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 .
Status of the Application
The Response and the Request for Continued Examination, each filed June 30, 2026 are acknowledged.
Claims 12, 14-15, 17 and 19-22 were pending. Claims 12, 14-15, 17 and 20-22 are being examined on the merits. Claim 19 is canceled.
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 30, 2026 has been entered.
Response to Arguments
Applicant’s arguments filed June 30, 2026 have been fully considered.
All of the previously made rejections are WITHDRAWN in view of the arguments and claim amendments.
Response to arguments regarding prior art rejections
The Examiner has reconsidered the rejection in view of Applicant’s arguments and amendments to independent claim 12, and agrees with Applicant as to the differences between the cited art and the instantly claimed methods (Remarks, pp. 4-7).
The prior art rejections are withdrawn.
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 12, 14-15, 17 and 20-22 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.
Claim 12 recites “wherein … (ii) the one or more metabolomic biomarkers are selected
from … hexanotate”, the meaning of which is unclear. Specifically, it is unclear if this is a typographical error where Applicant intended to recite “hexanoate”. If not, it is not clear what is meant by the term “hexanotate” as it is not defined in the specification and does not appear to be a term of art in the biomarker field. Claim 17 similarly recites “hexanotate” and is rejected with the same reasoning. Since the ordinary artisan would not be able to determine the metes and bounds of the claim, it is indefinite.
Claims 14-15, 17 and 20-22 depend directly or indirectly from claim 12, and consequently incorporate the indefiniteness issues of claim 12.
Conclusion
Claims 12, 14-15, 17 and 20-22 are being examined and are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLYN GREENE whose telephone number is (571)272-3240. The examiner can normally be reached M-Th 7:30-5:30 EST.
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, Gary Benzion can be reached at 571-272-0782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLYN L GREENE/Primary Examiner, Art Unit 1681
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