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 .
The applicant's election of Group I and species, claims 1-6 and 8, without traverse in their reply dated 5/11/2026 is acknowledged. Claims 7 and 9-22 were withdrawn. Claims 1-6 and 8 are considered on the merits below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The Information Disclosure Statements filed on 5/5/2023 and 5/11/2026 are in compliance with the provisions of 37 CFR 1.97 and has been considered. An initialed copy of the Form 1449 is enclosed herewith.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kung et al. (Chem. Commun., 2013, 49, 6888).
Regarding claim 1, Kung describes a composition for detecting or measuring analytes by mass spectrometry (Figure 4) comprising
a complex compound represented by Formula 1:
[Formula 1] [M]n-L1-N1
PNG
media_image1.png
316
500
media_image1.png
Greyscale
wherein n is an integer ranging from 2 to 100000 (n is 10);
M is a repeatable unit compound selected from the group consisting of amino acids, amino acid analogs, peptides, peptide analogs, monosaccharides, oligosaccharides and polysaccharides (M is amino acids);
L1 is either a direct bond between M and N1 or a linker (L1 is a direct bond);
N1 is a first binding moiety that binds to the analyte (N1 is shown in “6a” and can bind an analyte); and
the bond between adjacent M and M is cleaved by a catalyst, so that the M is detected or measured when the analytes are detected or measured (Examiner’s note: A recitation directed to the manner in which a claimed composition is intended to be used does not distinguish the claimed composition from the prior art, if the prior art has the capability to so perform. In this case, the M-M bond is capable of being cleaved by a catalyst, so that the M is detected or measured when the analytes are detected or measured).
Regarding claim 2, Kung describes The composition of claim 1, wherein M has a mass-to-charge ratio (m/z) of 30 to 3,000 (Figure 4: the amino acids in “6a” have a mass-to-charge ratio (m/z) of 30 to 3,000).
Regarding claim 3, Kung describes The composition of claim 1, wherein M is represented by Formula 2:
[Formula 2]
(X1X2...Xm) wherein m is an integer ranging from 1 to 100000; and
X1 to Xm are each independently selected from the group consisting of an amino acid, amino acid analog, peptide, peptide analog, monosaccharide, oligosaccharide and polysaccharide (Figure 4: m is 10; X are amino acids).
Regarding claim 4, Kung describes the composition of claim 3, wherein X1 or Xm, is isoleucine, lysine, serine, arginine or threonine (Figure 4: Thr (T), Ser (S), Lys (K), Asn (N) and Arg (R)).
Regarding claim 5, Kung describes the composition of claim 1, wherein the first binding moiety comprises at least one selected from the group consisting of a probe, an antisense nucleotide, an antibody, an oligopeptide, a ligand, PNA (peptide nucleic acid) and an aptamer, which bind to the analyte (page 6890 “incorporation of functionalized hydroxylamines such as dansyl (5a) (probe) and PEG (5b, av. MV = 500) groups into oxime-modified peptide 2 was demonstrated to give functionalized peptides 6a–b in 99% conversion (Fig. 4, Fig. S29 and S30, ESI†). Attachment of fluorophores onto peptides facilitates molecular imaging for biological studies while PEGylation of peptides allows alteration of their bioavailability and solubility.”).
Regarding claim 6, Kung describes The composition of claim 1, wherein the first binding moiety comprises at least one selected from the group consisting of Chemical Formulas 1 to 5: [Chemical Formula 2] (Figure 4: dansyl)
Regarding claim 8, Kung describes The composition of claim 1, comprising two or more different complex compounds represented by Formula 1 (Figure 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY R BERKELEY whose telephone number is (571)272-9831. The examiner can normally be reached M-Th 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LYLE ALEXANDER/Supervisory Patent Examiner, Art Unit 1797
/EMILY R. BERKELEY/
Examiner
Art Unit 1796
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