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 .
Election/Restrictions
Applicant’s election without traverse of an oligomeric module comprising an optionally substituted acrylamide residue in the reply filed on 2025 July 31 is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted 2022 June 16 and 2025 July 31 have been submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are considered by the examiner.
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.
Claims 1-25 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. The metes and bounds each oligomeric module are not specified in the claims. Although applicants discuss exemplary embodiments in the specification (page 14, line 26 to page 20, line 5), these embodiments do not limit the scope of the claims. The metes and bounds of each oligomeric, which can be the same or different) control how the oligomeric modules are connected.
Claims 1-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: what is the relationship of the residues to the remainder of each oligomeric module in claim 1? Are these residues terminal or branching groups?
Claim 25 does not recite an active step. What steps are required to detect an analyte with a molecular sensor of claim 15?
Claim Rejections - 35 USC § 102
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(s) 1, 3, 6, 7, 9, 10, 12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by AVETISOV (The Journal of Physical Chemistry Letters, 2019, 10, 5189-5192, cited in IDS). Avetisov describes a syndiotactic N-isopropylmethacrylamide oligomer with 30 units, oligo-30s-NIPMAm (page 5190, column 1, paragraph 3 to column 2, paragraph 1). This oligomer anticipates an oligomeric machine of the examined application because each oligomeric module can be the same. A 30 unit oligomer can be formed from two 15-unit oligomers. This oligomer has vibrational properties (page 5190, second column, third paragraph to page 5191, column 2, paragraph 3). This oligomer can be used in the study of studying the nanomechanics of short oligomers (page 5191, column 2, paragraph 3).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JANKE (Nature Nanotechnology, 2009, 4, 225-229). Janke describes dimer 6 (page 226, figure 1). This compound has stochastic properties (page 226, column 1, paragraph 1 to page 227, column 1, paragraph 1). The critical temperature is 460 K. This dimer can be used to study the strength of hydrogen bonds (page 228, column 1, paragraph 3).
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Allowable Subject Matter
Claims 1-25 are not allowed.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fereydoun Sajjadi can be reached at 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699