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 .
DETAILED ACTION
Claim Status
Claims 31-40 are pending. Claims 31-32 and 35-38 have been amended. Claims 31-40 are being examined in this application. In the response to the restriction requirement, Applicants elected RKKWFWPra-Lys(azido)-Lys-PEG12-Cys-ccttggcacccgagaattccaatcgtcgagagctagbaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa*a*a.
Claim Rejections - 35 USC § 112
The rejection of claims 31-34 and 39-40 under 35 U.S.C. 112(b) is withdrawn in view of the amendments to the claims.
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.
This rejection has been modified.
Claims 35-38 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 35-38 recite the phrases “a PCR handle sequence”, “a unique DNA barcode sequence”, and “a capture sequence”, none of which is defined in the specification.
Response to Arguments
Applicant’s arguments filed on 1/9/2026 have been fully considered but they are not persuasive.
Applicant argues that that the claimed phrases “a PCR handle sequence”, “a unique DNA barcode sequence”, and “a capture sequence” are defined in the specification at para [0109].
Applicant’s arguments are not persuasive.
Para [0109] states the following:
“[T]he Oligo labelled Item-7 is the yet another example for the method of making oligo coupled Item-7 for binding the PS positive cells in single-cell sequencing, wherein said oligo is a designed short DNA sequence comprising: (1) PCR handle sequence which serves as the starting point for DNA synthesis; (2) unique DNA barcode which serves as PS positive cell identifiers that can be easily recovered from single transcriptomes; (3) capture sequence which serves as a sequence to bind its complementary sequence on cell capture beads. Said oligo Item-7 is used to bind the PS positive cells which may discriminate PS positive cells from live in Single-cell RNA sequencing”.
None of the asserted definitions of “a PCR handle sequence”, “a unique DNA barcode sequence”, and “a capture sequence” are actual definitions.
For instance, one of ordinary skill in the art would not know what a sequence that serves as the starting point for DNA synthesis is; or what a sequence that serves as a sequence to bind its complementary sequence on cell capture beads is.
Similarly, the skilled artisan would not know what is encompassed by the claimed DNA barcode which serves as PS positive cell identifiers that can be easily recovered from single transcriptomes.
It is clear that these are not proper definitions of “a PCR handle sequence”, “a unique DNA barcode sequence”, and “a capture sequence”.
Applicant should provide structures or specific sequences of the claimed “PCR handle sequence”, “unique DNA barcode sequence”, and “capture sequence”
For the reasons stated above the rejection is maintained.
Allowable Subject Matter
Claims 31-34 and 39-40 are allowed.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SERGIO COFFA whose telephone number is (571)270-3022. The examiner can normally be reached M-F: 6AM-4PM.
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/SERGIO COFFA Ph.D./
Primary Examiner
Art Unit 1658
/SERGIO COFFA/Primary Examiner, Art Unit 1658
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