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 Status
Claims 1-12, 14-18, and 21 are pending.
Claims 13, 19, and 20 are cancelled.
Claims 7-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/10/2025.
Claims 1-6, 14-18, and 21 are examined on the merits.
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 1-6, 14-18, and 21 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.
Independent claims 1 and 5 recite a capture oligonucleotide that is complementary to the complementary single strand of the second nucleotide sequence, AND the capture oligonucleotide comprises a reverse complement to the blocker oligonucleotide. The claims also recite that the capture oligonucleotide comprises one or more second modified bases but does not indicate if the modified bases are located within the portion of the capture oligonucleotide that is complementary to the complementary single strand of the second nucleotide sequence or the portion that is the reverse complement to the blocker oligonucleotide.
The way the claims are written, both of the above portions are within the same capture oligonucleotide. It is not clear what the structure of the capture oligonucleotide is and how it hybridizes to both the blocker and the complementary strand of the second nucleotide sequence. Furthermore, the two sequences, as described will not bind to each other to form a structure like a hairpin probe. The specification describes a capture oligonucleotide that is a quencher, however the capture oligonucleotide and quencher are described in the specification as separate oligos. Additionally, the oligo that binds the blocker and the oligo that binds the complementary sequence of the second nucleotide sequence are separate oligos in the specification, not within the same oligo as recited in claims 1 and 5. [0179].
Claims 2-4, 6, 14-18, and 21 are included as they do not clarify the structure of the capture oligo.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINDY G BROWN whose telephone number is (571)270-5605. The examiner can normally be reached Monday -Friday, 9:00 am - 5:00 pm EST.
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/MINDY G BROWN/Patent Examiner, Art Unit 1683
/ANNE M. GUSSOW/Supervisory Patent Examiner, Art Unit 1683
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