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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 2/19/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/19/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being 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.
Claim 24 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.
Claim 24 recites the limitation "the one or more additional bio-marker specific reagents comprises" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, it is interpreted “the one or more biomarker-specific reagents further comprises…”
Allowable Subject Matter
Claims 1-4, 6-11, 23, 25, 26 and 28-33 are allowed.
The following is an examiner’s statement of reasons for allowance: The closest prior art of record is Stefanovic et al., Romanowsky-Giemsa as a counterstain for immunohistochemistry: optimizing a traditional reagent; Informa Healthcare, The Biological Stain Commission; Biotechnic & Histochemistry, 2- 13, Vol. 88, No. 6, pp. 329-335 which teaches a method which contacts a cell sample with a fluorescent label biomarker-specific reagent, depositing the sample on a solid support, analyzing the sample, staining the sample and analyzing the stained sample. However, the prior art does not disclose, teach or suggest the claimed combination of the biomarker-specific reagent comprise a fluorescent label.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D KRCHA whose telephone number is (571)270-0386. The examiner can normally be reached M-Th 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Robinson can be reached at (571)272-7129. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D KRCHA/Primary Examiner, Art Unit 1796
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