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 Responsive to claim set of 2/7/2024 Claims pending 1-20 Claims currently under consideration 1-20 Priority This application has a filing date of 06/21/2023 and is a 371 of PCT/US2021/064403 12/20/2021 PCT/US2021/064403 has PRO 63/129,239 12/22/2020 Claim Rejections - 35 USC § 102 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim s 1,7,12-16 are rejected under 35 U.S.C. 102 (a)(1 & 2 ) as being anticipated by Steinmetzer et al (US AppPub 20110014606 ) . Steinmetzer et al teach throughout the document and especially paragraphs 0310-0311 , 0363, 0196, devices and iterative method (s) of analyzing a capillary blood microsample obtained from a subject, including : ( i ) assessing 5-10 microliters of a test mixture for c apillary microsample analytes, wherein the test mixture comprises the capillary microsample diluted around 10 fold into a stabilizing buffer comprising 20 percent ethanol; and (ii) analyzing (e.g. the concentration of ) capillary microsample nucleic acids purified from the test mixture. The foregoing reads on claims 1,7, 12,13,14,15,16. Claim 20 is rejected under 35 U.S.C. 102 (a)(1 & 2) as being anticipated by Barton et al (US AppPub 20060014181 ) . Barton et al teach throughout the document and especially paragraphs 0078-0079: a capillary electrophoresis instrument and a stabilizing buffer including ethanol and nucleic acid analysis reagents, that is all elements of the kit set forth in claim 20 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. Claims 1,7,12-16 and 2-6,8-11,17, 1 8,19 are rejected under 35 U.S.C. 103 as being unpatentable over Steinmetzer et al (US AppPub 20110014606 ) in view of Gong et al (US PG-Pub 20120315630 ). Steinmetzer et al is relied on as above. as well as regarding claim 18 lines 1-7; and claim 19 , in so far as in Steinmetzer paragrap h 0310 (at least) discloses the water of claim 17 and inherently the pinprick of claim 19 . Steinmetzer et a l do not explicitly teach: genotyping SNP alleles from one or more genes per claims 2 - 6 and claim 18 line 8 ; opioids as a performance enhancing therapeutic drug (which is also a drug of abuse) of claims 8,9,10 and 11 ; nor isopropanol set forth in claim 17. Like claims 2,3,4,5, 6, 8,9,10 , 11 and the alleles of claim 18 line 8, Gong et al teach throughout the document and especially the title and paragraphs 0414-0432 0504-0509; SNP alleles from one or more genes and/or metabolites as biomarkers for patients with irritable bowel syndrome (IBS) ; and that IBS may be treated with an opioid (a drug of abuse) as a therapy to enhance the performance of such suffering patients . In paragraphs 0562-0563, Gong et al further teach isopropanol may be used for isolating the metabolites like claim 17. It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have genotyped SNP alleles and/or analyzed metabolites from IBS patients treated with opioids in the manner suggested by Gong et al from blood as in Steinmetzer et al. One of ordinary skill in the art would have been motivated to have genotyped SNP alleles and/or analyzed metabolites from IBS patients treated with opioids in the manner suggested by Gong et al from blood as in Steinmetzer et a l and a reasonable expectation of success in doing so , since Gong et al note the disclosed invention provides accurate diagnostic prediction of IBS and prognostic information useful for guiding t herapy (see paragraph 0011 ) . 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 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. 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