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 of Group I in the reply filed on June 9, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Tsionsky et al (US Patent Application 2018/0238882) in view of Bard et al (US Patent Application 2007/0034529).
Regarding claims 1-7, Tsionsky et al discloses the invention substantially as claimed. Tsionsky et al teaches a medium/electrolyte comprising ECL moiety and ECL co-reactant (Paragraph 99). Tsionsky et al further teaches ECL labels comprising organometallic complexes of ruthenium in the presence of a co-reactant (Paragraphs 38, 63). Tsionsky et al further teaches the pH of the composition is 6-9 (Paragraph 105). Tsionsky et al further teaches the composition is preferably aqueous and can also comprise organic liquids such as acetonitrile, dimethylformamide, methanol and ethanol in order to form the electrolyte (Paragraph 198). Tsionsky et al further teaches the ECL co-reactant comprises an amine (Paragraph 106) in the amount from 10-800mM (which overlaps the instantly claimed range) (Paragraph 90). However, Tsionsky et al fails to specifically disclose the coreactant is 4-DMPAP.
In the same field of endeavor, Bard et al teaches a solution/electrolyte comprising an ECL moiety/label which can comprise a metal containing organic compound wherein the metal is ruthenium and a coreactant (Paragraphs 72-73, 189). Bard et al further teaches the coreactant comprises an amine such as TPA or 2-dimethylaminopyridine (Paragraphs 89-106).
With regard to 4-DMAP, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided 4-DMAP in Tsionsky et al in view of Bard et al as simple substitution of one known amine coreactant for ECL labels/moieties for another amine coreactant for ECL labels/moieties would only be obvious the ordinary artisan. Both Tsionsky et al and Bard et al teach amine containing compounds as the preferred coreactants and discuss TPA as the known coreactant, Bard et al only teaches 2-dimethylaminopyridine, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have substituted 2-dimethylaminopyridine with its homologues (4-dimethylaminopyridine) because characteristics normally possessed by members of homologous series are principally the same, and vary but gradually from member to member; chemists knowing properties of one member of series would in general know what to expect in adjacent member, see In re Henze, 85 USPQ 261.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANISHA DIGGS whose telephone number is (571)270-7730. The examiner can normally be reached Monday, Tuesday and Friday, 9:00AM-5:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TANISHA DIGGS/Primary Examiner, Art Unit 1761 September 17, 2026
Prosecution Insights