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 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 34 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 34 recites the limitation "the first aliquot" in line 1. There is insufficient antecedent basis for this limitation in the claim. [For examination purposes, “the first aliquot” is interpreted to be referring to the aliquot in independent claim 32, line 3.]
Allowable Subject Matter
Claims 16-17, 20, 23-33 and 35-36 are allowed.
Claim 34 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter.
Regarding claim 16 and its dependent claims, it was not found in the prior art search a teaching or suggestion for the method further comprising:
freezing the aliquot to form a first homogeneous frozen layer;
depositing a second aliquot of a second liquid reagent on the first homogeneous frozen layer;
freezing the second aliquot to form a reagent laminate comprising the first homogeneous frozen layer and a second homogeneous frozen layer; and
treating the reagent laminate under conditions to at least partially lyophilize the reagent laminate, thereby generating a dried hybrid reagent:substrate complex on the substrate.
As to claim 32 and its dependent claims, it was not found in the prior art search a teaching or suggestion for a method comprising:
depositing an aliquot of a liquid reagent on a solid phase substrate having a surface for contacting the liquid reagent to form a reagent: substrate complex, wherein the surface is treated to increase hydrophilicity of the surface;
freezing the aliquot on the substrate to form a frozen aliquot before treating the surface to desiccate the aliquot,
depositing a second aliquot of a liquid reagent on the frozen aliquot to form a hybrid aliquot,
and treating the hybrid aliquot under conditions to desiccate the hybrid aliquot thereby generating a dried reagent:substrate complex on the substrate,
wherein the dried reagent:substrate complex includes a first substantially homogeneous reagent layer and a second substantially homogeneous reagent layer, the first and second substantially homogenous reagent layers being substantially unmixed with each other.
Response to Arguments
Applicant’s amendments have placed the claims in condition for allowance with exception of claim 34, as noted above. Should Applicant submit an After Final amendment that merely overcomes the rejection of claim 34 and places it in condition for allowance, the amendment will be entered.
Conclusion
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/Ann Montgomery/Primary Examiner, Art Unit 1678
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