSERTIONS
In summary, it is asserted that Chandler does not teach or suggest particle comprising a core comprising a tag, a unique compound of interest or a combination of compounds of interest and a unique label wherein the unique compound of interest or the combination of compounds of interest are stably attached to the core. It is asserted that Chandler reports a particle surrounded by a second smaller particle.
EXAMINER’S RESPONSE
Applicant’s arguments were considered, but deemed non-persuasive for reasons of record. The pending claims read on any substances. Each substance present may be appropriately assigned to be the tag, label, core, and compound of interest as pending claim 1 does not limit the substances that may be selected for the various roles. In regards to the compound of interest or combination of compounds being stably attached to the core, according to MPEP 2112.01 if the composition is physically the same, then it must have the same properties. Both Applicant and the cited prior art read on components that may be appropriately assigned to be a tag, label, core, and compound(s) of interest. Thus, the properties associated with Applicant composition (being stable) would also be present in the cited prior art composition. Hence, the inventions disclose overlapping subject matter.
Also, in regards to the attachment being stable, Applicant is respectfully reminded that the term “stable (or stably)” in the claim is a relative term which renders the claim is opened to interpretation by the reader (one of ordinary skill in the art). Thus, the definition of the term may vary from one reader to another.
For the reasons set forth supra, the rejection is still deemed proper.
Comments/Notes
The full scope of the pending claims was not searched.
Conclusion
Claims 1, 3-6, 12-16, 19, and 20 are rejected and claims 24-30 are withdrawn.
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.
Future Correspondences
Any inquiry concerning this communication or earlier communications from the examiner should be directed to D L Jones whose telephone number is (571)272-0617. The examiner can normally be reached M-F.
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/D. L. Jones/
Primary Patent Examiner
Art Unit 1618
January 20, 2026
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